Kinesiology 4473A/B Lecture Notes - Lecture 9: Assault Causing Bodily Harm, Dino Ciccarelli, Brian Glennie
13 Jan 2020
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Barrie cobby uses racial slurs to taunt paul smithers, one of the few black players in the. The crowd is also hurling slurs at smithers. Paul smithers and barrie cobby get in a fight on the ice. Cobby vomits, chokes on vomit and dies. Unclear if smithers caused the vomiting or if cobby vomited out of anxiety/fear. At trial, judge bb shapiro told the jury that they could fine smithers of common assault or manslaughter or not guilty. Despite medical testimony suggesting there was doubt as to the cause of the vomiting, the all- white jury found smithers guilty (1 openly racist jury member) Smithers appeals: ontario court of appeal -evans, martin and houlden presiding, uphold the conviction but one judge disagrees, felt the trial jury should have been reminded about reasonable doubt before deliberating a. Toronto maple leaf brian glennie lands a clean hit on bryan hextall of red wings.
