Offences of Assault 2017-10-25T18:12:49+00:00

Offences of Assault

A person is accused of assault when the person is alleged to have applied force intentionally to another person without the other persons consent. There are a variety of use of force assaults, including assault, assault causing bodily harm, assault with a weapon, and aggravated assault. Assault without causing bodily harm is generally known in common language as “simple assault”. There are other types of assault accusations including domestic, and sexual but those are covered in other areas within the areas of practice.

This is a traditional type of offence where one expects an accuser and a defendant. There are, of course, factual issues and definitely issues of credibility. All of these issues should be considered when applying the law.

The law puts the burden on the prosecutor, and it never shifts. That burden is beyond all reasonable doubt. Therefore if an accused is in a position to testify the court will be left in a reasonable doubt, unless the accused is disbelieved. However, even if the accused is disbelieved the Court may still be left in a reasonable doubt on the evidence of the accused that they do believe. Finally, even if the accused is entirely disbelieved, and the Court accepts none of the accused persons evidence the Court may still be left in a reasonable doubt on the evidence they do accept.

There are always issues which are factually specific, and Mr. Royer has successfully defended people in assault cases on issues of identification in assault cases, but, generally, consent, self-defence, credibility, and preparation are extremely important issues to consider in dealing with any criminal assault case. Preparation of witnesses to testify is a recognized area of significant importance to Mr. Royer.