But then these are issues for a court to decide. I believe there is a case here (especially if Finnegan was injured).
EDIT: I am reading that the sequence of acts may have been different. It may be that it was self defense, but it is still a chargeable offense (even if there was a self defense argument on behalf of the batterer).
There is no chance that a court of law would find either man guilty of battery in this incident. No chance.
Because none of the elements are satisfied? All of the elements are. I disagree. People are found guilty of battery (in some instances) for simply touching someone they know doesn't want to be touched.
In a football context, or other contact sport? Show me an example of someone being criminally charged due to a fight in hockey, football, rugby, whatever. Even in the Romanowski/Marcus Williams case (which is a much stronger case), there were no criminal charges, and the civil jury found that Romanowski did not engage in conduct with malice or oppression, and did not intentionally inflict emotional distress.
In any context. There is always only a limited consent when people play contact sports - you consent to the contact that is part of the game or sport. Just because I consent to be tackled does not mean I consent to being punched in the face. Or killed. And there have been plenty of hockey players that have been charged and convicted of crimes on the ice. Here is a quick list:
http://en.wikipedia.org/wiki/Violence_in_i...ting_in_charges
Incidents in hockey resulting in criminal charges:
1905 - Allan Loney is charged with manslaughter in the on-ice clubbing death of Alcide Laurin. Loney claimed self-defence, and was found not guilty.[4]
1907 - Ottawa Senators players Harry Smith, Alf Smith and Charles Spittal were charged with assault after beating Montreal Wanderers players, Hod Stuart, Ernie "Moose" Johnson and Cecil Blatchford with their sticks.
1907 - Ottawa Victorias player Charles Masson is charged with manslaughter after Cornwall player Owen McCourt dies of a head wound sustained in a brawl. Masson is found not guilty on the grounds that there was no way to know which blow had killed McCourt.[5]
1922 - Sprague Cleghorn injured three Ottawa Senators players in a brawl, leading Ottawa police to offer to arrest him.
1969 - In a pre-season game held in Ottawa, Ted Green of the Boston Bruins and Wayne Maki of the St.Louis Blues engaged in a violent, stick-swinging brawl. A fractured skull and brain damage caused Green to miss the entire 1969–1970 NHL season.[6] The NHL suspended Maki for 30 days and Green for 13 games. Both men were acquitted in court.
1975 - Dan Maloney of the Detroit Red Wings was charged with assault causing bodily harm after he attacked Brian Glennie of the Toronto Maple Leafs from behind. In exchange for a no-contest plea, Maloney did community service work and was banned from playing in Toronto for two seasons.
1975 - Police charged Bruins player Dave Forbes with aggravated assault after a fight with Henry Boucha of the Minnesota North Stars. After a nine-day trial ended with a hung jury, charges against Forbes were dropped.
1976 - Philadelphia Flyers players Joe Watson, Mel Bridgman, Don Saleski and Bob "Hound" Kelly were charged with assault after using their hockey sticks as weapons in a violent playoff game between the Flyers and the Toronto Maple Leafs in which fans had been taunting the Flyers players and spitting at them. Bridgman was acquitted, but the other three Flyers were found guilty of simple assault.
1976 - Calgary Cowboys forward Rick Jodzio plead guilty to a charge of assault following a cross-check to the head of Quebec Nordiques player Marc Tardif during the World Hockey Association playoffs. The hit led to a 20-minute bench clearing brawl.[7]
1977 - Dave "Tiger" Williams of the Toronto Maple Leafs hit Pittsburgh Penguin Dennis Owchar with his stick. He was charged with assault, but acquitted.
1982 - Jimmy Mann of the Winnipeg Jets left the bench and sucker-punched Pittsburgh Penguin Paul Gardner, breaking Gardner's jaw in two places. Mann was fined $500 and given a suspended sentence in Winnipeg.
1988 - Dino Ciccarelli hit Leafs defenceman Luke Richardson with his stick. Charged and convicted of assault, he was sentenced to one day in jail and fined $1,000.
1998 - Jesse Boulerice of the Plymouth Whalers was suspended for the rest of the playoffs after violently swinging his stick at Guelph Storm forward Andrew Lang. Boulerice was charged with assault as a result of the incident.
2000 - Marty McSorley of the Boston Bruins hit Vancouver Canuck Donald Brashear in the head with his stick in the waning moments of the game, after losing a fight to Brashear earlier in the game. McSorley was convicted of assault with a weapon and given an 18-month conditional discharge.
2004 - After repeated failed attempts at instigating a fight, Todd Bertuzzi of the Vancouver Canucks sucker-punched Steve Moore of the Colorado Avalanche in the back of the head, knocking Moore unconscious. The pair then fell to the ice with Bertuzzi's weight crushing Moore face-first into the ice, followed by several players from both teams further piling onto the mêlée. Moore sustained three fractured vertebrae, a grade three concussion, vertebral ligament damage, stretching of the brachial plexus nerves, and facial lacerations. Bertuzzi was charged by police, and given a conditional discharge after pleading guilty to assault causing bodily harm. His suspension resulted in a loss of $500,000 in pay and the Canucks were fined $250,000. Bertuzzi was re-instated in 2005; Moore has not played since and made several unsuccessful attempts at civil litigation.
Also, you don't need malice or oppression or an intent to inflict emotional distress. Neither Malice or Oppression (whatever that is) are an element to battery and IIED is a different tort altogether.