Jimmy Jordan Case Study: Legal Issues in Sport, Leisure, and the Law

This case study examines the legal predicaments of James “Jimmy” Jordan, a professional basketball player, focusing on charges related to speeding, drunk driving, suspected links to organized crime, assault, and drug use. It applies relevant Australian laws, including the Alcohol Interlock Scheme, Road Traffic Act 1974, Misuse of Drugs Act 1981, and Criminal Code Act Compilation Act 1913, to determine Jimmy's potential liabilities and penalties. Furthermore, it discusses the vicarious liability of the Perth Panthers Basketball Club and potential actions for breach of contract, including termination and claims for damages, referencing relevant case law. The analysis concludes with the potential impact on Jimmy's career, endorsements, and selection to the National team.

Running head: SPORT LEISURE AND LAW
SPORT LEISURE AND LAW
Name of Student
Name of University
Author Note

1SPORT LEISURE AND LAW
Table of Contents
Part A...............................................................................................................................................2
Issues............................................................................................................................................2
Rule..............................................................................................................................................2
Application......................................................................................................................................3
Conclusion...................................................................................................................................5
Part 2................................................................................................................................................5
Reference.........................................................................................................................................7

2SPORT LEISURE AND LAW
Part A
Issues
In this case several issues can be found. The first issue can be identified as the charge of
Jimmy on offence relating to speeding and drink driving. The second issue is Jimmy’s suspicious
link to organized crime and import and distribution of ecstasy and GRHP-6. The third issue is the
charge of assault made against Jimmy for causing grievous bodily harm to an opponent after
receiving racial taunts. The final issue in the case is Jimmy’s drug test for cocaine from four
weeks ago.
Rule
Under the provisions of the rule 20 of the Australian Road Rules in a no-sign area the
default speed limit applies. The default limits mentioned in the rule are in a built up area the
default speed is 50 kph and outside a built up area it is 100 kph. Further under the Alcohol
Interlock Scheme the offence of speeding and/or drunk driving are penalized. Section 63 (1) (a)
and (c) of the scheme provides for the penalties for driving under alcohol influence to an extent
to be incapable of having proper control of vehicle as the disqualification from driving and
cancellation of license or learner’s permit. Section 64 (1) provides the penalization for driving
with an alcohol content of 0.08 as disqualification from driving and cancellation of license or
learner’s permit. Further under this scheme speeding more than 40kph of the default limit will
impose a fine of 24 penalty units where a penalty unit is equal to $50 (Transport.wa.gov.au,
2019). Under the Road Traffic Act 1974 imposes penalties on drink driving offences. For a BAC

3SPORT LEISURE AND LAW
reading level higher than 0.11 a minimum of 8 months of disqualification and a minimum fine of
$500 is imposed on the driver (Gotocourt.com.au, 2019).
Under the legislations of Western Australia selling or distributing drugs is rendered as an
offence. If suspicion is confirmed the property of the person can be confiscated and a maximum
penalty of $200,000 with 10 years of imprisonment can be imposed under the Misuse of Drugs
Act 1981. If a person is found to be using illegal drugs a maximum penalty of $2,000 with 2
years of imprisonment is imposed under the Act (Gotocourt.com.au, 2019).
Under the Criminal Code Act Compilation Act 1913 of Western Australia the term
grievous bodily harm is defined as any bodily injury that can endanger life or be the cause of
permanent injury or death of a person. This issue is dealt by District Court and the person
convicted of this serious offence can be penalized for a maximum of 10 years of imprisonment
(Gotocourt.com.au, 2019).
Application
In this case a 22 years old professional basketball player named James “Jimmy” Jordan
playing for the Perth Panthers Basketball Club that competes in the Australasian Basketball
League is seen to be in various legal predicaments.
In the early hours of a Sunday morning Jimmy had been arrested and charged with
offences that relate to speeding and drink driving. He was found to be driving in the speed of
140km per hour in a 70km per hour zone. He was further found to have EBA of 0.125. In this
issue Jimmy can be held liable under the provisions of the Alcohol Interlock Scheme. . Section
63 (1) (a) and (c) of the scheme provides for the penalties for driving under alcohol influence to
an extent to be incapable of having proper control of vehicle as the disqualification from driving

4SPORT LEISURE AND LAW
and cancellation of license or learner’s permit. Section 64 (1) provides the penalization for
driving with an alcohol content of 0.08 as disqualification from driving and cancellation of
license or learner’s permit. Further under this scheme speeding more than 40kph of the default
limit will impose a fine of 24 penalty units where a penalty unit is equal to $50. As Jimmy’s
EBA was 0.125 and he was driving in the speed of more than 70 km per hour above the speed
limit he is liable under the provisions of this scheme. He is further liable under the Road Traffic
Act 1974 for offence relating to drunk driving. . For a BAC reading level higher than 0.11 a
minimum of 8 months of disqualification and a minimum fine of $500 is imposed on the driver
under this Act’s provisions. As Jimmy’s EBA was 0.125 he will be liable to pay $500 and his
license will also be disqualified.
For his suspected link to organized crime relating to importation and distribution of both
ecstasy and GHRP-6 he would be held liable under the Misuse of Drugs Act 1981. Under the
legislations of Western Australia selling or distributing drugs is rendered as an offence. If
suspicion of distribution of drugs is confirmed the property of Jimmy can be confiscated and a
maximum penalty of $200,000 with 10 years of imprisonment can be imposed.
The club Jimmy plays for has been advised by the police that Jimmy will be further
charged with assault resulting to grievous bodily hurt following the match where Jimmy
punched an opponent to the jaw breaking it in two pieces when the opponent taunted him for his
aboriginal descent. The charges Jimmy could face would be under the provisions of the Criminal
Code Act Compilation Act 1913 of Western Australia. He can be sentenced for 10 years of
imprisonment.
Jimmy’s drug test result from 4 weeks back came out positive. Under the Misuse of
Drugs Act 1981 Jimmy would be penalized for a maximum of $2000 fine with imprisonment of

