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R v McSorley, 2000 BCPC 116

Facts:

M hits B across the head with his hockey stick in an NHL game. Crown charged M with assault with a weapon.

Issue(s):

Did M’s actions fall within normal conduct of game so that a person can consent to it?

Ratio:

Hitting someone across the head with a stick during a hockey game vitiates the implied consent undertaken when participating in a sport.

Analysis:

No, M's actions did not fall within normal conduct of the game.


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