"Violence" In Sport and the Violenti non Fit Iniuria Defence: A Perspective on the Death of the Cricket Player Phil Hughes

Pieter Labuschagne

doi:10.17159/1727-3781/2018/v21i0a2409

Abstract

The article evaluates the defence of violenti non fit inuiria in sport with specific reference to the principle of bones mores or the good morals in society to tolerate injuries in sport. The increase occurrences of serious injuries in sport in the professional era, where sportsmen earn their livelihood from sport, necessitate a revisit of the existing situation. The death of the Australian cricket player, Phil Hughes, as a result of fast short-pitched bowling in cricket, has again put the spotlight on aggressive and excessive use of "violence" in sport. The malicious intent in sport, to harm and even kill an opponent, has warranted and necessitated the question as to whether there should be any difference in the manner in which the perpetrator of violence in sport should be treated compared to ordinary criminal law assault and murder offenders. In the article a two-pronged approach is suggested as a possible solution to deal with wrongfulness in cricket. 

Highlights

The occurrence of violence and injuries is not normally associated with sport and recreation
In the United States of America the perspective on violence in sport was fundamentally altered in 1975 when there was a violent altercation in hockey, which resulted in a criminal prosecution for assault in State v Forbes.[1]
If it is accepted that Abbott's threats were acceptable because they were made within the context of a game, would this imply that different standards are set for criminal law as opposed to incidents of violence in sport?

Summary

Introduction

The occurrence of violence and injuries is not normally associated with sport and recreation. In the United States of America the perspective on violence in sport was fundamentally altered in 1975 when there was a violent altercation in hockey, which resulted in a criminal prosecution for assault in State v Forbes (hereafter the State v Forbes case).[1] The perpetrator, David Forbes, struck his opponent, Henry Boucha, violently in the face and eyes with a hockey stick, causing serious injuries. In South Africa there have been relatively few incidents of violence or of assault in sport that have resulted in prosecution and litigation This is surprising given the intensity of some of the sporting codes and the accompanying overt intention to injure opponents. The subsequent discussion will analyse the coroner's inquest

Violence in sport: a perspective

Liability for injuries in sport and the defence of violenti non fit iniuria

Conclusion

Literature