Canadian Criminal Law/Offences/Sexual Assault Causing Bodily Harm
| Sexual Assault Causing Bodily Harm | |
|---|---|
| s. 272 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Indictable |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Indictable Dispositions | |
| Avail. Disp. | Suspended Sentence (731(1)(a)) |
| Minimum | Restricted firearm: 5 years (first) 7 years (second or more) Other firearms: 4 years |
| Maximum | 14 years jail |
| Designations | |
| DNA Primary designated offence DO/LTO primary designated offence | |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation edit
Sexual assault with a weapon, threats to a third party or causing bodily harm
272. (1) Every person commits an offence who, in committing a sexual assault,
- (a) carries, uses or threatens to use a weapon or an imitation of a weapon;
- (b) threatens to cause bodily harm to a person other than the complainant;
- (c) causes bodily harm to the complainant; or
- (d) is a party to the offence with any other person.
...
R.S., 1985, c. C-46, s. 272; 1995, c. 39, s. 145; 2008, c. 6, s. 28; 2009, c. 22, s. 10; 2012, c. 1, s. 26.
– CCC
Proof of the Offence edit
- identity of accused
- date and time of incident
- jurisdiction (incl. region and province)
- the accused assaulted the victim
- in doing so the accused caused bodily harm, if under s.272(1)(c) (See Canadian Criminal Law/Causation)
- there was an objective foresight of the risk of bodily harm (mens rea)
Interpretation edit
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Defences edit
A defence of consent it not available to sexual assault causing bodily harm.[1] For details, see Canadian Criminal Law/Consent (sexual offences).
- ↑ R. v. Welch, 1995 CanLII 282 (ON CA)
Typical Motions or Orders edit
Witness motions edit
- Exclusion of public from court (486)
- Prohibition of self-represented accused from Cross-examining a witness under the age of 18 years (486.3)
- Sexual Offence Publication Ban (486.4)
- Publication Ban of in relation to victims, witnesses or justice system participants (486.5)
- Witness Screen (486.2)
- Testimony by Video (714.1)