Severe injuries to face and mouth during a hockey game. Criminal charges brought against the defendant, who was acquitted at trial.
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
It cannot be assumed that players implicitly consent to a specific type of assault simply because it occurs with some frequency in the sport.