lecture 15 Flashcards
section 43 of the criminal code
Every school teacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances.
Leitch case facts
This was between a figure skating coach and a younger athlete
The coach found out that the young male had been saying rude things to another female athlete, so Mr. Leitch slapped the male athlete in the face.
It took place at an figure skating academy
He is not as much of a teacher, more of a coach
Mr. Leitch was charged with assault
But he was pleading not guilty
Instructor slapped the child once to “assumably correct behavior”
They were trying to see if his academy fell under a school name
decision for the Leitch case
Mr. Leitch was found guilty
Absolute discharge was granted, he is free to go.
Facts of the G.T. case
17 years old, midget boys hockey game
League has a reputation for tolerating (if not promoting) a considerable amount of body contact)
Third period of game, player jostling in corner, accused punched or pushed complainant in the face, dislodging his helmet and the attached face mask.
The complainant did not to defend himself or fight back
Accused dropped his gloves and punched him at least once more, fracturing the jaw, displacing a tooth and causing significant bleeding.
what was the charge in question in the G.T. case?
assault causing bodily harm
what was the issue in the G.T. case?
the alleged said he was honestly mistaken belief in consent to fight
what was the decision in the G.T. case
Accused mistakenly believed that the complainant wanted to fight but it was not , in the judges view, an honest mistaken belief.
Accused did not have “reasonable grounds” to believe that the complainant “consented to the conduct that is the subject matter of the charge”
