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(R.S.C., 1985, c. C-46) Section 268 - Canadian Criminal Code Aggravated Assault

My Name is Paul, I am a law abiding senior citizen. I live by the RULES every day, It seems no-one in authority does anymore.
(R.S.C., 1985, c. C-46) Section 268 - Canadian Criminal Code Aggravated Assault 268. (1) Every one commits an

aggravated assault

who wounds, maims, disfigures or endangers the life

of the complainant.
Excision(3) For greater certainty, in this section, “wounds” or “maims” includes to excise, infibulate or mutilate, in whole or in part, the labia majora, labia minora or clitoris of a person, except where (a) a surgical procedure is performed, by a person duly qualified by provincial law to practise medicine, for the benefit of the physical health of the person or for the purpose of that person having normal reproductive functions or normal sexual appearance or function; or (b) the person is at least eighteen years of age and there is no resulting bodily harm. Consent (4) For the purposes of this section and section 265, no consent to the excision, infibulation or mutilation, in whole or in part, of the labia majora, labia minora or clitoris of a person is valid, except in the cases described in paragraphs (3)(a) and (b). Proof of Offence In addition to the essential elements of time, location, and identity, the prosecution should also prove:
1. that an assault occurred (e.g.

intentional application of force with no consent

)
2. the injuries sustained
3. the injuries amounted to the victim being
1.

wounded

,
2.

maimed

,
3.

disfigured

, or
4. had

life endangered


4. that there was no provocation
Interpretation "Wound" refers to any break in the skin. [1] "Maiming" refers to "a hurt to the body that causes a person to be less able to fight".
[2] This includes breaking of bones.
"Disfigure" refers to injuries that amount to "more than a temporary marring of the figure or appearance". Endangering life The "endangerment" of life refers to the consequence of the injuries received (a product of wounds, maiming or disfigurement) and not simply the risk created by accused assaultive behaviour. No injuries are not necessary.[1] 1. R. v. De Freitas 1999 CanLII 14071 (MB CA) at 11 and 12
 
Canadian Case Law Canadian Aggravated Assault: 1. R. v. Littletent, 1985 ABCA 22 (CanLII), AJ No. 256 R. v. Littletent - The accused was charged with aggravated assault for attacking a corrections officer while incarcerated. The defence argued that the perforation of the complainants eardrum was not proven beyond a reasonable doubt to be a result of the assault, and therefore it should be a common assault, as the threshold for wounding (the breaking of skin) was not met. The courts decided that there would be no other reasonable cause for the perforated eardrum other than as a result of the assault, and as such the accused was convicted of aggravated assault.

Official Government of Canada website Canadian Criminal Code Aggravated Assault (R.S.C., 1985, c. C-46) Section 268 - Canadian Criminal Code Aggravated Assault.
Official Government Website Canadian Criminal Code Aggravated Assault - Criminal Code (R.S.C., 1985, c. C-46) Section 268 Canadian Criminal Code Aggravated Assault Click Here:

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