A person who strikes, touches, or moves, or otherwise applies force of any kind to another, either directly or indirectly, without proper consent or who by any bodily act or gesture attempts or threatens to apply force of any kind without proper consent under such circumstances that the person making the threat or attempt has actually or apparently a present ability to affect his purpose is said to assault that person (section 222 of the Criminal Code).
A person commits an aggravated assault if the offender was in a family or domestic relationship with the victim, if a child was present, if the victim was over 60 years or if the assault involved a breach of a restraining order (section 221 of the Criminal Code).
Any person who assaults another is guilty of a simple offence and is liable to imprisonment for 18 months and a fine of $18,000, except in circumstances of aggravation where the person is liable for up to 3 years imprisonment and a fine of $36,000 (section 313 of the Criminal Code).
Assaults Occasioning Bodily Harm
Any person who unlawfully assaults another and thereby does that person bodily harm is guilty of a crime and is liable to imprisonment for 2 years and a fine of $24,000 if the matter is dealt with summarily or otherwise up to 5 years imprisonment, except in circumstances of aggravation. Bodily harm is an injury which interferes with health and comfort (section 317 of the Criminal Code).
A person who assaults a public officer who is performing a function of his office or employment or on account of being such an officer or his performance of another function is guilty of a crime and is liable to 10 years imprisonment if the person was armed with a weapon or in the company of another person, otherwise the person is liable for up to 7 years imprisonment. If the matter is dealt with summarily, the person is liable to up to 3 years imprisonment and a fine of $36,000. A person convicted of a serious assault will be sentenced to a minimum of 6 months imprisonment unless the offence was committed in aggravated circumstances, in which case, the person will be sentenced to a minimum of 9 months imprisonment (section 318 of the Criminal Code).
If a person unlawfully kills another person under such circumstances as not to constitute murder, the person is guilty of manslaughter and is liable to imprisonment for 20 years (section 280 of the Criminal Code).
If a person unlawfully kills another person and the person intended to cause death, or a bodily injury likely to endanger life, or if the death occurred in the prosecution of an unlawful purpose which by its nature is likely to endanger life, then that person is guilty of murder and is liable to life imprisonment unless that sentence would be unjust or the person is unlikely to be a danger to the community when released (section 279 of the Criminal Code).