Ontario criminal | Assault
AGGRAVATED ASSAULT
Scientific proof of causation not required
Accused appealed her conviction of aggravated assault and assault with weapon for which she received global sentence of two years less one day. Accused had assaulted her spouse which caused damage to his spleen and medical expert testified that damage would have normally been done by single crushing blow. Complainant testified that accused had repeatedly punched him and accused argued causation was not proven. Appeal dismissed. Scientific proof of causation was not required and common sense inferences from facts could suffice to establish causal link between assault and injury. Court noted that sentence would have been consistent with sentence for assault causing bodily harm in any event.
R. v. Ashkani (May. 29, 2013, Ont. C.A., David Watt J.A., M. Tulloch J.A., and P. Lauwers J.A., File No. CA C56567) 107 W.C.B. (2d) 231.
Scientific proof of causation not required
Accused appealed her conviction of aggravated assault and assault with weapon for which she received global sentence of two years less one day. Accused had assaulted her spouse which caused damage to his spleen and medical expert testified that damage would have normally been done by single crushing blow. Complainant testified that accused had repeatedly punched him and accused argued causation was not proven. Appeal dismissed. Scientific proof of causation was not required and common sense inferences from facts could suffice to establish causal link between assault and injury. Court noted that sentence would have been consistent with sentence for assault causing bodily harm in any event.
R. v. Ashkani (May. 29, 2013, Ont. C.A., David Watt J.A., M. Tulloch J.A., and P. Lauwers J.A., File No. CA C56567) 107 W.C.B. (2d) 231.
