|
An
assault occurs when someone applies force directly or indirectly
to another person without that person’s consent. This means that
even a push or a shove can be an assault under the Criminal Code.
In some circumstances, an assault can occur even when there is no
physical contact. If Pat does something that makes Chris think that
Pat was going to hit Chris, then Pat has committed an assault whether
Pat actually hit Chris or not.
The following are some typical defences to assault:
It was not actually Pat who hit Chris, (it was someone else); Pat
never hit Chris;
Pat and Chris were having a consensual fight; and
Pat hit Chris in self-defence.
While the above seems simple enough, the law surrounding this area
is much more complicated then one may first imagine. For example,
even if Pat and Chris were having a consensual fight, but Chris
received some serious injuries, then Pat is guilty of assault even
though Chris agreed to fight Pat. The self-defence provisions under
the Criminal Code are also complicated and in order to benefit from
the defence, one needs to carefully establish the underlying facts.
|
