Kicking the Homeless

[Donald G]

Seems to boil down to another one of those areas where the men in black are required to interpret what the law means before making a finding as to whether or not the situation constitutes an assault and if so which type of assault the suspect committed. IMO your comments are very helpful in that respect Ken7. Thanks.

[my5cents]

When they consider by the Criminal Code, transient injuries from a fight they might consider slight bruising, a minor cut to the lip. They look at it a something that can be reasonably expected from a fight. When a guys is kicked repeatedly in the head, possibly a broken jaw or long term head injuries that is assault causing bodily harm.

In this case if you caused injuries to the point of hospitalization, split scrotum or having to actually remove a testical, that too is bodily harm.

I did not make the law, but I know we have convicted persons involved in fights for broken jaws, neck injuries etc. Bruising and stiffness is transient and trifling, broken bones are bodily harm.

Interesting how you try to make your point. You go from "minor cut to the lip" to "split scrotum or having to actually remove a testical".

I think the test would be, you were paid to let someone kick you in the nuts and agreed to do so, what type of injury could reasonably be expected.

The cases you sight are fights where after the "victim" was unable to defend himself he received a severe beating.

Even if you were attacked by a person attempting to rob you. If you overtook him and began beating him mercelessly at a point you could be charged with assault.

I don't think for a second that what this guy did was right, but I think the VPD will have a better chance on a robbery charge for assaulting the victim after the kick to get the money back.

[Ken7]

All I have to say if you want to make $20.00 go to Vancouver my5cents. Thanks for your opinion for what it's worth.