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

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.