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Criminal - Aggravated Assault

. R. v. Gauthier

In R. v. Gauthier (Ont CA, 2024) the Ontario Court of Appeal considers the definition of 'wounding', here relevant to an aggravated assault charge [CCC s.268]:
[14] Lastly, the appellant argues that the injuries to Mr. Erickson should have been found to be bodily harm and not wounding.

[15] We disagree. Quite apart from counsel’s concession below, there is no question that the injuries to Mr. Erickson constituted wounding. “To wound” means “to injure someone in a way that breaks or cuts or pierces or tears the skin or some part of the person’s body. It must be more than something trifling, fleeting or minor, such as a scratch”: R. v. Brown, 2021 ONCA 687, at paras. 23-26. A broken bone and a laceration requiring 18 stitches clearly meet this definition.

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Last modified: 18-05-24
By: admin