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Law and order in rugby

JohnKA

Bench Player
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Nov 10, 2014
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South Africa
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Sharks
I am not sure about this so iam going to ask you guys/girls .. if a player tackles another player and does it illgel like lifting the player and dropping him/her .. this is a red card offense yes ... so they will get banned ... but what if they do that and the other player dies because of this illegal tackle ? Jail time ?
 
All I can tell you is that there are several instances of players being charged in criminal courts when opponents have died as a result of the player's Dangerous Play.

http://www.theglobeandmail.com/news...ared-jail-time-in-rugby-death/article1199800/

and in RL

http://www.deseretnews.com/article/...-MANSLAUGHTER-AFTER-OPPONENT-DIES.html?pg=all

There have also been civil cases where death has not occurred, but permanent disability has; these involving referees

http://swarb.co.uk/richard-vowles-v-david-evans-and-the-welsh-rugby-union-limited-ca-11-mar-2003/

http://www.independent.co.uk/news/rugby-case-changes-rules-of-game-1305736.html
 
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It's clearly not a red card offence since Umaga and his mate were not sanctioned for the tackle on Brian O'Driscoll
 


Its an interesting question, not just in rugby, but at what point does something become no longer "foul play" and becomes "crimnal behaviour". Does the, for lack of a better word, victim have to instigate proceedings?

I seem to remember in a football match between Portsmouth and Man City, a Man City player smashed his forearm into the back of a Portsmouth players' head and in the fall out there were calls for the player to get charged with ABH.
 
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Its an interesting question, not just in rugby, but at what point does something become no longer "foul play" and becomes "crimnal behaviour". Does the, for lack of a better word, victim have to instigate proceedings?

I seem to remember in a football match between Portsmouth and Man City, a Man City player smashed his forearm into the back of a Portsmouth players' head and in the fall out there were calls for the player to get charged with ABH.


So, you're asking when does foul play become Criminal Intent (see what I did there?)


Its a fine line. If you were to carry out any kind of rugby tackle outside of a rugby game, that would be assault.

Here's some reading. I don't pretend to understand the intricacies

http://sportslaw.uslegal.com/tort-law/
 
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Well the dangerous tackle is a tough one, how dangerous, was it a deliberate and reckless act. it could be anything from a penalty to a yellow or red card or to a criminal charge.

Has any player faced assault charges for punching another player on the field of play?
 
I am not sure about this so iam going to ask you guys/girls .. if a player tackles another player and does it illgel like lifting the player and dropping him/her .. this is a red card offense yes ... so they will get banned ... but what if they do that and the other player dies because of this illegal tackle ? Jail time ?

Jail time will be the worst case scenario. And to get that far, you either have to have a very crap attorney, or a very stern judge presiding over the case.

I think at worst something like this could come down to manslaughter or assault with intent to cause bodily harm. And the jailtime for those offenses have a lot of holes and ways to avoid jailtime altogether.

In South African law, the condition of the person who died because of the tackle can also be used to the defendant's aid. The term is called the "cracked-skull"-condition and if there were something wrong with that person that could cause him to get hurt worse than a normal person it would also be taken into consideration.

I think it will have to be a serious malicious act to cause it to go as far as a criminal trial.
 

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