The difference between assault causing bodily harm and aggravated assault lies primarily in the severity of the injuries inflicted on the victim and the intent behind the assault.

Assault Causing Bodily Harm

• Definition: Assault causing bodily harm occurs when an individual intentionally applies force to another person without their consent, and as a result, the victim suffers bodily harm.

• Bodily Harm: The term "bodily harm" refers to any injury that is more than trivial or minor. It includes injuries that interfere with the victim’s health or comfort but are not life-threatening or permanently disfiguring. Examples might include bruises, cuts, or a broken bone.

• Penalty: Assault causing bodily harm is a more serious offence than simple assault, and if convicted, the offender can face up to 10 years in prison if prosecuted by indictment, or up to 18 months if prosecuted summarily.

Aggravated Assault

• Definition: Aggravated assault is the most severe form of assault under Canadian law. It occurs when the assault results in the victim being wounded, maimed, disfigured, or having their life endangered.

• Severity of Injury: The injuries in an aggravated assault case are much more serious than those in an assault causing bodily harm. The harm inflicted must either pose a significant risk to the victim’s life or cause permanent damage, such as severe disfigurement or the loss of a limb.

• Intent: While bodily harm may occur in assault causing bodily harm, aggravated assault typically involves a higher degree of violence or intent to cause severe injury.

• Penalty: Due to the seriousness of the injuries involved, aggravated assault carries a maximum penalty of 14 years in prison if convicted.

Key Differences:

• Injury Severity: Assault causing bodily harm involves injuries that are not life-threatening, while aggravated assault involves severe, life-threatening injuries or permanent disfigurement.

• Legal Consequences: Aggravated assault carries a harsher penalty due to the gravity of the injuries involved.

• Intent and Circumstances: Aggravated assault often involves a greater degree of violence or intent to cause serious harm compared to assault causing bodily harm.

These distinctions are important as they influence both the charges laid and the potential penalties upon conviction.