Originally posted by RusskiX
Meh, I personally don't think it was Bertuzzi's intention to end Moore's career or break his spine.
Meh, I personally don't think it was Bertuzzi's intention to end Moore's career or break his spine.
Intent determines whether the the charge is assault or agravated assault and the appropriate sanction.
"Not meaning to" NEVER absolves you of responsibility.
The following are American definitions, but probably don't differ much from BC equivalents.
"AGGRAVATED ASSAULT - An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. Although actual injury is not a requirement this type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm."
"ASSAULT - Whenever one person makes a willful attempt or threat to injure someone else, and also has an apparent, present ability to carry out the threat such as by flourishing or pointing a dangerous weapon or device at the other. An "assault" may be committed without actually striking or injuring another person. (same as forcible assault)
An assault is any unlawful attempt or offer with force or violence to do a corporal hurt to another, whether from malice or wantonness; for example, by striking at him or even holding up the fist at him in a threatening or insulting manner, or with other circumstances as denote at the time. an intention, coupled with a present ability, of actual violence against his person, as by pointing a weapon at him when he is within reach of it. When the injury is actually inflicted, it amounts to a battery.
Assaults are either simple or aggravated.
1. A simple assault is limited to the use of physical force and result in little or no injury to the victim. Where there is no intention to do any other injury. This is punished at common law by fine and imprisonment.
2. An aggravated assault is one that has in addition to the bare intention to commit it, another object which is also criminal; for example, if a man should fire a pistol at another and miss him, the former would be guilty of an assault with intent to murder; so an assault with intent to rob a man, or with intent to spoil his clothes, and the like, are aggravated assaults, and they are more severely punished than simple assaults."
"BATTERY - Harmful or offensive contact with the preson or another or with something closely appurtenant thereto, caused by an act intended to result in such contact or the in the apprehension thereof directed at the other or at a third person."
, thats good pride)...dont blame the game blame the people.
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