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Go Back   REVscene Automotive Forum > Automotive Chat > Police Forum

Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 09-03-2010, 09:35 AM   #1
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Definition of a consenting fight

Hello,
Recently i was in an altercation with a friend's boss. The story is, my friend and I were having a couple beer in the garage (which is also my shop), his boss showed up, and he and I got arguing about work that was promised. I called him a liar, and told him to leave. He wouldn't, so I told him if he didn't leave I was going to give him a slap in the head. He said give it your best, I told him to get up, he did, and I stood and gave him a slap. He ran out the door and disappeared. I walked to the garage door and stuck my head around to see were he had gotten. Next thing, Crack!!!, he had been hiding around the corner and let me have it accross the shin with a shovel. Busted right clean. Rods, pins, the whole works.

Is there any basis for charges here?
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Old 09-03-2010, 09:45 AM   #2
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I would assume yes
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Old 09-03-2010, 09:50 AM   #3
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@@ thats pretty brutal
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Old 09-03-2010, 10:08 AM   #4
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There is a fight and then there is bodily harm. In effect it was fight and you did consent BUT there is a line and bodily harm charges can still be filed if someone goes overboard or if significant damage is done by one person to the other during the fight.

Be careful though. Even if you say "Wanna Go?" and the other person says yes, that doesn't mean you can't be charged. In my case the guy consented to a fight, I broke his jaw in 3 places and fractured his cheekbone in places with 1 punch and knocked him out. Since he didn't fight back I was charged and found guilty of assault causing bodily harm. Had I not him as hard or had his jaw not been made of butter, it would have been an actual mutual fight and nothing would have happened.

So to clarify, him using the shovel as a weapon goes beyond any agreement to fight and is a chargeable offense.

Berz out.
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Old 09-03-2010, 10:15 AM   #5
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Originally Posted by Berzerker View Post
There is a fight and then there is bodily harm. In effect it was fight and you did consent BUT there is a line and bodily harm charges can still be filed if someone goes overboard or if significant damage is done by one person to the other during the fight.

Be careful though. Even if you say "Wanna Go?" and the other person says yes, that doesn't mean you can't be charged. In my case the guy consented to a fight, I broke his jaw in 3 places and fractured his cheekbone in places with 1 punch and knocked him out. Since he didn't fight back I was charged and found guilty of assault causing bodily harm. Had I not him as hard or had his jaw not been made of butter, it would have been an actual mutual fight and nothing would have happened.

So to clarify, him using the shovel as a weapon goes beyond any agreement to fight and is a chargeable offense.

Berz out.
Exactly. A smack/slap on the head or even across the face doesn't equal what he did to you. There is a chance Crown won't go for it, but it wouldn't hurt to try.
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Old 09-03-2010, 11:10 AM   #6
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Did an ambulance or any other emergancy personal attend the scene? If so I'm suprised the police weren't notified.

I would totally file a police report where I you. He can be charged with 'assault with a weapon' and 'assault causing bodily harm'.

I would contact an injury lawyer as well. If you're out of work or likely to face some long term financial reprocussions from the injury you can also persue it civilly to reclaim your lost wages for the time you're recooperating. This can be done after the criminal case is settled and regardless of if he's found not guilty of criminal assault as he could possibly be held liable for his actions if they impact your livelyhood.
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Old 09-03-2010, 11:11 AM   #7
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Originally Posted by Berzerker View Post

Be careful though. Even if you say "Wanna Go?" and the other person says yes, that doesn't mean you can't be charged. In my case the guy consented to a fight, I broke his jaw in 3 places and fractured his cheekbone in places with 1 punch and knocked him out. Since he didn't fight back I was charged and found guilty of assault causing bodily harm. Had I not him as hard or had his jaw not been made of butter, it would have been an actual mutual fight and nothing would have happened.

So to clarify, him using the shovel as a weapon goes beyond any agreement to fight and is a chargeable offense.

Berz out.

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Old 09-03-2010, 11:47 AM   #8
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Originally Posted by Berzerker View Post

Be careful though. Even if you say "Wanna Go?" and the other person says yes, that doesn't mean you can't be charged. In my case the guy consented to a fight, I broke his jaw in 3 places and fractured his cheekbone in places with 1 punch and knocked him out. Since he didn't fight back I was charged and found guilty of assault causing bodily harm. Had I not him as hard or had his jaw not been made of butter, it would have been an actual mutual fight and nothing would have happened.


Berz in.
your my hero
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Old 09-03-2010, 11:59 AM   #9
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Ambulance did attend. The RCMP were not notified, not sure why. My friend called the ambulance only I believe. I have reported it to the RCMP, they are going to arrest this guy, I was told I could be charged for assault, but the officer believes at this time it was a consenting fight (bar fight, as he put it), but the fact that a weapon was used, puts it to a bodily harm against me. Basically said it's up to the crown. Also said I could still be charged with assault, even thought he is charged with bodily harm. They will let me know.
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Old 09-03-2010, 11:14 PM   #10
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Berz, you are my hero for another week, you are amazing..
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Old 09-04-2010, 01:39 AM   #11
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Lol... I've been through some shit man haha.

Berz out.
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Old 09-04-2010, 02:09 AM   #12
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charge him with trespassing, and refusing to leave.
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Old 09-04-2010, 03:19 PM   #13
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Lol... I've been through some shit man haha.

Berz out.
story time
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Old 09-04-2010, 06:51 PM   #14
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Berz should just make a thread and put in a new story every once in a while his shits too funny.
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Old 09-04-2010, 07:27 PM   #15
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Berz should just make a thread and put in a new story every once in a while his shits too funny.
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Old 09-05-2010, 05:20 PM   #16
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Yeah, do it up Berz, I would love to hear all of your violent stories.
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Old 09-05-2010, 05:23 PM   #17
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Yeah, do it up Berz, I would love to hear all of your violent stories.
supposedly he got into a fight like this
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Old 09-05-2010, 09:58 PM   #18
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supposedly he got into a fight like this
http://www.youtube.com/watch?v=BmP7fRBA_Zw
BLACK COWBOY IN THE BACKGROUND WOO
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