R v Barnes

R v Barnes

Links to source
1. 5
Trial
1. First Instance
  1. Crown court
  2. Injury was reckless
    1. Assualt
  3. Prosecution had to prove that what happened was not part of the legitimate sport
    1. Lord Woolf
  4. Legitimate sport
2. Defence
  1. Fair challenge
  2. Accidental injury
  3. In the course of play
  4. Judges summing up was unsafe and inadequate
    1. Appeal
3. Court of Appeal
  1. Quashed conviction
  2. Civil prosecution
  3. Accepted appeal
  4. Conduct needs to be criminal
  5. Gave a list of things the judge must consider
4. Outcome and why
  1. Offered clarification of the law
  2. Conviction was quashed
  3. Rules of the game
  4. Should have been a civil action
Properly conducted sport
1. Rules
  1. Beyond normal punishment
    1. Being sent off doesn't necessarily mean it was criminal behaviour
2. Depends on the sport
Actions are criminal
1. Extent to the risk of injury
2. Nature of the act
3. State of mind the defendant was in
4. Degree of force
5. Type of force
6. Level at which the sport is played
Links to other cases
1. Coney 1982
2. Billinghurst 1978
3. Attorney General Reference 1980
  Attachments:
  - Attorney General Reference
Development of Consent
1. Level of harm is different for each sport
  1. Works on a case by case basis
2. Legitimate sport
3. Conduct of the defendant
  1. Grey area
  2. Within the sport rules or beyond the threshold
  3. Actions must be criminal

Resource summary

	Created by ellenclare about 8 years ago