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Facts[]

Deakin was at a party with his wife at Mr. and Mrs. Pelletier's house. Due to his obnoxious behaviour he was forced to leave but returned after a few minutes and tried to punch Mr. Pelletier. He missed, and struck some glass ornaments that shattered and injured Mrs. Pelletier's eye. He was charged with assault causing bodily harm under s.245(2) (now s.267(b)) of the Code. Deakin was acquitted at trial and the Crown appealed.

Issue[]

  1. If you intend to assault an individual but unintentionally assault another, does the intent transfer making the second occurrence an assault?

Decision[]

Appeal allowed.

Reasons[]

It is found as a fact that the defendant intended to assault the woman's husband, but that he had no intention of assaulting Mrs. Pelletier. The court decides that s.267 is not limited to the intended victim but to any victim. As long as the defendant intended to assault someone, and someone was assaulted by his actions, then he violates s.267. In application of this to the case at bar, intention is transferred to Mrs. Pelletier. All that the Crown needs to prove is general intent to cause harm.

Ratio[]

  • Intent is transferrable in assault; as long as you intend to assault someone, and someone is assaulted as a result of your actions, you violate s.267 and are guilty of assault.
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