LLB106 Lecture Notes - Lecture 4: Misdemeanor, Indictable Offence, Lesser Included Offense
Document Summary
Part 1: assault/offences endangering life or health (1) offences of which assault is an element (ch. 30 cc): common assault assaults occasioning bodily harm serious assaults (2) offences endangering life or health (ch. Common assault: s 335 misdemeanour 3 years. Assaults occasioning bodily harm: s 339 crime 7 years. Serious assaults: s 340 crime 7 years. Assault is an element of s 339 and 340. * assault is an element of all of these : common assault is an alternative verdict on charges of s 339 and 340: s 575 cc. If there is in fact a failure to prove additional elements e. g. cannot prove bodily harm under s339: assaults occasioning bodily harm. Definition: s 245 cc - assault unlawful: s 246 cc (provides assault as defined in 245 as unlawful) Only the definition, not an offence provision; need 246 and 335. In summary, we should ask: is there an actual application of force? (limb 1)
