LAWS 2302 Chapter Notes - Chapter 7.1.5: Criminal Negligence, Assault Causing Bodily Harm
25 Mar 2016
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Consent: is an actual offence in which individuals can mutually consent to an act (example: two individuals can consent to a fight). The law is not there to promote consent to an offence, it is only available in the most unique circumstances. You cannot consent to death: v. maki: The accused and the victim were professional hockey players and a charge of assault causing bodily harm was laid as a result of a fight which took place during a game. There was evidence that the altercation was precipitated by the victim striking the accused in the face and high-sticking him; the accused retaliated by striking the victim"s head with his stick causing a serious injury. The accused relied upon self defence and consent. Held, the accused should be acquitted: v. jobidon: The accused was tried by judge alone on a charge of manslaughter. The trial judge found that the accused and the victim had first fought in a bar.
