R v Barnes

R v Barnes

1. Links to source

   • 5

2. Trial

   • First Instance
     • Crown court
     • Injury was reckless
       • Assualt
     • Prosecution had to prove that what happened was not part of the legitimate sport
       • Lord Woolf
     • Legitimate sport
   • Defence
     • Fair challenge
     • Accidental injury
     • In the course of play
     • Judges summing up was unsafe and inadequate
       • Appeal
   • Court of Appeal
     • Quashed conviction
     • Civil prosecution
     • Accepted appeal
     • Conduct needs to be criminal
     • Gave a list of things the judge must consider
   • Outcome and why
     • Offered clarification of the law
     • Conviction was quashed
     • Rules of the game
     • Should have been a civil action

3. Properly conducted sport

   • Rules
     • Beyond normal punishment
       • Being sent off doesn't necessarily mean it was criminal behaviour
   • Depends on the sport

4. Actions are criminal

   • Extent to the risk of injury
   • Nature of the act
   • State of mind the defendant was in
   • Degree of force
   • Type of force
   • Level at which the sport is played

5. Links to other cases

   • Coney 1982
   • Billinghurst 1978
   • Attorney General Reference 1980
     • Attorney General Reference

6. Development of Consent

   • Level of harm is different for each sport
     • Works on a case by case basis
   • Legitimate sport
   • Conduct of the defendant
     • Grey area
     • Within the sport rules or beyond the threshold
     • Actions must be criminal