Canadian Criminal Law/Offences/Sexual Assault Causing Bodily Harm
|Sexual Assault Causing Bodily Harm|
|s. 272 of the Crim. Code|
|Election / Plea|
|Jurisdiction||Prov. Court |
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
|Minimum||Restricted firearm: |
5 years (first)
7 years (second or more)
|Maximum||14 years jail|
|DNA Primary designated offence|
DO/LTO primary designated offence
|Offence Elements |
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.
Proof of the OffenceEdit
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- R. v. Welch, 1995 CanLII 282 (ON CA)
Typical Motions or OrdersEdit
- 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)