Contents

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JCL 71 (2007) 520

Juries and extraneous material: a question of integrity
Nicola Haralambous

This article challenges the unconditional faith seemingly placed on juries by the judiciary. Despite the prohibition on investigation into jury deliberations, a number of important cases have come to light which invite questions on the extent to which we can be sure that juries follow judicial directions. This article explores the recent case law in which juries may have relied upon extraneous material or other external influences and, finally, briefly compares such impropriety with the use of jurors with specialised knowledge.

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JCL 71 (2007) 534

A different ball-game?why the nature of consent in contact sports undermines a unitary approach
Ben Livings

The criminal offences to which consent may act as a defence fall into three distinct groups: those against property, sexual offences against the person and non-sexual offences against the person. This article posits a counterpoint to calls for a consistent application of the defence across the various offences to which it may apply, exploring the role of consent as it applies as a defence to violent criminal assaults, and particularly those committed during sport. It further examines the way in which the civil courts have approached consent in largely similar contexts, when assessing claims in negligence arising from personal injury caused by violence in the sporting arena, and juxtaposes and compares the civil and criminal approaches. Sport can provide problematic and anomalous situations with regard to the law, and it is submitted that this is better acknowledged in the civil law, where the courts have more readily considered revisions to substantive legal principles.

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Links to other issues

Volume 65 (2001) :   1   2   3   4   5   6

Volume 66 (2002) :   1   2   3   4   5   6

Volume 67 (2003) :   1   2   3   4   5   6

Volume 68 (2004) :   1   2   3   4   5   6

Volume 69 (2005) :   1   2   3   4   5   6

Volume 70 (2006) :   1   2   3   4   5   6

Volume 71 (2007) :   1   2   3   4   5   6

Volume 72 (2008) :   1   2   3   4   5   6

Volume 73 (2009) :   1   2   3   4   6

Volume 74 (2010) :   1   2   3   4

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