Principles

·  CRIMINAL LAW — Consent to act not intended to cause death — Penal Code, s. 51 — Wrestling.

By voluntarily entering a wrestling match which in fair play resulted in the death of deceased who was above 18 years old, deceased consented to the act of accused which is therefore not an offence under Penal Code, s 51.

Judgment

S.M.A. Attig, P.J., September 27, 1962:— Deceased was wrestling with the accused after he had already overcome two other contestants. Wrestling is a lawful game which is known all over the country No doubt any person who agrees to wrestle impliedly consents to any injury which might result therefrom provided it is not foully played.

Penal Code, s. 51 provides that “No act is an offence by reason of the injury it has caused to the person or property of any person who, being above the age of eighteen years, has voluntarily and with understanding given his consent express or implied to that act.

Wrestling is not an act which is likely to cause death or grievous hurt in accordance with the proviso to that section.

Moverover, the medical report does not establish any external in juries. To the contrary, it establishes that the death was caused froñi over- exertion while under the influence of drink.

In the circumstances, I do not see any prima fade case which warrants committal of the accused for trial by a Major Court.

Order: 1. Charge be quashed

   2.  Accused be acquitted.