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- Smart v Her Majesty's Advocate is a Scots law case that effectively excludes the common law doctrine of Volenti non fit injuria from Scots criminal law, when concerning assault. The case saw the accused, William Smart, who was charged with assault, lodging the defence that his victim Issac Wilkie has consented to a "square go". Therefore Smart could not be charged with assaulting Wilkie or any injuries arising from the fight. (en)
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- 3365 (xsd:nonNegativeInteger)
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- Lord Justice Clerk Lord Wheatley, Lord Leechman, Lord Thomson (en)
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- Smart v Her Majesty's Advocate is a Scots law case that effectively excludes the common law doctrine of Volenti non fit injuria from Scots criminal law, when concerning assault. The case saw the accused, William Smart, who was charged with assault, lodging the defence that his victim Issac Wilkie has consented to a "square go". Therefore Smart could not be charged with assaulting Wilkie or any injuries arising from the fight. (en)
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