sport

• if there was no defence of consent in 'properly conducted games and sports', then team games such as soccer, hockey and rugby would never be able to be played-- this also includes judo, karate and boxing
• The most important phrase in judgments of consent in physical sports is 'properly conducted games and sports'. There has to be a distinction between playing within the rules and behaviour that is outside the rules. A deliberate off the ball tackle or move with the intention to cause serious injury must be considered criminal behavior.
• The case of r v Barnes sets out matters which were to be considered in deciding whether an assault in the course of a match was criminal:

  1. intentional infliction of injury will always be criminal
  2. in reckless infliction of injury, it must be asked if the injury occurred during actual play, a moment of temper, or over excitement when the play had ceased.
  3. off the ball injuries are most likely criminal
  4. The fact that the play is within the rules and practice of the game and doesn't go beyond them will be a firm indication that the happening is NOT criminal.
• By applying the factors from r v Barnes, a good balance should be achieved between allowing contact sports to being played without unnecessasary restrictions on their rules and upholding the criminal law on assault.
• only those who deliberately inflict injury or who go beyond the rules of the game should be liable under criminal law.