Can Everyday Objects Be Considered Weapons in Court?

In Canadian law, “weapon” has a broad definition. The definition relies on what something was used for or what the intent was behind using something (as a weapon). In other words, if an aggressor threatens to use something to cause injury or harm or did use something to cause injury or harm or threatened to use something to cause injury or harm or the victim reasonably believed that something was going to be used against him or her to cause injury or harm, then it may be defined as a weapon.

To summarize, courts will look at how the object was used, how the object was intended to be used, what the context of the situation was and whether some kind of injury was inflicted and how bad that injury was.

So, what people generally consider as weapons like guns or knives, may very well be a weapon in an assault with a weapon case. However, in addition to those commonly accepted weapons, a toaster or thermos or coffee table book could be construed as a weapon if you hit someone with it or threatened to do so. A pillow could be a weapon if you tried to suffocate someone with it. Pretty much anything could be viewed as a weapon if you threatened to kill someone with it.

The reason why this is important is because assault with a weapon is a much more serious charge than just assault. There are significantly higher penalties for assault with a weapon. And even if you did not hurt anyone with the long strip of chain in your pocket, if you intended to do so, and this is well documented, you may be well on your way to an assault with a weapon charge.

If you have been charged with a criminal offence, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law. 

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.