Tim Mellor: Footy violence and what the law says

CRIMINAL charges, or a civil case — the law is clear when things get rough on the footy field and sport turns into thuggery and violence.

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LIKE many people, I reacted to West Coast midfielder Andrew Gaff’s sickening round-arm blow to Fremantle’s Andrew Brayshaw with dismay and disgust.

I was similarly appalled by the image of Carl Teusner’s broken jaw at the hands (or knee) of Adam Jones in the Adelaide Footy League.

These cases demonstrate that behaviour of this sort occurs at all levels of sport.

While both players have been dealt with by their league’s disciplinary bodies, it is worth reflecting on the legal consequences of this sort of behaviour on the sporting field.

The law is relatively clear.

Salisbury West captain Adam Jones received a lifetime ban after he was reported multiple times for striking, kicking and undue rough play in a game against Trinity Old Scholars. Picture: Brad Fleet

Trinity Old Scholars player Carl Teusner wound up in hospital with a broken jaw.

If you go on to the football field, you accept the fact that you may well be subject to physical attention of a type which would constitute an assault if you were simply walking down Rundle Mall.

However, a person on the football field or any other sporting arena is clearly entitled to a level of protection.

The fact is that conduct which is outside the rules of any particular sport can have serious legal ramifications for the perpetrator.

Action which goes beyond the usual rough and tumble under the rules of the sport in question may well be the basis of criminal charges for assault.

This is a serious charge which, in some cases and circumstances, would warrant prison time.

In the Brayshaw/Gaff case there appears to be no appetite to take it further.

However, it is not just a matter for the victim to choose.

Police can decide to prosecute regardless of the views of the victim.

The big stick can also come out in an action for damages.

This may be brought under the Criminal Injuries Compensation Act, under which the state makes a payment to victims of crime.

The state may then look to get the money back from the guilty party.

The victim may also sue for civil damages for the assault.

The money awarded in these cases can include damages for loss of earnings, medical treatment — including future care — and general damages for pain and suffering.

In many cases this could run into tens of thousands of dollars.

The involvement of the law in the sporting arena should only occur in limited circumstances.

However, a major function of the law is to direct and control behaviour to avoid danger to the community.

The entry of the law on to the football field falls into that category.

A couple of prosecutions or civil actions in appropriate circumstances should provide a level of general deterrence.

This would be to the benefit of Australian rules football as a whole.

Tim Mellor is the President of the Law Society of SA