Saskatchewan Court of Appeal – The defendant was accused of assault committed during the course of a game of ice hockey.
Held: (Majority) The game was very physical, but even so: ‘some forms of bodily contact carry with them such a high risk of injury and such a distinct probability of serious harm as to be beyond what, in fact, the players commonly consent to, or what, in law, they are capable of consenting to.’ (Gerwing JA)
Objective criteria are to be used to determine whether the consent defence can applym, including:
(a) the conditions in which the game was played;
(b) the nature and circumstances of the act;
(c) how much force was used;
(d) the victim’s injury, and
(e) the state of mind of the accused.
Judges:
Gerwing JA, Cameron JA
Citations:
(1989) 48 CCC (3d) 480
Jurisdiction:
Canada
Cited by:
Cited – Regina v Barnes CACD 21-Dec-2004
The defendant appealed against a conviction for inflicting grievous bodily harm, after causing a serious leg injury in a football match when tackling another player.
Held: There was surprisingly little authority on when it was appropriate to . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 12 April 2022; Ref: scu.566847