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Post by GasAttacK on Jun 25, 2023 10:12:24 GMT
Thank you, didn’t see the Mirror article. So has he admitted that charge? We don't know which charge he admitted to or what exactly he's admitted to doing. We don't know what exactly happened, why it happened or how much provocation and racial abuse he was subject to. 'Assault by beating' is a variation on the charge of 'common assault'. (The 'assault by beating' wording is used when a person is alleged to have 'committed a battery'. The definition is that "a battery is committed when a person intentionally and recklessly applies unlawful force to another").
The maximum penalty is 6 months imprisonment and/or a fine of 5000. In practice, the majority of such offences are dealt with by a community punishment (such as unpaid work) and/or a relatively small fine (e.g. 300), rather than by a prison sentence. The charge of assault by beating or battery can be applicable even when the force used against the another is very slight. For example, a push or a spit may constitute an assault by beating. The victim does not have to suffer any injuries.'Clearly he shouldn't have reacted but some women can be absolutely vile and in the heat of the moment it would be easy to make a mistake you later regret, particularly if you'd had a few drinks. We're all making some assumptions because we don't know all the details and probably never will. I can only assume the club know more than we do. Personally, I hope this was a one off out of character mistake that he'll learn from because I think he'd be a fantastic signing that would make a big difference to our chances of success. |
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Post by Topper Gas on Jun 25, 2023 10:17:53 GMT
A lot of assumptions being made there? Something obviously occurred to warrant Exeter suspending him even though he was having a similar season to AC, then releasing him when, under normal circumstances, he would probably command a decent transfer fee. I don't really understand how Wael can move from stating that the club are “firmly against any form of violence” and that “any individual that is found guilty of any such offences will be dismissed immediately” when JB was facing his similar assault by beating charge, to now apparently recruiting a player with at least one recent assault conviction. He’s admitted an assault, which could be anything from spitting to a closed fist punch in the chops. Feel like the forum will go round and round on this part. If WAQ has green lit the signing I’d very much doubt it’s anything close to being the latter. All will be revealed I guess. Wael appointed JB whilst he was accused of a serious assault on Stendel? As I said whatever went on it was sufficient for Exeter to basically show him the door, which suggests it was probably more than just a bit of pushing and shoving over a mobile phone. |
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Post by mariobalotelli on Jun 25, 2023 10:20:16 GMT
Due diligence? He has admitted one charge, so is definitely getting some sort of punishment. New Bristol Rovers striker guilty of assaulting a women is a fantastic look At least Exeter had the balls to suspend their striker and not play him beyond January Your assuming he's guilty even before he's been tried, it may have all been blown out of epic proportions I always reserve judgement until after the outcome of the trial. There's 3 sides to a story.... his side, her side and the truth and the truth will come out in court. If he's found guilty and he has signed a contract then that contract should be null and void. Think about it logically Wael wouldn't want to alienate the clubs female supporters with controversial signing You only said this a month ago. Not a problem for us, Barton had an assault charge hanging over him when he came to BS7. A little different to Barton when he took over at the time he was accused of assaulting a manager, Brown on the other hand is up on assault charges against a woman remember the up roar we had in here when Barton was accused of assaulting his wife. Brown has already pleaded guilty to one charge of assault against a woman. On paper it's a good signing but look at the baggage that will come with him no doubt he's a decent player and would bring a lot to the table but is it worth the hassle in the long run I think not |
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Post by olskooltoteender on Jun 25, 2023 10:20:22 GMT
Common Assault explained:
Common assault is the lowest and most common type of assault. It can be a push, slap, punch, hair pulling, kick or spit and does not have to result in any visible or lasting injury. It can even include situations where there is no actual physical touch, fearing an assault, such as an aimed punch that fails to connect during an argument, can be enough for common assault.
Common assault is split into two types of offences. Common assault by battery is where a person intentionally or recklessly uses force against another person, such as a slap, push or punch. The term “common assault by beating” is the wording of any such arrest or charge, it often causes concern as a suspect will naturally dispute “beating” someone, but in reality it is just antiquated legal wording for the “application of force”, and the forced used can be very minor.
Simple common assault is where a person causes another to suffer or apprehend immediate unlawful violence, such as the pulling of an arm back as if to hit the other, or a thrown punch that fails to connect.
What is Self-defence?
Self-defence is the most general defence to any assault allegation. A person may use such force as is reasonable in the circumstances for the purposes of:
self-defence
defence of another
defence of property
prevention of crime; or
lawful arrest.
When considering the reasonableness of the force used, two questions are considered:
was the use of force necessary in the circumstances, i.e. Was there a need for any force at all?; and
was the force used reasonable in the circumstances?
Much depends on the circumstances as the suspect believed them to be.
A suspect can rely upon an honestly held belief to establish reasonable force, even if it turns out to be mistaken. However, the more unreasonable the belief, the less likely it is that the court will accept it was honestly held.
The two key considerations to be taken into account when deciding whether the force used was reasonable are:
1. that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action;
2. that evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.
So, as self defence is a legitimate purpose, a person using force to defend themselves can rely on the defence even if it subsequently transpires that in hindsight the force used was more than was required.
