A 12-year-old defendant was charged with assault causing bodily harm after punching a 13-year-old complainant during a schoolyard altercation over a soccer ball, resulting in a dislodged tooth requiring extensive dental work.
The trial judge found that while the defendant intentionally applied force causing bodily harm, the complainant's consent to the fight could be inferred from the circumstances, and the defendant did not intend to cause serious harm.
The court held that consent was not vitiated by the bodily harm caused, and therefore acquitted the defendant.
