Assault causing bodily harm

267. Assault with a weapon or causing bodily harm – Every one who, in committing an assault,

(a) carries, uses or threatens to use a weapon or an imitation thereof, or
(b) causes bodily harm to the complainant,

Is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.

“weapon” means any thing used, designed to be used or intended for use

(a)in causing death or injury to any person, or
(b)for the purpose of threatening or intimidating any person

“bodily harm” means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature


1) R. v. W.

Client charged with assault with a weapon, using a handgun while committing the indictable offence of assault, and possession of a handgun for the purpose of committing an offence. After securing the report of a private polygraph expert, and following extensive negotiations with both police and Crown counsel, Kelowna criminal lawyer Wade Jenson hadALL CHARGES DISMISSED.

2) R. v. B.

Criminal defence lawyer Wade Jenson was hired by a Calgary man charged with assault causing bodily harm.  The man had been observed by a police officer to have head-butted another man who was immediately rendered unconscious and fell to the ground.  Despite the complainant’s injuries which included multiple broken teeth, Wade Jenson successfully argued his client was   acting in self-defence.  NOT GUILTY

3) R. v. S.

Client charged with one count of assault causing bodily harm and four counts of assault following a brawl outside of a downtown Kelowna nightclub.  Following extensive negotiations with Crown counsel, all charges dismissed following a plea to a single count of simple assault.  Criminal lawyer Wade Jenson then successfully convinced the trial judge to grant his client an ABSOLUTE DISCHARGE. No fine, no probation, no record.