*image from ANDREW FRANCIS WALLACE / TORONTO STAR (see article)
Early Saturday morning, an American man in his mid-20’s died after being “attacked” outside of a bar on College St. in Toronto. The article states that Mr. Julian Jones was kicked and punched in the head while lying on the sidewalk. He passed away on his way to the hospital (https://www.thestar.com/news/crime/2016/11/06/toronto-police-identify-maryland-man-as-victim-in-college-st-killing.html). Mr. Jones was attending a bachelor party in Toronto while visiting from Baltimore, Md.
This tragedy brought up many emotions for me, and I’m sure many others that have been witness to a drunken brawl. One night, not that long ago, I was with a group of my girlfriends. We had a grr on after the bar and went to McDonald’s (classic) at Bathurst and King for some late night eats (the line at the Thompson was too long…). While waiting in line for our Big Macs and (what she order) Fish Filets, an altercation broke out between a young Asian male and a group of bros. They took it outside and the lone soldier ended up on the ground while the group booted his body and face. Luckily, the solo guy got up. His face was bruised, his clothing torn and his body scraped, but luckily blood was still running through his veins. Not everyone in this situation is so lucky.
In examining our material dealing with actus reus we have seen many cases where the intention is not necessarily to kill, but killing occurs nonetheless. Given the emphasis on the fact that “the attack on Mr. Jones was and still is unprovoked” my thought is that killing him was likely not the intention, unless there was some sort of ulterior motive. But as is stated in the article, “… if you punch somebody in the face, and they fall back and hit their head and then you stomp on their head, there would be no way you would not know the damage you caused.” And I think the courts would agree. Once the suspects are found and charged, I imagine that there will be a manslaughter charge under s. 222… at the very least. Not only did this “fight” (if it was even a fight) tragically end the life of Mr. Jones, but also it will undoubtedly change the lives of all the others involved forever. And I truly hope it does… because it will then signal to others that drunken brawls are just not worth the risks involved.
Just eat your Big Mac and go home safely! I promise you’ll feel better. Plus, apparently the blankets in jail are really gross and bloody… not an ideal sleeping situation. Among other things.
– Kiri Latuskie, 2016