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Section 265 of the Criminal Code defines assault as follows: A person commits an assault whenwithout the consent of another person, he applies force intentionally

Section 265 of the Criminal Code defines assault as follows: "A person commits an assault whenwithout the consent of another person, he applies force intentionally to that other person, directly or indirectly..."

Consider the following scenario: James and John get into an argument and decide to resolve it by means of a fist fight. They both freely consent to fight each other. As a result of the fight, James sustains very serious injuries. Should John be convicted of assault? Or should he be able to use consent as a defence? (after all, James agreed to participate in a fight and agreed to the application of force to himself)

looking for opinions on what would be fair and appropriate rather than particular 'correct' answers.

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