Criminal law and assaults in sport: an Australian and Canadian perspective

Abstract

Sports involving physical contact include situations which, without the implied consent of the players, would amount to an assault. There is, however, a limit to this implied consent, and on-field behaviour that exceeds the rules of a particular sport can leave a participant open to possible criminal charges. In Australia, however, judicial opinion has varied as to whether even a conviction should be recorded, while in others cases prison sentences have been imposed. It is suggested that the decision in the recent Canadian case of R v Bertuzzi [2004] BCPC 472, which involved a National Hockey League player, has provided adequate and appropriate punishment, and may therefore provide guidelines for future Australian cases involving assaults in a sporting contest.