Five assaults in sports

McNamara v Duncan, 1971 (Civil Case)

In this case involving Australian Rules Football, a player sued a member of the opposing team

Evidence showed that the defendant struck the plaintiff on the head with an elbow, causing serious injury

The defendant claimed that because foul play was common to the game of Australian Football the injured player had consented to this behaviour.

The defence was rejected and damages were awarded.

In 1986 a rugby player (Johnson) was convicted of wounding another player in the game and served six months’ imprisonment. Johnson was legitimately tackled and in the struggle for the ball, bit off part off another player’s earlobe (R v Johnson (1986) 8 Cr App 12).

Explanation:

Assault - threat of violence

Battery - trespass to person (actual infliction of injury)

The Tort of Assault and Battery involves:

the direct application of force by one person on another person

no consent by the person who was hit

injury as a result

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