Criminal responsibility and sport

Davies, Chris (2011) Criminal responsibility and sport. In: Abstracts from 5th Annual Australian and New Zealand Critical Criminology Conference. p. 7. From: 5th Annual Australian and New Zealand Critical Criminology Conference, 7 - 8 July 2011, Cairns, QLD, Australia. (Unpublished)

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Sport, in particular the body contact sports, has seen participants being held criminally liable for on-field indiscretions. In Australia the law does appear to be quite settled in regard to when offences will not be covered by the implied consent defence, namely that participants consent to what is allowed within the playing rules of that sport, and any acceptable infringements of those rules. Any action on the playing field that goes beyond this, however, can lead to criminal liability and/or an action in torts. While match fixing is not new to sport, it would appear the recent increase in the opportunities to not only bet on matches, but also particular aspects of a match, may lead to an increase in match, and sport, fixing. This paper will therefore examine the question as to when it is appropriate that criminal liability should arise in sport, and whether the penalties that are imposed should include a custodial sentence. It is suggested that for on-field offenders custodial sentences are not appropriate for those with no previous convictions for violent offences. However, given the fact that fixing matches, or even an aspect of the match, undermines the integrity of sport, custodial sentences in some instances may be warranted for these offences.

Item ID: 20992
Item Type: Conference Item (Abstract / Summary)
Keywords: sports law
Date Deposited: 12 Apr 2012 01:04
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180199 Law not elsewhere classified @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified @ 100%
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