Our client, Hulk Gulliver, is an imposing man. He is extremely tall, weighs 120 kilograms, has a braided beard, several tattoos featuring skulls and crossbones (and one with a heart saying MOM), dresses in biker clothing, and wears a small knife dangling from one ear as an earring. Two days ago, the client attended a business meeting downtown. He parked his Harley at a meter and inserted money. The meeting took longer than he expected, and he excused himself to put more money in the meter. When he reached his motorcycle, he found that he only had a toonie, and the meter would only take loonies and quarters. He noticed a meter officer issuing tickets just down the street. Wanting to avoid a parking ticket, he then spoke to a woman who was passing by with a child in a stroller. He said, "Excuse me, madam, do you have any change?" The woman screamed "Please don't hurt my baby," and ran. Hulk then spoke to a man who was passing by. He said, "Excuse me, sir, but would you by any chance have change for a toonie? My meter is about to expire." The man said that he did not have change for a toonie, but that he had two quarters and our client could have them. Our client accepted the quarters with thanks and was about to put them into the parking meter when a police officer approached him. The officer asked to see Hulk's identification and wrote down his name and address. Hulk has come into our office to see about getting his Will and his Power of Attorney for Property updated, but he has mentioned this incident because of his concern about being charged with a crime.

Please Apply the relevant Law to this fact scenario

I have located a section of the Criminal Code, whichprovides as follows:

s. 265(1) Any person commits an assault when ...

(a) without the consent of another person he applies force intentionally to that other person directly or indirectly.

(b) he attempts or threatens, by an act or gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose.

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.

s. 265(3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

(a) the application of force to the complainant or to a person other than the complainant;

(b) threats or fear of the application of force to the complainant or to a person other than the complainant;

(c) fraud; or

(d) the exercise of authority.

Statute Analysis and Application

Could Hulk be charged with assault under s. 265(1) and/or s. 265(3) of the Criminal Code? Why or why not? Be specific, please!