Consent As An Effective Defence
In properly regulated sport, there is a legal right to cause incidental injury. This is a criminal law version of the civil law principle volenti non fit injuria (Latin for consent does not make an injury) and the victim consents to run the risk (not the certainty) of injury arising within the rules of the game being played. This does not give sport a license to enact rules permitting acts that are clearly, excessively and maliciously violent. Even professional sport should have an element of fun while the players are, in the more extreme cases, given criminal as well as civil law protection (see R v Johnson (1986) 8 Cr App R (S) 343 and R v Lloyd (1989) CLR 513 dealing with injuries inflicted on the rugby field in "off the ball" incidents). Thus, the consent in licensed boxing events is to intentional harm within the rules and a blow struck between rounds would be an assault.
Read more about this topic: Consent (criminal Law)
Famous quotes containing the words consent, effective and/or defence:
“The rule for every man is, not to depend on the education which other men have prepared for him,—not even to consent to it; but to strive to see things as they are, and to be himself as he is. Defeat lies in self-surrender.”
—Woodrow Wilson (1856–1924)
“[Humanity] has unquestionably one really effective weapon—laughter. Power, money, persuasion, supplication, persecution—these can lift at a colossal humbug—push it a little—weaken it a little, century by century; but only laughter can blow it to rags and atoms at a blast. Against the assault of laughter nothing can stand.”
—Mark Twain [Samuel Langhorne Clemens] (1835–1910)
“They aroused me to a determination to understand more fully the position of women, and the character of those men who talk so much of the need of our being “protected”Mremoving from us, meanwhile, what are often the very weapons of our defence [sic], occupations, and proper and encouraging remuneration.”
—Harriot K. Hunt (1805–1875)