The Defendant inflicted a serious leg injury upon the victim whilst attempting to make a sliding tackle during an amateur football match. The tackle which caused the injury was crushing, late, unnecessary, reckless and high. The referee sent off Barnes and also gave evidence saying that it was not a sliding tackle and that it was two footed. He was convicted on one count of unlawfully and maliciously inflicting grievous bodily harm, contrary to section 20 of the Offences against the Person Act 1861. He appealed against the conviction. The judge directed the jury that the defendant could only be convicted if the prosecution had proved that what he had done had not been done by way of ‘legitimate sport’.
Legal Issue/ Question
When is it appropriate
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The Defence’s case is that it was “a sliding tackle, that sliding tackles are legitimate, that injuries do get caused even in football and that this particular sliding tackle was not reckless. The defendant argued that it was no more and no less indeed than a normal everyday tackle done in every game, sometimes in a game over a dozen or more times. It was not disputed that the victim’s injury was the result of the tackle ad that the injury to his right leg amounted to grievous bodily …show more content…
In deciding whether conduct is criminal, it must be taken into account that in highly competitive sports, conduct outside the rules of the game can be expected in the heat of the moment but it may not reach the threshold level required for it to be criminal. He stated that the following should be considered by the jury: the level of the game, the nature of the act, the degree of force used, the extent of the risk of injury and the state of mind of the defendant. “The type of the sport, the level at which it is played, the nature of the act, the degree of force used, the extent of the risk of injury, the state of mind of the defendant are all likely to be relevant in determining whether the defendant's actions go beyond the threshold.” The House of Lords considered the law in R v Brown . Brown dealt with a very different factual context, namely sado-masochistic activities between consenting adults. However, their Lordships made it clear that the rule and the exceptions to the rule that a person cannot consent to his being caused actual harm, are based on public policy. Another interesting case illustrating this public policy approach was in R v Dica where women who knew of a HIV positive mans condition consented to sexual intercourse. There would be a defence to a charge under section 20. In the case of R v Cey , Gerwing JA made it clear that even in ice hockey: “some forms of bodily contact carry with them such
There were no concealed, unreasonably increased risks present at the time of the incident. D’Agostino graduated Massapequa High School in 2000. When the plaintiff’s injury caused, D’Agostino was 27 years old and weighed 275 pounds. When he was in high school, he wrestled for all four years, and he won some championship. On the other hand, the plaintiff was 6’2”, weighted 275. He was under age. He had many experiences of wrestling because he wrestled from 7th grade through 12th grade. Thus, they were almost in the same situation, except for their
McKichan v. St. Louis Hockey Club, L.P. was a personal injury case filed on March 17, 1998, in which the plaintiff claimed that the defendant club was vicariously liable for their employee’s actions that caused the plaintiff’s injury. The injury in question occurred in Peoria, Illinois during an IHL game on December 15, 1990 between the Peoria Rivermen and the Milwaukee Admirals. While the St. Louis Hockey Club technically wasn’t playing in the game, they can be held liable for the injury, as the Peoria Rivermen are a subsidiary of the club. During the third period of said game, the defendant, Stephen McKichan, a goalie for the Admirals, was both injured and rend unconscious by a body-check from a Peoria player. This body-check occurred after play was stopped due to the hockey puck floating out-of-bounds. Also, the defendant player ‘s body-check had occurred after the referee had blown his whistle twice to signal the play stoppage. After the injury, the defendant’s player received a game misconduct and a suspension. The player would also go on to settle with the plaintiff out
Representing the defence, the nature of this case regards clams that the NRL was negligent in relation to Alex’s three way tackle in a game between the Newcastle Knights and the Melbourne Storm. This tackle saw Alex come into contact with Jordan McLean, Jesse Bromwich, and Kenny Bromwich, in which he was lifted up and awkwardly landing on
This did make it a plain field and did not give one side an advantage over the other, which in the opinion of the jury is a good thing. To close your honor, the jury found the defendant guilty of both counts.
