Mapa mental
R v Barnes
Contenido del mapa
R v Barnes
Links to source
- 5
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
- First Instance
Properly conducted sport
- Rules
- Beyond normal punishment
- Being sent off doesn't necessarily mean it was criminal behaviour
- Beyond normal punishment
- Depends on the sport
- Rules
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
Links to other cases
- Coney 1982
- Billinghurst 1978
- Attorney General Reference 1980
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
- Level of harm is different for each sport
Información
- Descripción
- Cases for OCR exam, Special Studies paper on the defence of consent
- Creado por
- ellenclare
- Visitas
- 45
- Etiquetas
- Valoración