Quote:
Originally Posted by CorsiHockeyLeague
Actually, this is incorrect, as far as I'm aware. I'm pretty sure the thin skull rule applies equally in the criminal context in Canada as it does in tort. Basically, if you're a wrongful actor, you take your victim as you find him. In other words, if you sucker punch a guy in the ear, and unbeknownst to you he has a medical condition that makes him ten times more likely to die from a sucker punch in the ear, that is not a defense.
|
We had a youth die here from a one punch. I believe the technical cause of death was a brain aneurysm. The puncher was cleared due to the fact the prosecution could not prove the punch was the cause of the aneurysm or it was prexisting. I think they also considered that the punch didn't necessarily cause the injury, but his head hitting the curb may have.
Regardless the puncher never went to jail.