lecture 14 Flashcards
what were the facts of the case with Tropea
- Tropea, 20 yr. Old female hockey player from Niagara Falls in hockey tournament in London, Ontario
- Cross checked opponent to ground
- Kicked player in head
Charged with assault causing bodily harm
Rules of league/tournament - sanctions for attempt to injure, almost any contact to head is categorized as attempt to injure. - Additionally, kicking is deemed to be an attempt to injure
what was the outcome of the tropea case?
- the endorsement is really that she is therefore found not guilty of assault causing bodily harm, but guilty to the included offense of common assault
- Had to keep the peace, complete 100 hours of community service (over 18 months), take any counseling for anger management that is directed by a probation officer. Also, not associate either directly or indirectly with the victim
victim statement
- giving an impact statement to show everyone how they were directly affected.
Fallofield 2 prong test
- would it be in the accused best interest
- would it not be contrary to the public interest
things needed for the criminal code section 718
- to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct
- To deter the offender and other persons from committing offenses
- To separate offenders from society, where necessary (ie. serial killers)
- To assist in rehabilitating offenders
- To provide reparations for harm done to victims or to the community
- To promote a sense of responsibility in offenders, and acknowledgement of the harm done to victims or to the community
Ie, like when people plead guilty and are taking consequences for their actions
(the most common are denounce and deter)
Ciccarelli case facts
- Appeal court upheld trial decision to not grant a discharge because it would be contrary to public interest
- The court had noted that discharges in past have not tamed down the violence in hockey
Details - During a hockey game he hit the opposing player in the head with his hockey stick
- He went to jail for a day
Ciccarelli decsion
- A conviction for the common assault
- Court ordered probation for 2 years and suspended passing a sentence.
Hepburn case details
- Female assistant coach (Hepburn) was 21 years old and was coaching under 14 (years old) female ringette team
- She was well liked by the players, but an intimate relationship developed with one athlete.
Hepburn and R communicated innumerable times between January 1 2011 and March 29 2011, the period of time during which Hepburn was charged with having committed, and the jury found her to have committed.
They communicated in person, by telephone, by letter and by text message. Over the offense period they exchanged easily in excess of 5,000 text messages alone.
sexual interference
every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16
invitation to sexual touching
Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of a person under the age of 16 years.
decision for the hepburn case
He was sentenced to 12 months and 18 months prison sentences respectively, to be served concurrently, therefore a total of 18 months, plus two years of probation.
facts for Azanjac case
an 18 year old, 6’7 basketball player disagreed with a technical foul given to him by the referee.
Bumped ref with his chest
Struck referee in back of head with both fists when referee turned to the scoring table
A brawl erupted during which a teammate of the accused grabbed and held the referee from behind while the accused punched the referee in the face and head three times.
pleading for Azanjac case
Guilty to assault
Conditional discharge granted
12 months probation
100 hours of community service
$1000 restitution to referee
was there joint submission for the Azanjac case?
yes.
jones case fact
39 year old “hockey mom”
Struck 40 year old “hockey mom” in head three times with her purse
First blow knocked victim to her knees, second blow caused her to hit a steel pole rendering her unconscious, third blow struck as victim lay unconscious
Off duty policeman intervened and arrested her
