Assault.

• Author: Evelyn David

About three-thirty ...

"No. I heard they're coming later tonight."

Rumours flew around Central High School. There had been a fight at a weekend dance, and one student had been sent to the hospital with a broken jaw. Most students thought the trouble-makers came from the John J. Cully High School, their biggest football rivals. They expected the fights to carry on to the end of the football season.

Jay hated fights. He'd always been smaller than other boys his age. In public school, he often got beaten up. That was why his dad had signed him up for Tae Kwon Do. After he won a local championship, no one ever challenged him to a street fight.

By three-thirty, everyone was crowding into the vacant lot. Sure enough, the trouble-makers from the dance were there, and the fight was on.

Jay watched from the sidelines, remembering how it felt to be too scared even to walk by a fight. Street fights were dumb, he thought. People always got hurt. He turned and started to walk away.

"Hey, look at the runt wearing the Central jacket," hollered a voice.

"The midget's trying to run away," shouted another.

Two guys headed for Jay. One of them, the biggest, stuck out his foot to trip Jay. As he fell, Jay grabbed the guy's leg and twisted.

There was a loud crack. The big guy screamed. He lay on the ground with his leg stuck out at an awful angle.

The vacant lot was suddenly quiet. All the other fighters stopped and stared at Jay. Then they quietly disappeared. Jay left too.

An hour later, the police arrived at Jay's house to question him about the fight. His father listened and assured Jay that he had only defended himself. But the next day, the police returned with a summons. The summons said that Jay had been charged with "assault causing bodily harm", section 267(b) of the Criminal Code of Canada. There was a date on the summons for Jay to appear at Youth Court.

You be Jay's advisor

Suppose Jay has come to you for information. He wants to know what you think about his chances in Youth Court. To help Jay you need to look at...

*THE CROWN'S CASE

.... Did Jay apply force to the "big guy"?

.... Did Jay intend to apply this force?

.... Did the "big guy" consent to this action by Jay?

.... Was the "big guy" seriously hurt as a result of what Jay did?

What do you think? Did Jay commit an assault causing bodily harm?

Yes No

*JAY'S CASE

.... Was it an accident, a reflex gesture, which caused Jay to twist the "big guy's" leg?

.... Did Jay actually think the "big guy"...