5SPORT LEISURE AND LAW
maximum 2 years. He could be further held liable under the principles of World Anti-Doping
Code and International Standards under The Australian Sports Anti-doping Authority (ASADA)
Further because of these offences his image will deteriorate and he will lose his endorsements
and even his contract with the club. He further has a chance to lose his scope of selection to the
National team.
Conclusion
In conclusion it can be seen that Jimmy has been charged with many cases all of whom
are harmful for his career as well as the club. He has been charged with speeding and
drink driving under the Road Traffic Act 1974and the Alcohol Interlock Scheme. He can
be further seen to be violating the provisions of Misuse of Drugs Act 1981 by importing
selling and using drugs. He is in violation of the Criminal Code Act Compilation Act
1913 in grievously hurting an opponent by breaking his jaw. It can be concluded that he
has a high risk of losing his scope to making it to the National team, he as well has a
chance to lose all his endorsements and club contract.
Part 2
Under various Australian legislations the term vicarious liability is described as the
responsibility of an employer towards the torts committed by his employee during the term of the
employment. In this case use of drugs by Jimmy makes his club Perth Panthers Basketball Club
vicariously liable for his action for this reason the club can lose a $1 million sponsorship contract
with the State government through Drug and Alcohol Office. The club is further in risk of losing
its reputation. The club can enforce certain safety and health concerns in the club for prevention
of such things from happening in the future. The club can continually update knowledge and

6SPORT LEISURE AND LAW
skills of the players by conducting trainings, sessions against the harmfulness of drug use,
dealing with emergencies, weight control, environment, facilities and medical conditions.
For the breach of contract by Jimmy by not adhering to the player curfew of 11pm and by
using cocaine Jimmy can be held under the common law as well as the contract law. The club
can claim for a breach of contract to the court against Jimmy for breaking his contract. they can
further claim for specific performance for the loss they have to suffer due to Jimmy’s
misconducts. They can further provide Jimmy with a notice of termination from the
employment. To sack Jimmy the club needs to give him a notice period to serve under the
Australian Fair Pay and Conditions Standard in the Workplace Relations Act 1996 (Cth). this
issue can be found in the case Rankin v Marine Power International Pty Ltd [2001] 107 IR 117;
Quinn v Jack Chia (Australia ) Ltd [1992] VR 567 where the court held that an employer must
provide a notice period to the employee for them to find alternative employment. In furtherance a
claim can be made to the Magistrates Court Australia against Jimmy by the Perth Panthers
Basketball Club for the breach of employment contract by Jimmy. Damage for breach of contract
can be termed as a substitute for the performance. The assessment of thee damages of loss of
commercial benefits resulting from the breach of contract was discussed in the cases
Commonwealth v Amann Aviation Pty Limited [1991] HCA 54; (1991) 174 CLR 64 and Sellars
v Adelaide Petroleum NL [1994] HCA 4; (1994) 179 CLR 332

7SPORT LEISURE AND LAW
Reference
Alcohol Interlock Scheme
Australian Fair Pay and Conditions Standard in the Workplace Relations Act 1996 (Cth)
Australian Sports Anti-doping Authority (ASADA)
Commonwealth v Amann Aviation Pty Limited [1991] HCA 54; (1991) 174 CLR 64
Criminal Code Act Compilation Act 1913
Gotocourt.com.au. (2019). Assault Charges in Western Australia | Go To Court. Retrieved from
https://www.gotocourt.com.au/criminal-law/wa/assault/
Gotocourt.com.au. (2019). Drink Driving Penalties WA | Drink Driving Law Australia.
Retrieved from https://www.gotocourt.com.au/drink-driving/wa/dui-penalties/
Gotocourt.com.au. (2019). Drug Offences in Western Australia | Go To Court Lawyers.
Retrieved from https://www.gotocourt.com.au/criminal-law/wa/drug-offences/
Misuse of Drugs Act 1981
Rankin v Marine Power International Pty Ltd [2001] 107 IR 117; Quinn v Jack Chia (Australia ) Ltd
[1992] VR 567.
Road Traffic Act 1974
Sellars v Adelaide Petroleum NL [1994] HCA 4; (1994) 179 CLR 332
Transport.wa.gov.au. (2019). Driving offences (speeding, alcohol and traffic). Retrieved from
https://www.transport.wa.gov.au/licensing/driving-offences-speeding-alcohol-and-
traffic.asp

8SPORT LEISURE AND LAW