Police Jurisdiction For On Field Assaults

[Phil McCreviss]

I have raised this question on the Geelong board and I am unsure if anyone there knew the answer. If there are any police or law experts here, feel free to post.

The question is do police have jurisdiction to charge a player with assault if the action is deemed to be outside the natural course of the game? If the answer is yes, then Leigh Matthews has been the only player to have a criminal conviction next to his name in the last 23 years - yet there have been numerous behind the play king hits and incidents since then that police have not investigated. Secondly, is it the victim who needs to susbtantiate the evidence to proceed with the charges or is this simply the Crown presenting prima facie evidence to validate the case going ahead?

Now I am sure police saw the footage of the Hall incident yet there was no police involvement whatsoever. So how is this incident different to what happened with Matthews and Bruns? Now I am not trying to condone what Matthews or Hall has done - just need some explanation of the law in regards to this matter.

 

[Illinois Nazi]

I believe such a matter could be undertaken by the police if they wanted to, but it is considered to be not in the public interest to do so.

 

[Badesumofu]

If the person on the recieving end makes a complaint, they absolutely can. Had Staker made an official complaint, Barry Hall could be in serious trouble.

An incident that part of play, it's highly unlikely that the Police would follow it up even if a player did make a complaint. Anything that happens behind play, though, all it would take is a player to make an oficial complaint. There's a sort of unofficial agreement that you don't make a complaint.

I believe it's the same as in the UK, the victim has to make an official complaint or the Police can't really do anything.

 

[huggy_b]

The victim has to press charges.

 

[Father Jack]

Can Port press charges for what Geelong did to them on Grand Final day?

 

[Bhoularouj]

yes id call that rapige

 

[JUBJUB]

Can Port press charges for what Geelong did to them on Grand Final day?

Perhaps the cops could also charge Port players with impersonating footballers on that day

 

[huggy_b]

Can Port press charges for what Geelong did to them on Grand Final day?

No, their was consent. Port bent over and pushed back.

 

[Bhoularouj]

Thats still rapige, doesnt matter what they have to say yabba dabba do

 

[jolimont]

a sad day for football if that ever happens

 

[Adrian Shelton]

Its happened in a few country games i think. Im guessing it did in the Cairns and Alice Springs GF rumbles

 

[Bhoularouj]

^^^^^Do you go for the swans, becuase you seem very much on big bad bustling bonehead busty basher brawler ballbag barrys side^^^^ jolimont i meen

 

[jolimont]

i dont think what he did was right, but after all the media hysteria with every man and his hairdresser having a sob over the punch, i think the situation is bloody ridiculous. Its footy, not twiddlywinks...chop chop says harden the ____ up australia

 

[Illinois Nazi]

A complaint is not actually required, but proving a case without the co-operation of the victim is generally difficult and generally considered not worth the effort.

In this case Hall could probably be convicted as there is video of the incident, so Staker's co-operation would be less crucial. But taking such action would cause the police more hassle than it's worth.

So they could, but they won't.

It would be interesting to see where the line would be for police to step in. Presumably if one player hit another and killed him they'd take action, so where is the point at which it becomes in the public interest to lay charges? A player is knocked into a coma? Suffers permanent brain damage? Knock someone out then start laying the boots in? Hopefully we'll never have to find out, but it's an interesting hypothetical.

 

[Pride of SA]

wifes a partner in a law firm - no interest in football.

I went and asked her and she said its not beyond the realms of possibility to convict someone of assualt for a Barry Hall-like incident, but it would be unusual, because most judges would see it as both players still effectively concede the AFL to police what happens to them when they cross the line.

even where things that are outside of the rules like the Hall punch because they accept that the players AFL has the power to punish and discipline for reasonably forseeable occurances, and a punch would probably be seen as reasonably forseeable.

Had it been near the interchange and a player had say picked up a chair and clocked another player or something similar then assault would be almost certain. Its a grey area and obviously always depends on the judge you get. You might get some old judge who thinks football is for bogons and happy to punish them, or someone more liberal who views it differently.

(wife will probably read this and say I got it completely wrong, but thats the gist of what she told me )

 

[Lukesta63]

It's amazing isn't it!
I could be on the other side of the fence(off-field that is) and break someone's jaw,and be charged with assault and even greivous bodily harm.
Put a footy jumper on and it's all o.k.

 

[patsmith]

Had serious damage been done, Hall probably would have been in trouble. As it stands, the police don't really need to interject.

 

[ViperV10]

Totally different sport, and totally different scenario - but with the anti-hoon laws in Victoria, the police can lawfully take away racing cars if they perform a burnout, break traction etc. This can happen despite the motor racing event being on private land.

If this can lawfully happen in racing, what is to stop an assault charge - a much more serious offence - from being brought against a footballer?

 

[TheGong]

Hope not.

We would have trouble getting enough players for a team in the Rugby codes.