Andrew Captan is a Toronto Criminal Lawyer with extensive experience in defending persons charged with the criminal offence of Assault Causing Bodily Harm.
Assault Causing Bodily Harm is essentially the offence of Assault, combined with an injury to the complainant that is not trifling or transitory. This offence is treated more seriously than a simple or common Assault, given that there is an allegation that the complainant suffered an injury.
The Crown Attorney, in proving this offence, must establish beyond a reasonable doubt that:
1) There was an Assault;
2) There was “bodily harm”, as defined in the Criminal Code of Canada;
3) The bodily harm was caused by the accused; and
4) The bodily harm was objectively foreseeable by the accused.