The Assault Of The Delivery M Regina Vs. Mattachioni

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The Assault of the Delivery Man Regina vs. Mattachioni is a case of assault causing bodily harm. This is a criminal law issue which was dealt with and ruled over by Justice De Filippis. Mr. Mattachioni violated section 267 of the Criminal Code when he punched the complainant Mr. Michael Humphrey. The two men had begun arguing after a parking in an invalid spot. They were both at a restaurant which sold Chinese food because Mr. Mattachioni was picking up food, and Mr. Humphrey worked there as a delivery driver. The argument between the two men prompted the defendant to punch Mr. Humphrey which allegedly knocked out a few of the complainant's teeth and left him in need of extensive dental care. The defense argues that Mattachioni was doing …show more content…

The two men were originally in argument outside of the buildings by their car but the dispute stopped until they met again in the doors of the restaurant where the complainant, Mr. Humphrey, grabbed the defendant by his coat to move him out of the way, which prompted the defendant to say, “do not touch me.” The facts in this case are fairly indisputable considering that their are many witnesses to the event, and the situation is pretty agreed upon. I see Mr. Humphrey’s action as a provocation of the defendant. They were both fairly heated at this point which makes me believe that Mr. Mattachioni should not be charged with assault causing bodily harm. Both men had mens rea and to a lesser extent, Mr. Humphrey, did too act on his anger and really started the physical altercation. Before Mr. Humphrey's action, the two men were in a heated dispute but no crime had been committed. Mr. Mattachioni was reacting to the complainant’s actions. The two men however did both participate in some shoving when the dispute first started. The fight was consented to by both parties because of this. Another fact to back this up was that both men were also grabbing each other's coats at one point. This entire fiasco happened because of the complainant’s unwise parking job. This isn’t to say that I agree with the actions of the defendant. Mattachioni is guilty of …show more content…

He was very sure of his conviction. I believe he made the right one but I don’t think he considered enough the other side. His notes made it seem as though he didn’t really consider that the fight could have been consented to by both parties, which concerns me. I just want to know that both sides and argument were adequately thought through. I think that if this is true, that the outcome is still okay. I do not think much rehabilitation will take place in this case. The defendant will pay for the crimes he committed and the complainant will go on his

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