Law Weblog

R v Barnes (2004) CA

Saturday 8 January 2005 at 3:36 pm | In News | Post Comment

[Assault – exceeding rules of game not always an assault]
D caused a serious leg injury during a tackle during an amateur football match. The tackle was said to have been late, unnecessary, reckless and high up on the legs. D stated that that whilst the tackle may well have been ‘hard’, it was a fair sliding tackle in the course of play, resulting in unintended accidental injury. 

Held: Criminal proceedings should be reserved for those situations where the conduct was sufficiently grave properly to be categorised as criminal. Most sports had their own disciplinary procedures that would cater for improper behaviour on pitch. Physical injury was an inevitable risk of sport, and those participating consented to such injury. Even conduct outside of the rules of the game may not be criminal. An instinctive error, reaction or misjudgement in the heat of a game was not to be equated with criminal activity.

Not guilty