"Assault with a weapon"
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A dispute between neighbours in Simcoe has resulted in one person facing an assault with a weapon charge.
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Norfolk OPP responded to a reported dispute on Woodway Trail at about 6 p.m. Sunday.Two people were involved in the disagreement and one person was physically assaulted, said police. There were no injuries reported.
A 58-year-old woman was arrested and charged with assault with a weapon. She is scheduled to appear in court in Simcoe later this month.
The weapon was a water pistol.
The definition of weapon in the Ontario Criminal Code
"weapon" means any thing used, designed to be used or intended for use
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person"Now look here, you Baltic gas passer... " - Mik, 6/14/08
The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.
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A dispute between neighbours in Simcoe has resulted in one person facing an assault with a weapon charge.
Article content
Norfolk OPP responded to a reported dispute on Woodway Trail at about 6 p.m. Sunday.Two people were involved in the disagreement and one person was physically assaulted, said police. There were no injuries reported.
A 58-year-old woman was arrested and charged with assault with a weapon. She is scheduled to appear in court in Simcoe later this month.
The weapon was a water pistol.
The definition of weapon in the Ontario Criminal Code
"weapon" means any thing used, designed to be used or intended for use
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any personThe definition of weapon in the Ontario Criminal Code
Point of order:
“The Constitution Act assigns exclusive jurisdiction over criminal matters to the federal government. There is no option to “allow” provinces to adopt their own criminal code. Provinces, however, can set out offences in legislation - and some of those can still land you in jail.”
Therefore, it is by Ontario provincial statute that defines….blah, blah blah.
Elbows up!
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@Mik said in "Assault with a weapon":
I always thought Canadians were sensible folk.
You're disappointed that the police didn't shoot her?
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@Mik said in "Assault with a weapon":
I always thought Canadians were sensible folk.
You're disappointed that the police didn't shoot her?
@Doctor-Phibes umm...not exactly, no.
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The definition of weapon in the Ontario Criminal Code
Point of order:
“The Constitution Act assigns exclusive jurisdiction over criminal matters to the federal government. There is no option to “allow” provinces to adopt their own criminal code. Provinces, however, can set out offences in legislation - and some of those can still land you in jail.”
Therefore, it is by Ontario provincial statute that defines….blah, blah blah.
@Renauda said in "Assault with a weapon":
Point of order:
“The Constitution Act assigns exclusive jurisdiction over criminal matters to the federal government. There is no option to “allow” provinces to adopt their own criminal code. Provinces, however, can set out offences in legislation - and some of those can still land you in jail.”
Fair enough. Here's the Criminal Code of Canada:
270.1(2) For the purpose of subsection (1), "weapon" means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person.
Section 270.1(2) of the Criminal Code of Canada is an important legal provision that defines the term "weapon" for the purpose of subsection (1). This subsection makes it a criminal offense to carry, possess, or use any weapon for a purpose that is dangerous to the public peace. A weapon is defined under this provision as anything that is designed to cause injury or death to a person, or to temporarily incapacitate them. This definition covers a broad range of objects, including guns, knives, and other sharp objects, as well as blunt objects such as clubs and batons. It also includes chemical substances that can be used to incapacitate a person, such as pepper spray or tear gas. The purpose of this definition is to provide clarity for law enforcement officials and the general public about what constitutes a weapon under Canadian law. It also helps to ensure that individuals who carry or use weapons for dangerous purposes are held accountable for their actions. It is important to note that this provision does not prohibit the possession or use of weapons in all circumstances. Legitimate uses of weapons, such as for hunting or self-defense, are generally allowed. However, the use of weapons for criminal purposes, such as robbery or assault, is strictly prohibited. In conclusion, Section 270.1(2) of the Criminal Code of Canada plays an important role in defining what constitutes a weapon under Canadian law. By providing clarity and guidance on this issue, it helps to ensure that individuals who carry or use weapons for dangerous purposes are held accountable for their actions.
Which other than being a federal rather than provincial explanation is the same.
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Which other than being a federal rather than provincial explanation is the same
Not exactly. Although I am almost 100% certain that she would have been charged under the Federal Criminal Code rather than legislated Provincial statute. It will become clear when she appears in Court and the charges are read. Provincial statutes normally although not always, only cover regulatory violations such as traffic excepting Dangerous Driving and Impaired Driving (both defined and prosecuted under the Federal Criminal Code), improper storage and disposal of industrial and hazardous waste materials or workplace health and safety issues. If willful negligence is determined as the cause of the regulatory violation jail time for those responsible could be the result.
Perhaps the woman deserves the charges levied. May not have been the first time her bad behaviour warranted police intervention to settle a dispute with her neighbours. She had probably been duly warned; perhaps more than once.
