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02-08-2007, 05:09 PM
  #74
Ola
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Quote:
Originally Posted by Wetcoaster View Post
Bertuzzi intended to assault Moore, that was why he was convicted of the crime of assault causing bodily harm. You assault someone you are repsonsible for the consequences of your actions regardless of whether you intended that level of injury. The intent is found in the assault not the injuries.

A recent case in Canada involved a one punch fight outside a bar (sucker punch) - the victim died and the perp was found guilty of manslaughter. Sentenced to 7 years. http://www.cbc.ca/canada/story/1999/...bar990129.html

Bertuzzi was lucky that Moore's spinal fractures did not displace and cause more serious injury or even death.
Seriously, that can be debated. Two car crashes into each other, one of the driver gets out of his car, pulls out a gun, and shoots the other drive in the head. Courts in the US found that he didn't have intent to kill the other driver.

You are responsible for your actions, but you still must have real intent to act the way you do. I find it doubtful that Bertuzzi will be found to have the intent to cause the act that broke Moore's neck. Its just a educated guess, but I think its doubtful.

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