Can common assault be an included offence in an assault with a weapon?
Saskatchewan, Canada
The following excerpt is from R. v. Blahey, 2000 CanLII 19613 (SK PC):
Therefore, in light of the wording of the alternative offences as contained in s.267, and considering the principles contained in R v. Nurse (supra), one must assume that prima facie, common assault can also be an included offence in a charge of assault with a weapon.
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