SS-3315/2008-LYN
ECLI:DK:LYN:2024:SS0000000019
AI generated
Court dismissed assault charge where victim consented to the physical contact during a consensual fight.
Legislator summary
AI generatedThe court dismissed the prosecution's charge of assault against the defendant for physical contact during a consensual fight. The victim testified that the defendant struck them, but the court found the contact occurred within a mutual altercation where the victim did not resist. Consequently, the court ruled that the defendant's actions lacked the necessary intent for criminal assault under the relevant statute.
Legislator headnote
AI generatedStraffelovens § 244; When physical contact occurs during a consensual fight without resistance or intent to harm, the act does not constitute criminal assault.
Keywords
AI generated
criminal assault
consensual fight
lack of intent
victim consent
Straffelov § 244
Cited Legislation
AI generatedStraffelovens § 244
Full text
Tiltale for vold efter straffelovens §244