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Under section 268 of the Criminal Code, aggravated assault occurs when someone wounds, maims, disfigures or endangers the life of another person.
They key elements of aggravated assault are:
Assault: Aggravated assault starts with an intentional application of force to another person, as described in Section 265 of the Criminal Code.
Serious Bodily Harm: The assault must result in serious bodily harm to the victim. Serious bodily harm typically involves injuries that are substantial, life-threatening, or result in significant disfigurement.
Intent: The accused person must have the intent to wound, maim, disfigure, or endanger the life of the complainant. This intent distinguishes aggravated assault from other forms of assault.
Aggravated assault is a more serious offence than simple assault and therefore carries more severe penalties. Penalties may include substantial fines, probation, restraining orders, or lengthy imprisonment, depending on the specific circumstances of the case.