Canadian Criminal Sentencing/Offences/Assault Peace Officer

Assault Peace Officer
Assault Peace Officer
	s. 270 of the Crim. Code
Election / Plea
Crown Election	Hybrid
Jurisdiction	Prov. Court ; SC Judge + PI (I) ; SC Jury + PI (I) (536(2))
Summary Dispositions
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;
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Legislation

Punishment
s.270 (2) Every one who commits an offence under subsection (1) 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.

...
718.02 When a court imposes a sentence for an offence under subsection 270(1), section 270.01 or 270.02 or paragraph 423.1(1)(b), the court shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.

– CCC

Application

For details on general principles and factors of assault-based offences, see Canadian Criminal Sentencing/Offences/Assaultive Offences

Principles

All offences involving assaults of peace officers is serious and so court must emphasize denunciation.^[1]

Spitting has been considered a serious offence. It is repulsive and disgusting^[2].

Spitting can be harmful presents a risk of transferring diseases. This could result in permanent infections or at a minimum weigh on the officer's mind for some time.^[3]

↑ R. v. Beaudin, 2012 ONCA 615 (CanLII) at para. 1
↑ R v Solomon, [2001] OJ No 5733 (CJ) at 2
↑ R v Solomon, at para 2
R v Joseph [2001] OJ No 5726 at para 3
R. v. Charlette, 2010 SKCA 78 (CanLII) at para. 9 - offender spat twice in officer's face and once on clothing ("The possibility of contracting a disease is real, and the fear of developing a disease preys on the victim’s mind for some time to come.") R. v. Ryan, [2001] O.J. No. 5069 (C.J.) at 4
R v Ratt, 2012 SKPC 154 (CanLII) - herpes can spread by spitting including in the eye

Factors

Primary Factors

spitting: degree of risk of communicating diseases

[1] R. v. Beaudin, 2012 ONCA 615 (CanLII) at para. 1

[2] R v Solomon, [2001] OJ No 5733 (CJ) at 2

[3] R v Solomon, at para 2
R v Joseph [2001] OJ No 5726 at para 3
R. v. Charlette, 2010 SKCA 78 (CanLII) at para. 9 - offender spat twice in officer's face and once on clothing ("The possibility of contracting a disease is real, and the fear of developing a disease preys on the victim’s mind for some time to come.") R. v. Ryan, [2001] O.J. No. 5069 (C.J.) at 4
R v Ratt, 2012 SKPC 154 (CanLII) - herpes can spread by spitting including in the eye

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