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  1. #1
    Law Curious
    Join Date
    May 2009
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    Default curious as to if anyone is familiar with canadian law?

    if you are please read the following as it would be of the greatest help to myself:
    i'm looking at a case right now that involves 2 teens the male 19 is an adult, the female 17 years of age is not. the accused the male has been charged with demestic violence against his ex girlfriend the female. the charge as listed is assult. the female claims intentional violence on the males part but admits to defending herself against him by inflicting a bite mark on his right forearm. the situation at hand was told by both parties generally the same excluding minor details. the male claiming unintentional violence as a retailation to the damage done to his forearm says that at no point did he make any outright attack on her person nor did she at anytime exibit any fear towards the struggle at hand or cry out for help which was objectivly over a cordless phone in which both parties were claiming to call the authorities. the female also claims that the defandant choked her and pinned her to the ground which is incunclsive with the bite mark on the males arm and the lack of any visual markings on her chest or neck. under canadian law could this situation in a court of law be seen as assult? and what would the maximum sentence be?

  2. #2
    Senior Legal Forum Partner
    Join Date
    Apr 2009
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    Default

    Quote Originally Posted by justwondering View Post
    if you are please read the following as it would be of the greatest help to myself:
    i'm looking at a case right now that involves 2 teens the male 19 is an adult, the female 17 years of age is not. the accused the male has been charged with demestic violence against his ex girlfriend the female. the charge as listed is assult. the female claims intentional violence on the males part but admits to defending herself against him by inflicting a bite mark on his right forearm. the situation at hand was told by both parties generally the same excluding minor details. the male claiming unintentional violence as a retailation to the damage done to his forearm says that at no point did he make any outright attack on her person nor did she at anytime exibit any fear towards the struggle at hand or cry out for help which was objectivly over a cordless phone in which both parties were claiming to call the authorities. the female also claims that the defandant choked her and pinned her to the ground which is incunclsive with the bite mark on the males arm and the lack of any visual markings on her chest or neck. under canadian law could this situation in a court of law be seen as assult? and what would the maximum sentence be?
    Yes. The facts as you have given them could easily establish assault by the male against the female. Society has zero tolerance for domestic violence so the cards are stacked against the male. It the facts show a 50-50 causation - a jury or judge will most likely nail the male.

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