Supreme court | Assault
AGGRAVATED ASSAULT
Aggravated assault made out in circumcision of son with no skill or training
Accused attempting to circumcise four-year-old son. Accused having no skill or training in field, but conducting rudimentary research before performing procedure. Child needing emergency surgery at hospital, experiencing pain, temporary disfigurement, as result of accused’s actions. Accused seeking circumcision of son as part of his own religious beliefs. Trial judge convicting accused of criminal negligence causing bodily harm, acquitting of aggravated assault and assault with weapon. Trial judge holding type of wounding required for aggravated assault conviction not made out, as child not maimed, disfigured after timely medical intervention. Crown’s appeal from acquittal for aggravated assault allowed by Court of Appeal and conviction entered. Accused’s appeal dismissed. Elements of aggravated assault were established.
R. v. W. (D.J.) (Nov. 16, 2012, S.C.C., LeBel, Fish, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ., File No. 34623) Decision at 282 C.C.C. (3d) 352, 100 W.C.B. (2d) 154 was affirmed. 104 W.C.B. (2d) 623.
Aggravated assault made out in circumcision of son with no skill or training
Accused attempting to circumcise four-year-old son. Accused having no skill or training in field, but conducting rudimentary research before performing procedure. Child needing emergency surgery at hospital, experiencing pain, temporary disfigurement, as result of accused’s actions. Accused seeking circumcision of son as part of his own religious beliefs. Trial judge convicting accused of criminal negligence causing bodily harm, acquitting of aggravated assault and assault with weapon. Trial judge holding type of wounding required for aggravated assault conviction not made out, as child not maimed, disfigured after timely medical intervention. Crown’s appeal from acquittal for aggravated assault allowed by Court of Appeal and conviction entered. Accused’s appeal dismissed. Elements of aggravated assault were established.
R. v. W. (D.J.) (Nov. 16, 2012, S.C.C., LeBel, Fish, Rothstein, Cromwell, Moldaver, Karakatsanis and Wagner JJ., File No. 34623) Decision at 282 C.C.C. (3d) 352, 100 W.C.B. (2d) 154 was affirmed. 104 W.C.B. (2d) 623.
