Ben Flower assault on Lance Hohaia – could a criminal charge follow?
15th October, 2014
The Rugby Football League's disciplinary tribunal has announced that Ben Flower of Wigan Warriors has been banned until April 2015 after pleading guilty to the most serious Grade F offence: violent and aggressive punching.
Members of the public have made complaints after witnessing Flower’s assault on Lance Hohaia during Saturday’s Super League Grand Final.
This could result in a criminal investigation despite the fact that Hohaia himself has made no formal complaint.
What charges could potentially be brought against Flower as a result of his actions?
The most obvious offence would be assault occasioning actually bodily harm. The second punch by Flower to Hohaia whilst Hohaia is laid on the ground on his back is the most troublesome for Flower.
There is no threat to Flower at this point, given Hohaia is laid on the ground motionless and possibly concussed from the previous blow that he had received.
For the same reason it would also be difficult for Flower to argue that this second punch was thrown in the midst of the contact sport, or that it was part of the necessary and unavoidable contact that is part of Rugby League.
Can charges be brought without a complaint from the victim?
Despite the fact that Hohaia does not wish to make a complaint, this does not mean that the police could not commence an investigation, or that the Crown Prosecution Service could not make a decision to charge. The assault was witnessed by spectators attending the event and was shown on national television.
The police could also charge Flower with a Public Order offence. This is a less serious charge than an assault. The Police would need a witness to make a complaint to them, and that witness would need to allege that they have suffered harassment, alarm or distress as a result of Flower’s conduct.
What would have happened had this taken place elsewhere?
If the same incident had not occurred during a sporting event there is no question that the police would have taken action.
The likelihood, however, as to whether the police will get involved and begin a formal investigation into Flower’s assault on Hohaia is questionable.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.
