As defined in section 265 of the criminal code a person commits an assault when;
(a) Without the consent of another person, he/she applies force intentionally to that other person, directly or indirectly;
(b) He/She attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) While openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
(3) No consent is obtained where the complainant submits or does not resist by reason of
(a) The application of force to the complainant or to a person other than the complainant;
(b) Threats or fear of the application of force to the complainant or to a person other than the complainant;
(c) Fraud; or
(d) The exercise of authority.
Crown must prove the following beyond a reasonable doubt;
- Force was applied: The complainant had a legitimate, reasonable belief that the person was trying to harm them.
- The complainant did not consent.
- The accused applied force on purpose: The assaulter intended to harm or create a state of fear in the complainant, and that the event did not occur by accident.
Finding of guilt can result in the following;
- By indictment, imprisonment for a maximum of up-to five years.