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Showing posts with label Criminal Law. Show all posts
Showing posts with label Criminal Law. Show all posts

Sunday, 4 January 2015

Assault and Consent - The Law in Sport


Sport is engrained into the Australian culture. It forms a significant part of our economy and serves to inspire millions. When we examine contact sports like rugby, league and Australian-rules football, it is rare that we stop to consider the legal ramifications of such events. Tackling someone to the ground and taking possession of their ball might be seen as assault and theft in an urban area, but it is a source of national pride when performed in a stadium for the world to witness. Where do we draw the line? When do we stop regarding wanton acts of violence as recreational and begin to perceive them as criminal?
Assault is the physical application of force to another without their consent. Clearly the keyword for our application to assault in sport is consent. Where deliberate violence does not exceed the tolerance of the law, consent is a complete defence. There are two types of consent; express and implied.

Express Consent

There is little chance of criminal liability arising from physical contact permissible under the express rules of the sport. Play that is within the rules and practice of the game and does not go beyond them will be a firm indication that what has happened is not criminal.

Implied Consent

A breach of rules involving physical contact will not be actionable unless a breach is outside the reasonable expectation of the reasonable player, or beyond the unwritten code and customary norms of the game.

Factors bearing upon implied consent include:

o   The nature of the game played (whether amateur or professional);

o   The nature of the particular acts and their surrounding circumstances;

o   The degree of force used;

o   The degree of risk of injury; and

o   The state of mind of the accused.

·         A player being sent off might not be sufficient to say consent was not there.

·         Instinctive reactions might be consented to.

·         Intentional causing of harm may mitigate against a finding of deemed consent.

·         Unwillingness of the victim to participate is a factor.

Where contact exceeds consent, the contact is deemed illegal.

Other considerations
·         The victim is deemed to have consented to any unintended harm which results from the consensual contact.
·         Violent contact outside the tolerable limits of the criminal law, although within the express or implied rules of the sport, is prosecutable.
·         Behind the play assaults are not consented to.

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