Spitting on someone is a hostile and disrespectful act that can escalate tensions and result in anger, violence, injury, or even death. For example, in 2016, a 41-year-old man who spat on police officers was placed in a mesh spit hood to prevent him from repeating the incident. He died of suffocation in a jail cell, and two special constables were later convicted of criminal negligence leading to death.
In short, spitting can be more serious than it appears and may lead to tragic consequences. But is spitting itself considered a prosecutable offence? And, if so, what are the potential penalties for spitting on someone?
What Does the Criminal Code of Canada Say about Spitting on Someone?
The Criminal Code does not specifically reference spitting. However, Section 265(1)(a) states that a person commits assault when “without the consent of another person, he applies force intentionally to that other person, directly or indirectly.” Since spitting involves applying force, if there is no consent (and who would consent to be spat on?), spitting on someone can, in fact, be a crime — the crime of assault — in Canada.
What are the Implications of Spitting on Someone?
Spitting at someone or on someone is, of course, considered inappropriate social behaviour. Unfortunately, spitting on people for many reasons — often an angry reaction to some real or perceived insult or threat, or to being physically restrained — still occurs.
Police officers apparently are spat on with some frequency while they are detaining or arresting people or escorting those in their custody. In fact, several years ago, during the COVID pandemic, reports surfaced of people with COVID using their spittle as a weapon to infect other people. In Saskatoon, for example, the use by police officers of “spit socks,” disposable head coverings, rose 57% from 2019 to 2020.
However, no evidence has emerged that a person can infect another by spitting on them, a point noted by Saskatchewan Judge Felicia Daunt. The Crown had argued that, although the risk was small, the arresting police officer who had been spat in the eye by the defendant experienced substantial anxiety that she might have been infected with HIV, herpes, or hepatitis C. She had to wait two anxious weeks for the doctor’s report that she had not been infected.
Judge Daunt’s comment about the possibility of becoming infected with a disease from spittle was cautionary. “Those who get arrested regularly know the police are terrified of getting spit on. That’s why they do it. They use that fear against the officers. A detainee can threaten a police officer, he can try to hit him, and not bother that officer one bit. So if a detainee can put the fear of death into an officer simply by spitting on him or her, he is going to do it. In other words, these spitting incidents are increasing due to fear. If we want to deter suspects from spitting on police officers, we need to educate these officers about the real risks involved, and not perpetuate their anxiety by repeating urban myths.”
What Should You Do if You Are Accused of or Arrested for Spitting on Someone in Edmonton?
Despite the perception of spitting on someone being relatively insignificant (albeit objectionable) when it comes to criminal behaviour, Canadian law still considers it to be assault. To protect your rights, you should immediately contact an experienced Edmonton-area criminal assault lawyer. Although you are unlikely to be punished as severely as you would be for other assault cases, such as assault with a weapon, you could still face substantial penalties that include everything from fines and probation to a significant period of incarceration.
What are the Possible Penalties for Assault by Spitting on Someone in Edmonton?
Spitting on someone is considered simple assault. It may be charged as either a summary offence or an indictable offence. Possible penalties for being convicted of spitting on someone, a summary offence, include the following:
- Absolute discharge — You are found guilty but have no criminal record.
- Conditional discharge — You are found guilty but have no criminal record as long as you complete a probationary period and/or court-ordered training classes.
- Up to two years plus a day in jail or up to a $5,000 fine.
Possible penalties for spitting on someone, an indictable offence:
- You must remain on extended probation.
- You must serve under house arrest.
- You may be sentenced to up to five years’ imprisonment.
Although the likelihood of serving time in jail, especially for a first offence, is remote, having a knowledgeable Edmonton assault lawyer at your side will help assure the best outcome for your case. Spitting offences often lead to escalated violence that can result in serious charges that affect your reputation, livelihood, and future. That is why a skilled defence attorney is so important.
Why You Should Choose Chadi & Ibrahim LLP
For more than 25 years, the lawyers at Chadi & Ibrahim LLP have defended clients charged with virtually every type of assault offence. We understand the varying degrees of seriousness among the various assault charges and how local Edmonton and Alberta police, prosecutors, and judges typically treat each charge. We will work with you to present a compelling defence and protect your rights. If you have been accused of assault after spitting on someone, please contact us online right away or call us at 780 429 2300 to book a consultation.
