판결 이유
Consent to physical contact in sport extends to contacts that are within the rules and playing culture of the game, even if technically foul. Criminal liability arises only for conduct sufficiently grave to be characterised as criminal, outside the reasonable expectations of the sport.
사실관계
During an amateur football match, the defendant made a late tackle that broke the victim's leg. He was convicted of inflicting grievous bodily harm. He appealed, arguing that the tackle, though a foul, was within the normal range of physical contact expected in football.
판결 요약
The Court of Appeal quashed the conviction. The court held that in contact sports, participants consent to contacts that occur within the rules or are reasonably incidental to the playing of the game. Criminal liability requires conduct that goes beyond what players can reasonably expect.
주요 인용문
"Most organised sports have their own disciplinary procedures for dealing with infractions of their rules. Criminal prosecutions should be reserved for grave conduct which is clearly beyond what could reasonably be expected in the course of the game."
— Lord Woolf CJ
후속 처리
The leading case on consent to injury in sport, cited in prosecutions arising from sporting incidents.