Kicking the Homeless

[Ken7]

Did you see the news out of Vancouver. Some idiot had been taped paying homeless money so they would stand and he would kick them as hard as he could in the groin.

That individual needs jail! How sad is that.

http://ca.news.yahoo.com/blogs/dailybre ... 16510.html

[my5cents]

Did you see the news out of Vancouver. Some idiot had been taped paying homeless money so they would stand and he would kick them as hard as he could in the groin.

That individual needs jail! How sad is that.

....and the charge would be... ?

[WhenWhatWho]

I hope the cops take the 'long' way to the station once they find hm.

[Captain Awesome]

Well, if girls can get paid by letting strangers do unpleasant things to their groin parts, why can't boys do the same?

[Ken7]

[


....and the charge would be... ?

I'm thinking if someone is so stoned or screwed up they can not legally consent to the act, maybe assault causing. I just can't see what this jerk gets out of it.

[jimmy4321]

The crazy part is that there was enough able body guys that could have intervened,at least there's a video.

[Ken7]

It is hard to decipher a takeaway lesson from this bizarre incident. Sometimes a jackass is just a jackass. But why didn’t any of the numerous witnesses intervene? Vancouver has a real issue with homelessness, and this incident would suggest that some city youths feel a disconnect from their plight.

Out of the Vancouver paper, I think it sums this one up quite well.

[Donald G]

IMO three questions need answered before the situation can begin to be assessed;

1. Did the victim consent to being kicked in the groin?

2. Was the victim coherent enough to fully understand what he was consenting to have done to him?

3. In modern law, can a person consent to having bodily harm done to them for "desperation" money?

I would expect that if the answer to any of the questions is "no" charges would not only be possible but probable.

Unfortunately in Canada there is NO onus on the part of those "watching" and witnessing the event to stop what is happening.

[1nick]

Everyone has a price.
Mine would be 250K

[fvkasm2x]

Not sure if a crime was committed, but the guy doing the kicking is a complete tool and needs a good kick in the head himself.

[my5cents]

IMO three questions need answered before the situation can begin to be assessed;

1. Did the victim consent to being kicked in the groin?

2. Was the victim coherent enough to fully understand what he was consenting to have done to him?

3. In modern law, can a person consent to having bodily harm done to them for "desperation" money?

I would expect that if the answer to any of the questions is "no" charges would not only be possible but probable.

Unfortunately in Canada there is NO onus on the part of those "watching" and witnessing the event to stop what is happening.

I think with our Crown, charge approval they wouldn't risk charging.

However, there's a new wrinkle introduced in that the "kicker", after kicking the "kickee" went after him and took back some or all of the money, by force. So it might turn into a robbery.

But,, ever try to get a street person in to court to testify a year after an incident ?

[Ken7]

IMO three questions need answered before the situation can begin to be assessed;

1. Did the victim consent to being kicked in the groin?

2. Was the victim coherent enough to fully understand what he was consenting to have done to him?

3. In modern law, can a person consent to having bodily harm done to them for "desperation" money?

I would expect that if the answer to any of the questions is "no" charges would not only be possible but probable.

Unfortunately in Canada there is NO onus on the part of those "watching" and witnessing the event to stop what is happening.

You can not consent to receive bodily harm.

It is no different then two individuals consenting to a fight. Now if one receives grievous bodily harm the other can be charged and convicted of assault causing bodily harm, if the injuries were more then temporary and transient in nature.

The VPD did mention in one release they were going to bring this case to Crown Counsel and I've not heard a update at all.


Here is a case dealing with Consent and bodily harm.
http://www.canlii.org/en/bc/bcsc/doc/20 ... FybQAAAAAB

[my5cents]

You can not consent to receive bodily harm.

It is no different then two individuals consenting to a fight. Now if one receives grievous bodily harm the other can be charged and convicted of assault causing bodily harm, if the injuries were more then temporary and transient in nature.

The VPD did mention in one release they were going to bring this case to Crown Counsel and I've not heard a update at all.


Here is a case dealing with Consent and bodily harm.
http://www.canlii.org/en/bc/bcsc/doc/20 ... FybQAAAAAB

Your own case states "serious bodily harm" or "non-trivial bodily harm", not just "bodily harm"

[36Drew]

You can not consent to receive bodily harm.

Really? Then you better let any and all physical sports players know that. We need to immediately outlaw tackling in football, checking and fights in hockey, and boxing/wrestling/UFC matches.

I'm very certain that you're wrong in that regard. I also think you need to re-read the judicial decision, because the judge also disagrees with your assessment.

[Ken7]

Your own case states "serious bodily harm" or "non-trivial bodily harm", not just "bodily harm"

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.