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Jux

Juniors
Messages
37
I know there are a few of you out there, so I was wondering if you could explain something to a lay person.

If Roy Bell is used as a fullback, and Shane Tronc busts the line and has only him to beat, can Arthur Katinas be charged with negligent homicide ?

Alternatively, if Arthur asks Roy to play hooker and to mark up against Paul Rahihi, could Katinas be guilty of attempted murder ?
 

macavity

Referee
Messages
20,556
:lol: :lol: :lol:

Im only a student but the answer is no..... but it IS an interesting point. It might be a breach of his (Kitinas') duty of care, or willful endangerment though.... cant think of any cases dealing with even remotely similar content off the top of my head. I am sure that there would be some sort of indemnity clause in NRL contracts though...

That would have to be the skinniest dude I have ever seen in grade football. I thought he was going to get broken in half. Must be a pretty gutsy guy! :clap:
 

RICHO

Juniors
Messages
1,876
NRL players must be responsible for their own actions. Therefore, it is not the fault of the coach if someone hurts themself playing out of position.

In junior league it's a different story.
The coach is responsible for a lot more in this case (i.e. tall skinny fella's shouldn't be packing into a scrum).
 

Fibroman

First Grade
Messages
8,216
Playing sport is a statutory defence to assault, although there does not necessarily have to be an assault to be a murder. An inaction can lead to the charge of murder. Eg. By the Penrith team not tackling,and John Lang having a heart attack and dying, any one or all of the Penrith players may be guilty of at least Manslaughter. :oops:
 

_Johnsy

Referee
Messages
27,807
The problem is consent. Say you go to a shopping centre and someone bumps in to you, technically its assault, but you have given tactic consent by going to a shopping centre. Essentialy if you go anywhere or play anything and it is a reasonable consequence that you may be touched (shopping) or tackled/injured (footy) you have no grounds to file a complaint. Unless, you can prove that the person intentionally intended to do you harm, not such an easy thing to do on a footy field.

I have just done an assignment at work on this very topic ( investigting assault complaints) I'm happy to email parts of it to anyone who would like a squizz. Interesting topic indeed. For your own reading have a look at criminal law bulletins.
 

JJ

Immortal
Messages
32,112
Jux said:
I know there are a few of you out there, so I was wondering if you could explain something to a lay person.

If Roy Bell is used as a fullback, and Shane Tronc busts the line and has only him to beat, can Arthur Katinas be charged with negligent homicide ?

Alternatively, if Arthur asks Roy to play hooker and to mark up against Paul Rahihi, could Katinas be guilty of attempted murder ?

Hmmmmm, the most intrigueing post I've seen in ages...

I'm no lawyer, but:
1. Surely there is health and safety legislation that would be applicable in this kind of situation - over here (NZ) health and safety risks must be minimised or eliminated once identified - not good news for Messrs Tronc and Rauhihi!
2. Surely insurance companies should also have some input into team selections then? Katinas (or at least Souths or the NRL) would not be their most popular clients with selections like that!!
 

Hazy

Juniors
Messages
157
Roy Bell has assumed some responsibility by agreeing to play.

Kitinas has a duty of care to Bell and all players (his and the oppositions) and Tronc has a duty of care to Bell (and everyone else) as well.

Remember Bugden and Rogers? Rogers did agree to being tackled by Bugden (within the rules of the game), but not to being used as a punching bag.
 

Fibroman

First Grade
Messages
8,216
Parramatta paid the fine for Bugden, because he was sent out there and given strict instructions to take Rogers out of the game, one way or another.
 

Paullyboy

Coach
Messages
10,473
Tamazoid said:
Roy Bell? Anyone got a photo?

I couldnt find any of him in his jersey, but this was taken just before warm-up the other day

baby.jpg
 
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