In what circumstances will a court quash a caning conviction for assault?
Saskatchewan, Canada
The following excerpt is from R. v. Metcalfe, 1927 CanLII 238 (SK QB):
In Gardner v. Bygrave (1889) 53 J.P. 743, 6 T.L.R. 23 : The master of a board school was charged with assaulting a pupil by caning him on the hand, and the magistrate being of the opinion that the caning on the hand was attended by the risk of serious injury to the hand, convicted the defendant, although the punishment was not excessive and there was no evidence of any serious injury having resulted in the particular case. On appeal it was held that the reason given by the magistrate for convicting was insufficient, and the conviction was quashed.
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