Assault, Section 265(1)

 

Defence of Consent

In order for the defence of consent to apply, the force applied to the complainant must not be excessive: R v BW, 2016 ONCA 96 at para 18. 

 

The trial judge must relate the evidence to the law of consent in a way that brings home to the jury the relationship between the law and the evidence by discussing, in concrete terms, potential scenarios available on the evidence: R v McDonald, 2015 ONCA 791

Defence of exercise of authority

See R v  Geddes, 2015 ONCA 292

 

Aggravated Assault, Section 268

 

Pathways to Conviction

The assault provisions under section 265(1)(a) and (b) constitute two pathways by which the trier of fact may find the accused guilty of aggravated assault under section 268(1) – and all members of the jury do not have to agree on the pathway chosen: R v Budhoo, 2015 ONCA 912 at paras 26-31