Similarities Between R. V. Dix And R V Jobidon

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The Trial Court The essence of the case was the argument that whether consenting to a fight was an enough defense to indicate the accused’s innocence in regards to assault, (which resulted in manslaughter). The accused claimed that he was not guilty since all the criteria for an act to be considered as an assault were not met; the deceased has consented to the fight. When deciding the case, His Honor Campbell had discussed, in length, the scope of the ability of using consent as a defense against the accusation of assault, and whether or not the inability of the crown to prove lack of consent is sufficient enough to prove Mr. Jobidon’s innocence. Since, as the defendant stated, the crime of assault was only a crime if the party being assaulted …show more content…

It has met the res gestae tests set out in R. v. Cohen, R. v. Clark, and R.v. Andrews. However, after extensive thought and study, Judge Campbell found that this case was bound by the decision in the R. V. Dix case. R. V. Dix and R. V. Jobidon have some similarities that pertain to both of them, both were cases where both parties had entered into a consensual fight, and both of the defendants had used the argument that the injured party had consented to enter into this fight. However, there was one major difference, which is embodied into the fact that in R. v. Dix, even though serious injuries were inflicted, it was not a case of manslaughter. Judge Campbell had reluctantly found himself bound to the decision of R. v. Dix in regards to the fact that consent can be used as a defense against being accused of assault. Mr. Jobidon had argued that due to the fact that Mr. Haggart, had voluntarily entered into a fight with him, he cannot be charged with assault. The Criminal Code in Section 244 states: “ 244. (1) A person commits an assault …show more content…

An argument that had won him the case and resulted in his acquittal. I understand the reluctance of the judge to uphold this precedent, because in doing so, he would be opening the floodgates to having consent be used as a defense whenever serious bodily harm was inflicted, or as in this case, death. By accepting that consent is a good enough reason to apply force (whether deadly or not) on the consenting party, Judges will have set rules that allow people enough leeway to beat each other up with the only deterrence of how to prove consent, or how The Crown is unable to prove lack thereof. As reasonable the defense of consent can be in this regard, I believe that Jobidon went beyond the consent given to him in the fight. It is unreasonable to think that a person getting into a fight would consent to his demise. The English court of Appeal had discussed this by saying that, excluding minor struggles, it is not in the public interest that people decide to cause each other actual bodily

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