Academic Affairs College of Osteopathic Medicine of the Pacific


Academic Affairs College of Osteopathic Medicine of the Pacific

Supreme Court of Canada Home Decisions and Resources Supreme Court Judgments R. v. Barnes This page contains a form to search the Supreme Court of Canada case information database. You can search by the SCC 5-digit case number, by name or word in the style of cause, or by file number from the appeal court.


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R v Barnes [2005] Crim LR 381 Case Summary Law Cases Criminal Law Cases Consent and Assaults Cases R v Barnes [2005] Crim LR 381 By Oxbridge Law Team Updated 04/01/2024 07:03 Reviewed By Oxbridge Law Team Judgement for the case R v Barnes Claim every advantage to get a first in law


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R v Barnes [2004] EWCA Crim 3246. Criminal law - Assault - Inflicting grievous bodily harm in the course of sport. Facts. The appellant was an amateur footballer. He was playing a football match, went in for a tackle and seriously injured his opponent's leg.


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The case of R v Barnes [2004] EWCA Crim 3246 which involved a reckless and unnecessary, late tackle during a football match, stated that even conduct outside of the rules of the game may not be criminal. The Court held that an instinctive error, reaction or misjudgment in the heat of a game should not be classed as criminal activity.


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Following the Court of Appeal's judgment in R v Barnes it was argued that on-the-ball contacts in sport, in breach of the rules of the game, were unlikely to be classed as criminal. It was perceived that these types of injury-causing acts were not sufficiently grave to warrant criminality and were better regulated internally or by the civil law.


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The leading case of R v Barnes provided some clarification as to when an action under criminal law can be taken in regards to sports injuries. Lord Woolf stated that in deciding whether conduct is criminal, it must be taken into account that in highly competitive sports, conduct outside the rules of the game can be expected in the heat of the.


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R v Barnes: Non-Interventionist Approach The reluctance of the English courts to find athletes criminally liable for acts committed on the field of play (certainly for " on-the-ball " offences) was typified by the Court of Appeal in the seminal case of R v Barnes [2004] EWCA 3246.


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R v Barnes Reference: [2004] EWCA Crim 3246; [2005] 1 WLR 910; The Times, 10 January 2005 Court: Court of Appeal (Criminal Division) Judge: Lord Woolf LCJ, Cresswell LJ, Simon J Date of judgment: 9 Dec 2004


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Following the Court of Appeal's judgment in R v Barnes it was argued that on-the-ball contacts in sport, in breach of the rules of the game, were unlikely to be classed as criminal. It was perceived that these types of injury-causing acts were not sufficiently grave to warrant criminality and were better regulated internally or by the civil law.


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R v Johnson (1986) 8 Cr App R (S) 343. 26. The Criminal Injuries Compensation Scheme is a government funded scheme that allows blameless victims of violent crime to get a financial award. The Criminal Injuries Compensation Authority is the government body responsible for administering the Criminal Injuries Compensation Scheme (latest version.


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Key point Participants in contact sports are deemed to consent to a reasonable risk of harm Facts D was an amateur footballer who injured an opposing player when he went in for a tackle D was convicted with inflicting grievous bodily harm under s. 20 OAPA Held (Court of Appeal)


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Philip Ben Barnes Appellant v. Her Majesty The Queen Respondent Indexed as: R. v. Barnes File No.: 21956. 1990: October 31; 1991: February 28. Present: Lamer C.J. and Wilson, La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin and Stevenson JJ. on appeal from the court of appeal for british columbia


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Similarly in R v Barnes (2004) the defendant was initially convicted of "maliciously inflicting grievous bodily harm" although after appeal the conviction was quashed. Lord Woolf concluded that, due to recent influx in cases, conduct should be classed as criminal when the injury inflicted is significantly "grave" [29] - however this.