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Written Example of a Case Note

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This document provides a written example of a case note in order for the reader to understand the way in which cases are broken down to extract key information.

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  • August 2, 2024
  • 2
  • 2021/2022
  • Lecture notes
  • Noel mcguirk
  • Topic 1
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T i t l e
a n d
C i t a t i o n
R
v
Barnes
[2004]
EWCA
Crim
3246;
[2005]
1
WLR
910;
The
Times,
10
January
2005
P a r t i e s
Appellant

Mark
Barnes
Respondent

Regina
(the
Crown)
P r o c e d u r a l
H i s t o r y
This
case
was
on
appeal
from
the
Crown
Court
at
Canterbury
to
the
Court
of
Appeal.
The
appellant
was
convicted
on
one
count
of
unlawfully
and
maliciously
inflicting
grievous
bodily
harm
(GBH)
contrary
to
section
20
of
the
Offences
Against
the
Person
Act
1861
(OAP).
The
appellant
raised
seven
core
issues
on
appeal
but
centred
on
the
trial
judge’s
summing
up
to
the
jury
and
his
explanation
in
response
to
a
juror’s
question,
where
the
appellant
contended
the
trial
judge
failed
to
identify
the
facts
that
the
prosecution
had
to
have
proved
before
they
were
entitled
to
convict.
M a t e r i a l
F a c t s
The
appellant
inflicted
a
serious
leg
injury
upon
the
victim
whilst
attempting
to
make
a
‘sliding
tackle’
during
an
amateur
football
match.
The
appellant
accepted
that
the
tackle
had
been
hard,
but
maintained
that
it
had
been
‘fair’,
and
that
the
injury
caused
had
been
purely
accidental.
Q u e s t i o n
o f
L a w / I s s u e s
“…when
it
is
appropriate
for
criminal
proceedings
to
be
instituted
after
an
injury
is
caused
to
one
player
by
another
player
in
the
course
of
a
sporting
event…”
A p p e l l a n t ’ s
A r g u m e n t
The
appellant
contended
that
his
conduct
during
the
game
was
not
sufficient
to
constitute
a
criminal
offence
as
the
injured
victim
had
consented
by
playing
in
the
game
to
run
the
risk
of
injury.
R e s p o n d e n t ’ s
A r g u m e n t
The
respondent
contended
that
when
bodily
harm
is
caused,
consent
cannot
be
a
defence
because
it
has
long
been
established
in
case
law
that
a
person
cannot
consent
to
having
bodily
harm
inflicted
upon
them
(exceptional
situations
apart).
D e c i s i o n
o f
t h e
C o u r t
“In
determining
what
the
approach
of
the
courts
should
be,
the
starting
point
is
the
fact
that
most
organised
sports
have
their
own
disciplinary
procedures
for
enforcing
their
particular
rules
and
standards
of
conduct.
As
a
result,
in
the
majority
of
situations
there
is
not
only
no
need
for
criminal
proceedings,
it
is
undesirable
that
there
should
be
any
criminal
proceedings.
Further,
in
addition
to
a
criminal
prosecution,
there
is
the
possibility
of
an
injured
player
obtaining
damages
in
a
civil
action
from
another
player,
if
that
other
player

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