Introduction
Section 267 of the Canadian Criminal Code addresses assault with a weapon, assault causing bodily harm, and assault with threats to cause bodily harm. This provision encompasses a wide range of conduct, which may include acts of choking.
Provisions Under Section 267
Section 267 of the Canadian Criminal Code criminalizes the following actions:
- 267(a): Assault with a Weapon: Anyone who commits an assault while carrying, using, or threatening to use a weapon or an imitation thereof.
- 267(b) Assault Causing Bodily Harm: Anyone who commits an assault that causes bodily harm to the complainant.
- 267(c) Choking or Strangulation: Anyone who commits an choking or strangulation to the complainant.
Under s.267(c) of the Criminal Code, choking is also an offence under this section.
Penalties and Sentencing
Assault with a weapon or causing bodily harm or choking is treated as a serious offense under Canadian law. The punishment depends on how the offense is prosecuted (as an indictable offense or a summary conviction offense), but it may include:
- For an indictable offense: Imprisonment for a term not exceeding ten years.
- For a summary conviction: Imprisonment for a term not exceeding eighteen months.
Defenses to Assault Under Section 267
Defenses to charges under Section 267 can include:
- Self-defense: The accused might argue they acted in self-defense, following the provisions in Sections 34-37 of the Criminal Code.
- Consent: Depending on the circumstances, the accused might argue that the complainant consented to the act if the bodily harm is not caused intentionally.
- Lack of Intent: Proving that the act was accidental and without criminal intent.
Conclusion
Section 267 of the Canadian Criminal Code provides a broad framework for prosecuting acts of assault that involve weapons or result in bodily harm or choking.
Given the complexity and specific nature of legal matters, it is always advisable to consult the actual text of the Canadian Criminal Code or engage the services of a legal professional when dealing with issues related to criminal law in Canada.
Jake Shen can be always reached at 657-390-1131 or jake.shen@11d.ca