Counsel of the appellant sought a certificate from the judge to bring an interlocutory appeal to the Court of Appeal against the admissibility of the coincidence evidence. The Court of Appeal allowed the appeal, ruling the coincidence evidence inadmissible. It adopted a different approach than that in NSW in reviewing the ruling of the Evidence.
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
Ethical Rules on Sport’s Justice. Dallas: East Dallas Times, page 21. 2008. The 'Standard' of the 'Standard'. Print: Harry, Patrick Hayes.
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
8. Should an athlete’s past be considered when determining their punishment for a certain crime? Yes _21__
During the game Abiodun made a call and Jeremy who was the coach for a team did not agree with the call at which time he started to interrupt the game by arguing with Abiodun. Abiodun ejected Jeremy from the game and advised him to clear his bench area. Jeremy continued to argue with Abiodun over the call after being ejected. Abiodun advised Jeremy if he did not clear his team's bench area the game would be ended. At this time Jeremy approached Abiodun and bumped him with his stomach. Abiodun further related Jeremy began to incite the crowd against him because of the call. Abiodun agreed to sign a Quasi Complaint for Breach of Peace against Jeremy and he was issued a Town of Cicero Court date (07/19/16 at 2:00
Syme, D. (1997). Martin Bryant's Sentence- What the judge said, Retrieved 5 July, 2003, from http://www.geniac.net/portarthur/sentence.htm. 7. The Australian Encyclopaedia.
Sexual assault, abuse, and rape by athletes is a devastating crime. These crimes by themselves are horrendous, but when committed by athletes there are many different factors involved. Through extensive research this paper will show contributing factors that may result in assault, abuse, or rape by athletes. Special treatment for athletes throughout their career, belief in sexual male dominance, and the role of alcohol are all important factors. Other crucial factors are the attitudes and responses of: society, juries, victims, coaches, and athletes. This paper will explore all these issues and show that changes need to be made in all the areas to combat the growing percentages of sport assault, abuse, and rape against women.
Initially this argues that many athletes will make themselves believe that a doctor knows better than oneself does. Aly Raisman shows how in the Nassar case, the action of not believing a child lead to a far larger and serious case then what could have been prevented. Athletes should not have to fear that one day at practice they would be the next victim, that they would be hurt by an adult or other athlete in an act of sexual abuse. In the book, Human Rights in Youth Sport, it states, “Individuals who occupy an important place of trust in the lives of children, must protected, not put them in jeopardy or harm them”(David,14). Meaning, not only is it a parents job to secure the safety of their children but also the job of the other adult who choose to work around young athletes, those adults make the
In a moral context, it is important to understand the extension of unethical conduct on the field to the inevitable corruption of personal life that becomes part of societal interaction. This type of behavior can extend to sexual misconduct (rape, marital infidelity, etc.), violence, and criminal activity. In modern sporting culture, the popularity and great success of athletes tends to tempt tem into thinking that the game they play is also being played in their personal lives. This form of public personae affects the way they view lawful conduct and morality as a means to achieve success in family life, personal choices, and the management of their daily activities off the field. The public image dictates the way they interact with other people outside of their professional careers. More so, the promotion of immoral and unethical behaviors in sporting institutions set another precedent in which athletes are encouraged to behave through a gamesmanship model. The enculturation of corrupt business practices tend to create a culture of winning as the primary goal of attaining greater wealth and financial prosperity over the sportsmanship qualities that can increase the ethical and moral culture of athletic performance. These moral aspects of off-field behavior define the underlying extension of gamesmanship as a part of immoral behavior by professional athletes:
...y sportsman’s responsibility to ensure that they do not cheat. However, Humphrey acknowledges the issue of cheating within sport. Nonetheless, so too in life are there people who cheat the system, and don’t obey the laws. Hence this allows the sportsmen to learn how to deal with cheaters and have a better understanding of how to approach the situation when faced with such foulness.