Assault Causing Bodily Harm
Assault causing bodily harm under section 267(b) of the Criminal Code is committed where the accused commits an assault and, in doing so, causes bodily harm to the complainant. It is a hybrid offence — the Crown may elect to proceed summarily (maximum 2 years less a day) or by indictment (maximum 10 years). The offence sits between simple assault and aggravated assault on the seriousness spectrum.
Mass Tsang's assault lawyers defend assault causing bodily harm charges across the GTA. For more on assault offences generally, see our blog post on assault charges in Toronto.
What "bodily harm" means
Section 2 of the Criminal Code defines bodily harm as any hurt or injury that interferes with the health or comfort of the complainant and is more than merely transient or trifling in nature. Bruising, cuts, sprains, concussions, broken bones, and significant psychological injury can all qualify. The threshold is lower than for aggravated assault, which requires wounding, maiming, disfiguring, or endangering life.
Causation
The Crown must prove that the assault caused the bodily harm. The test is whether the assault was a significant contributing cause of the injury. Where intervening factors break the causal chain, the offence may reduce to simple assault. Where the harm flows naturally from the assault, causation is normally straightforward.
Mens rea
Assault causing bodily harm is a general-intent offence. The Crown must prove the intent to apply force without consent, and that bodily harm was objectively foreseeable in the circumstances. The Crown does not need to prove that the accused specifically intended bodily harm — only that bodily harm was a reasonably foreseeable consequence of the assault.
Defences and sentencing
Self-defence under section 34, defence of another, accident, consent (in limited contexts), and identification challenges are the standard avenues. Sentences vary based on the degree of injury, weapon use, relationship to the complainant, and the accused's record. First-offender, low-injury cases sometimes resolve with discharges or conditional sentences; serious or repeat matters can attract federal time.
Related glossary terms
