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R v Cey (1989), 48 CCC (3d) 480 (Sask CA)

Facts:

Severe injuries to face and mouth during a hockey game. Criminal charges brought against the defendant, who was acquitted at trial.

Ratio:

Implied consent is a matter of degree that is subject to objective criteria:
** Nature of the game;
** Nature of the acts;
** Surrounding circumstances;
** Degree of force;
** Degree of risk of injury;
** State of mind of the accused

Analysis:

It cannot be assumed that players implicitly consent to a specific type of assault simply because it occurs with some frequency in the sport.


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