Definition Of Bodily Harm In Canada

Bodily harm is a legal term of art used in the definition of both statutory and common law offences in australia canada england and wales and other common law jurisdictions.

Definition of bodily harm in canada. The expression grievous bodily harm first appeared in a statute in. It is a synonym for injury or bodily injury and similar expressions though it may be used with a precise and limited meaning in any given jurisdiction. An injury must be both. Explanationthe term bodily harm is defined at section 2 of the criminal code.

As stated in the definition the harm must be more than merely transient or trifling in nature. The court of appeal further explained the standard of bodily harm by marking its upper boundary by referring to the supreme court of canada s interpretation of serious bodily harm in r v mccraw 1991 3 scr 72. Once bodily harm was found the wording of s. The expression grievous bodily harm first appeared in a statute in.

This definition is similar if it is not word for word to the english common law definition of actual bodily harm stated. In this act 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. Bodily harm is defined in section 2 of the criminal code as 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. In canada assault causing bodily harm can be charged as an indictable offence or an offence punishable on summary conviction.

Once bodily harm was found the wording of s. Bodily harm could include psychological injury to the victim. It is a synonym for injury or bodily injury and similar expressions though it may be used with a precise and limited meaning in any given jurisdiction. 2 only requires interference of health or comfort of the person.

The type of charge will determine the possible punishment. 2 only requires interference of health or comfort of the. I would interpret serious bodily harm as being any hurt or injury that interferes in a grave or substantial.