Barry Hall - OHS issue for AFL

[ROK Lobster]

There is a really interesting consensual violence case Brown that went to House of Lords (very appropriately as it involved some punters engaging in a bit of S&M).

That is an interesting case indeed.

[Bas]

Hall can't go to the dogs next year as OKeefe will be doing that, so as to replace Aker.

I though precedent was set with Leigh Matthews when he was charged with assault. Daryl Brohman playing for Qld also sued Les Boyd for common assault as well as a result of injuries he sustained in a game. Remember these matters were settled out of Court and therefore not held as law binding. The House of Lords, well they would have plenty of experience in S & M but hardly influential these days on our judicial system.

I would like to see the AFL found guilty of negligence though. They let the maggots out everyweek so how much more negligent can you be?

And they upset so many people!

[ScottH]

Given that Nicky D wasn't a team player, how do those in the inner sanctum, see Hall???

(BTW: I've hit someone at work. I was given many many pats on the back, and the victim, was just stunned. Never let of a party popper in my ear ever again.)

[connolly]

Hall can't go to the dogs next year as OKeefe will be doing that, so as to replace Aker.

I though precedent was set with Leigh Matthews when he was charged with assault. Daryl Brohman playing for Qld also sued Les Boyd for common assault as well as a result of injuries he sustained in a game. Remember these matters were settled out of Court and therefore not held as law binding. The House of Lords, well they would have plenty of experience in S & M but hardly influential these days on our judicial system.

I would like to see the AFL found guilty of negligence though. They let the maggots out everyweek so how much more negligent can you be?

And they upset so many people!

From memory Mathews pleaded guilty and didn't use a self defense or consent to violence defence. The decision in Coney (1882) held that in a prizefight there was no implied consent to assault. Oscar Wildes tormentor the Marquis of Queensbury conveniently cobbled together some rules to overcome that decision. The House of Lords in Brown is law in Australia in regard to Lord Mustill's view that boxing is lawful and an exception to the crimes of assault. Its a special case which stands outside the law of violence because of social tolerance. In regard to footy if someone is flattened by a good hip and shoulder or cleaned up by a pack there is an implied consent by the victim to that assault. However, if a coach directs a player to take out an opponent with an elbow or a punch or a player with intent or recklessly punches or elbows an opponent then clearly there is no consent to that kind of assault. Act such as those would not be outside the law of assault. Criminal or civil prosecutions could follow. If there is permanent injury as was claimed in the Jack case in tort then damages could be sought. In addition a club carries vicarious liability in tort and in OH&S legislation for the acts of its employees. If Big Beamish had broken Rutten's jaw all of this could come into play. Would the South Australian OH&S authorities bring a prosecution against an interstate club that had failed to exercise its duty of care or a player who as an employee in a workplace has failed to exercise a duty of care? If there was enough public heat then possibly.

[Legs Akimbo]

So, Connelly, RWO Chief Counsel, says there are precedents in case law, the club has a common law duty of care as well as OH&S regulations to consider.

Whatever the legalities, the club is in a position where this has gone beyond our place on the ladder and Hall's career and into more fundamental issues of responsibility and dare I say, ethics.

Watching Hall on TV last week, he was intelligent, lucid and quite accepting of responsibility for his past transgressions. Makes it all the more bizarre that a couple of weeks later he punches someone in the head again. Hard not to conclude he is not fully cognis mentis when on the field.

[Matimbo]

Then I guess it is ok. Do professional boxers sign a waiver before entering the ring?

Pornstars sign a waiver before entering the ring.

[AnnieH]

Funny.



If the club suspended him for four weeks (like I asked them to) after losing the Hawthorn game for us, we wouldn't be having this conversation.

The club have a duty of care to the fans.

Blind Barry's gotta go.

[Lohengrin]

Both Skilton and Schwass have said that he should go.