Assault during a rugby match

[Derek Smith]

I've just been told by a referee jut back from a coaching course where he was told by an RFU official that there is no offence of assault if a player assaults an opposing player during normal play. Specifically, this was about a player kicking a player in the head and then stamping on him. The injury amounted to a broken cheek.

I'm aware of a number of cases in the 90s and 00s where players have been charged, found guilty and sentenced to a prison term of a year or so. I was wondering if there is anyone who could give me any decisions in law.

Thank you.

I'm not going to report anyone, but if right will give the RFU chap, whom I know and am friendly with, a heads up.

That said, he's been told it on a course himself I bet.

[Bigends]

If its during the course of open play then its unlikely a player would be convicted - thats not to say any reported assault wouldn't be recorded and investigated by the Police

[citizensm1th]

you cannot consent to assault so yes it would be assault

I give you operation spanner as proof of this

[Jasandjules]

Kicking a player in the head would be outside of volenti non fit injuria and I would expect to be actionable.

[citizensm1th]

http://www.leicestermercury.co.uk/Amateur-rugby-pl...

https://www.google.co.uk/#safe=off&q=rugby+pla...



google is your friend

[citizensm1th]

I once played against Portsmouth police for the I.O.W rugby club, never have I been involved in a dirtier more violent game blood snot and tears everywhere it was great.

[Bigends]

Lad in my force was jailed some years back for headbutting an opposing player off the ball - right in front of our Deputy Chief constable. He was a decorated army veteran and a good cop - had a real sh*t time in prison

[Greendubber]

citizensm1th said:

I once played against Portsmouth police for the I.O.W rugby club, never have I been involved in a dirtier more violent game blood snot and tears everywhere it was great.

I played for my force against some army types from Hereford and we were in a right state in the bar afterwards.

Best game ever!

[Derek Smith]

citizensm1th said:

http://www.leicestermercury.co.uk/Amateur-rugby-pl...

https://www.google.co.uk/#safe=off&q=rugby+pla...



google is your friend

Thanks for that, but there are no decisions of appeal courts.

There was a clear statement by the the CPS top bod but still no decisions.

[Phil Dicky]

citizensm1th said:

I once played against Portsmouth police for the I.O.W rugby club, never have I been involved in a dirtier more violent game blood snot and tears everywhere it was great.

Played in a game once..West Yorkshire Police against West Yorkshire Fire Service......that's was interesting

[Wacky Racer]

What about Roy Keane's infamous "tackle"...?

https://www.youtube.com/watch?v=p_st29mlQwU

[citizensm1th]

Derek Smith said:

citizensm1th said:

http://www.leicestermercury.co.uk/Amateur-rugby-pl...

https://www.google.co.uk/#safe=off&q=rugby+pla...



google is your friend

Thanks for that, but there are no decisions of appeal courts.

There was a clear statement by the the CPS top bod but still no decisions.

Id say people going to jail is pretty clear your mate has it wrong

[Derek Smith]

citizensm1th said:

Id say people going to jail is pretty clear your mate has it wrong

Many of the cases have been off the ball incidents. We were talking about a match we played last week when we had two of our players off for three weeks or so and another for the rest of the season after being 1/ kicked in the head then stamped on in the ruck, 2/ kneed in the face, fracturing the eye socket, after a failed tackle in the goal area, and 3/ being back-heeled in the ruck.

All done by the same player, so we feel it was calculated.

I said that the middle one was GBH but was told that as the ball was near, even though the try had been given, it was during play and therefore no offence.

So very specific, although rubbish in my mind. You do not consent to being injured deliberately.

[SamHH]

Derek Smith said:

Thanks for that, but there are no decisions of appeal courts.

There was a clear statement by the the CPS top bod but still no decisions.

http://www.bailii.org/ew/cases/EWCA/Crim/2004/3246.html

This case contains a good summary of the law. See especially paras 12-16.

Lord Woolf said:

In making a judgment as to whether conduct is criminal or not, it has to be borne in mind that, in highly competitive sports, conduct outside the rules can be expected to occur in the heat of the moment, and even if the conduct justifies not only being penalised but also a warning or even a sending off, it still may not reach the threshold level required for it to be criminal. That level is an objective one and does not depend upon the views of individual players. The type of the sport, the level at which it is played, the nature of the act, the degree of force used, the extent of the risk of injury, the state of mind of the defendant are all likely to be relevant in determining whether the defendant's actions go beyond the threshold.

[Derek Smith]

SamHH said:

Derek Smith said:

Thanks for that, but there are no decisions of appeal courts.

There was a clear statement by the the CPS top bod but still no decisions.

http://www.bailii.org/ew/cases/EWCA/Crim/2004/3246.html

This case contains a good summary of the law. See especially paras 12-16.

Lord Woolf said:

In making a judgment as to whether conduct is criminal or not, it has to be borne in mind that, in highly competitive sports, conduct outside the rules can be expected to occur in the heat of the moment, and even if the conduct justifies not only being penalised but also a warning or even a sending off, it still may not reach the threshold level required for it to be criminal. That level is an objective one and does not depend upon the views of individual players. The type of the sport, the level at which it is played, the nature of the act, the degree of force used, the extent of the risk of injury, the state of mind of the defendant are all likely to be relevant in determining whether the defendant's actions go beyond the threshold.

Thanks for that. Explains things clearly.

I'll tell the guy to reword what he says.

[SVTRick]

Call your opposite number a "Gipsy Boy" and see what the officials say

[XCP]

Greendubber said:

citizensm1th said:

I once played against Portsmouth police for the I.O.W rugby club, never have I been involved in a dirtier more violent game blood snot and tears everywhere it was great.

I played for my force against some army types from Hereford and we were in a right state in the bar afterwards.

Best game ever!

Been there and done that at Hereford!
I played police rugby for 20 plus years and the levels of violence in inter police games were by far the worst I ever experienced. Still, kept us fit I suppose!

[Starfighter]

A coworker was subject to a nasty tackle that landed him on his head, it was deliberate. He smacked the player responsible, a single punch and walked away. The ref did nothing. The GBH with intent charge stuck and he served 9 months. Nice guy, good Engineer.

http://www.independent.co.uk/sport/forward-jailed-...

[98elise]

citizensm1th said:

you cannot consent to assault so yes it would be assault

I give you operation spanner as proof of this

Boxing or MMA?

I suspect it more to do with what the rules of the sport say, beyond that then of course a person could be convicted of assault.

[SamHH]

98elise said:

Boxing or MMA?

I suspect it more to do with what the rules of the sport say, beyond that then of course a person could be convicted of assault.

As explained in the case I linked to, the rules of the sport are relevant to but not decisive of a participant's criminal liablity. Conduct that is within the rules of the sport may be criminal; conduct that goes beyond the rules of the sport may not be criminal.