Canadian Criminal Sentencing/Offences/Common Assault

Common Assault
s. 265 of the Crim. Code
Election / Plea
Crown Election	Hybrid
Jurisdiction	Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2))
Summary Dispositions
Avail. Disp.	Discharge (730) Suspended Sentence (731(1)(a)) Fine (734) Fine + Probation (731(1)(b)) Jail (718.3, 787) Jail + Probation (731(1)(b)) Jail + Fine (734) Conditional Sentence (742.1)
Maximum	6 months jail or $5,000 fine
Indictable Dispositions
Avail. Disp.	same as summary
Maximum	5 years jail
References
Offence Elements Sentence Principles Sentence Digests

Legislation

266. Every one who commits an assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

– CCC

Application

For general principles and factors of assault-based offences, see Assaultive Offences

Ancillary Orders

• DNA Order
• Weapons Prohibition Orders (110 on summary, 109 on indictable)
• Weapons Forfeiture
• Forfeiture of Offence-related Property

See Also

• UK Sentencing Guidelines on Assault