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03-09-2004, 07:47 AM
  #18
Kluivert4Ever
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Country: Sweden
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Quote:
Originally Posted by L.I.RangerFan
elements of a crime:

intent, motive and opportunity.

Intent is there, as Bertuzzi was making threats to get Moore, chased him around the ice as Moore was retreating and with premeditation punched him and drove his head into the ice, causing serious physical injury with more then likely permanent scarring and disfigurement.

Fits the elements of a crime to me.

Hopefully the Vancouver Police agency looks into this and charges Bertuzzi with assault. The NHL CANNOT condone Bertuzzi's actions and he should be suspended pending the outcome of any criminal action. After the criminal portion is finished, the NHL should make a determination based on psychological evaluations, anger management evaluations and probation/parole reports if it is SAFE to allow him back.

The NHL is obligated to protect the players. Failure to protect is grounds for a lawsuit.

My best wishes go out to Steve Moore, his brother's Dom and Mark and the entire Moore family. May he return to playing the game he loves.


Im not that familiar with the Canadian laws but if this would have happened here in Sweden are the following.


First of all for it to be even called asault there need to be an intent to injure and that was clearly the case here.
Second when u participate in sports you have "approved" that there is a chance you being injuried while participating however the injury must be one that lies within the realm possibility of the game, which means that if u would get hit from behind into the boards and suffer a concussion from that you canīt call it asault because when u play hockey you are aware that those sort of things can happen. But when the injury you recieve is because an opposing player first punches you from behind in the head and throws you head first into the ice thatīs not a risk you approve to take while playing hockey there for at least in Sweden this would be a clear cut case of asault or at the very least (Im not sure what the American term for this crim is so you will have to excuse my choice of words) the cause of injury to another persons body.

The main thing is like you said that there was in INTENT to injury and because it was this was a criminal act, at least it would be in Sweden donīt know about the Canadian lawsystem as I stated earlier.

Take Care all and get well Moore!

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