Properly conducted games and sport Flashcards
what balance has to be achieved in sports
upholding criminal law on assault while permitting contact sports to be plated without unnecessary restrictions
If a person is seriously injured while participating in properly supervised sport, though conduct within the rule why would a defence be available
because a conviction would not be in the publics interest
Who should be criminally liable for NFO in sport
people who deliberately inflict injury or who go beyond the rules of the game
What distinction must be made in contact sports
the distinction between on the ball and off the ball incidents
case for an off the ball incident
Billinghurst
Case facts on billinghurst
rugby player punched another in an unprovoked attack and fractured his jaw s20. and argued it was a commonplace in rugby, but it was outside the rules of the game in an off the ball incident and V had not consented
Legal principle from billinghurst
in rugby players are deemed to consent to force but only a kind that might be reasonably be expected during a game, there is no unlimited license to use force
There was a distinction drawn between force that is used in course of play and force outside the course of play
Why have on the ball incidents been deemed acceptable
because in contact sports there are so many fouls it would be impossible to convict and it would possibly stop the sport
Which case indicated prosecution should only be brought if D’s conduct was bad enough be criminal
Barnes
What does it mean “bad enough to be criminal”
Where what had occurred had gone beyond what V would have consented to when he agreed to take part in the sport
Case facts of Barnes
D tackled V in a football match who then sustained serious leg injury and D was charged s.20. The crown argued the injury had been caused by recklessness and the tackle had been a fair challenge in the course of play
Judge made it clear D would only be guilty if proved that what had happened had not done by a way of legitimate sport- first instance crown’s argument accepted that his conduct was so reckless it could not have been legitimate in sport
on appeal CA accepted argument that the judge summing up had been inadequate and the conviction was unsafe
legal principle from Barnes
sports players consent t a level of risk during the course of a game and a conviction will require D’s conduct to be criminal
What type of test is used to establish is criminal liability should arise from sporting injuries
objective
What factors are likely to be important when determining if D’s conduct was criminal
state of mind- intentionally always crim type of sport and level amount of force used if play is within rules for reckless infliction was it on ball or off the ball
There have been no prosecutions regarding boxing within which rules
Queensbury Rules
