Is it a Crime to Spit on Someone in Canada?

In Canada, spitting on someone is considered a criminal offence. This act is defined as an Assault under Sections 265 and 266 of the Canadian Criminal Code. If an individual is arrested for this form of assault, they would be charged under Section 266 of the Criminal Code. Upon conviction, the sentence could be up to five years in prison if the Crown chooses to proceed by indictment.

If you're facing charges related to assault, including spitting on someone, it's crucial to seek legal advice from an experienced assault lawyer who can provide expert guidance and representation to protect your rights and navigate the legal complexities effectively.

Is Spitting on Someone Considered Assault?

While spitting may seem less serious than hitting someone, both actions are viewed as intentional application of force against another person by the Canadian Criminal Code, meeting the criteria for an assault charge.

Every individual who commits an assault is held accountable under the law. According to section 265 of the Canadian Criminal Code, they can be found guilty of two types of offences. The first one is an indictable offence, which carries a potential sentence of up to five years in prison. The second type of offence is punishable on summary conviction. 

Legal Consequences

Section 265 of The Canadian Criminal Code stipulates that an assault occurs when a person applies force intentionally to another person without their consent, either directly or indirectly. An assault also occurs when someone attempts or threatens to apply force to another person, causing them to believe that the assailant has the ability to carry out this threat. Furthermore, openly carrying a weapon or imitation thereof while accosting or impeding another person, or begging is also considered assault.

This section covers all forms of assault including sexual assault, sexual assault with a weapon, threats to a third party, causing bodily harm, and aggravated sexual assault. For this section, no consent is obtained if the complainant submits or does not resist due to the application of force, threats or fear of force, fraud, or exercise of authority.

In cases where the accused alleges that the complainant consented to the conduct being charged, a judge will instruct the jury to consider the presence or absence of reasonable grounds for this belief when reviewing all the evidence. This only happens if the judge is satisfied that there's sufficient evidence and that such evidence would constitute a defence if believed by the jury.

Past instances where charges of assault were filed after someone was spat on have included domestic violence situations and incidents involving police officers. If spitting was the only application of force during the incident leading to the assault charge, it could be deemed a mitigating factor prompting the defense to argue for leniency for the accused. Lastly, those charged with an assault have potentially viable defences available. They are advised to contact Toronto Criminal Defence Lawyers for further advice.