What is the test for a charge of assault under section 5.4 of the Ontario Penal Code (b)(1) of the Criminal Code of Ontario?

California, United States of America

The following excerpt is from People v. Perez, G046032 (Cal. App. 2013):

^4. "(b)(1) Any person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years."

All further references to "subdivision (a)" or "subdivision (b)(1)" are to section 288 of the Penal Code.

^5. There is one arguable outlier, the pre-Miller case of People v. Blackwell (2011) 202

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