As an example, if someone pushes you then you could push them back in self-defence, if you punched them back instead it may be seen as excessive physical force, but if at the time it was instinctively thought to be necessary then you could still rely upon self-defence for the punch.
Conversely, if someone pushes you and you reacted by punching and kicking them multiple times it would be difficult to justify that force as self-defence. It is unlikely to be accepted that such force was reasonable despite any instinctive or honestly held belief. A Court is likely to decide that the force used was excessive and therefore unlawful.
There is no rule to say that a person must wait to be struck first before they defend themselves. A person fearing an imminent attack can use force to defend themselves, or another.
Failure to retreat when attacked and when it is possible and safe to do so is not conclusive evidence that a person was not acting in self-defence.
Once self-defence is raised it is for the prosecution to disprove beyond all reasonable doubt that the suspect was not acting to defend himself/herself or another; or not acting to defend property; or not acting to prevent a crime or to apprehend an offender; or that the force used was excessive.
Consent
Consent is a separate but key issue, ordinarily it must be proven that the offence was committed without consent, hence why a victim statement and support for a prosecution is an important factor. Many domestic violence allegations result in no further action because victims fail to give statements or fail to support a prosecution after an initial complaint to the police. However, if there is other evidence to infer a lack of consent, such as other witness accounts or video footage, then a prosecution can continue.
Common assault is a summary offence, and therefore the maximum sentence is 6 months in prison.
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Post by mariobalotelli on Jun 25, 2023 10:22:08 GMT
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Post by GasAttacK on Jun 25, 2023 10:35:29 GMT
Common Assault explained: Common assault is the lowest and most common type of assault. It can be a push, slap, punch, hair pulling, kick or spit and does not have to result in any visible or lasting injury. It can even include situations where there is no actual physical touch, fearing an assault, such as an aimed punch that fails to connect during an argument, can be enough for common assault. Common assault is split into two types of offences. Common assault by battery is where a person intentionally or recklessly uses force against another person, such as a slap, push or punch. The term “common assault by beating” is the wording of any such arrest or charge, it often causes concern as a suspect will naturally dispute “beating” someone, but in reality it is just antiquated legal wording for the “application of force”, and the forced used can be very minor. Simple common assault is where a person causes another to suffer or apprehend immediate unlawful violence, such as the pulling of an arm back as if to hit the other, or a thrown punch that fails to connect. What is Self-defence? Self-defence is the most general defence to any assault allegation. A person may use such force as is reasonable in the circumstances for the purposes of: self-defence defence of another defence of property prevention of crime; or lawful arrest. When considering the reasonableness of the force used, two questions are considered: was the use of force necessary in the circumstances, i.e. Was there a need for any force at all?; and was the force used reasonable in the circumstances? Much depends on the circumstances as the suspect believed them to be. A suspect can rely upon an honestly held belief to establish reasonable force, even if it turns out to be mistaken. However, the more unreasonable the belief, the less likely it is that the court will accept it was honestly held. The two key considerations to be taken into account when deciding whether the force used was reasonable are: 1. that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; 2. that evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose. So, as self defence is a legitimate purpose, a person using force to defend themselves can rely on the defence even if it subsequently transpires that in hindsight the force used was more than was required. As an example, if someone pushes you then you could push them back in self-defence, if you punched them back instead it may be seen as excessive physical force, but if at the time it was instinctively thought to be necessary then you could still rely upon self-defence for the punch. Conversely, if someone pushes you and you reacted by punching and kicking them multiple times it would be difficult to justify that force as self-defence. It is unlikely to be accepted that such force was reasonable despite any instinctive or honestly held belief. A Court is likely to decide that the force used was excessive and therefore unlawful. There is no rule to say that a person must wait to be struck first before they defend themselves. A person fearing an imminent attack can use force to defend themselves, or another. Failure to retreat when attacked and when it is possible and safe to do so is not conclusive evidence that a person was not acting in self-defence. Once self-defence is raised it is for the prosecution to disprove beyond all reasonable doubt that the suspect was not acting to defend himself/herself or another; or not acting to defend property; or not acting to prevent a crime or to apprehend an offender; or that the force used was excessive. Consent Consent is a separate but key issue, ordinarily it must be proven that the offence was committed without consent, hence why a victim statement and support for a prosecution is an important factor. Many domestic violence allegations result in no further action because victims fail to give statements or fail to support a prosecution after an initial complaint to the police. However, if there is other evidence to infer a lack of consent, such as other witness accounts or video footage, then a prosecution can continue. Common assault is a summary offence, and therefore the maximum sentence is 6 months in prison. Thanks for the detailed description. Sounds like this could have been quite a minor incident based on that. Clearly still wrong and he'll have to face the consequences but not something that should end his football career. I'm sure the club know more details than we do. |
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Post by fanboy on Jun 25, 2023 10:50:19 GMT
My take on all of this is: regardless of the circumstances of the incident, and regardless of what happens on July 7th, I find it totally & utterly depressing that for the second preseason in a row, we’re sat here discussing the ins and outs of an upcoming assault court case for one of our (future, in this case) staff members. I wanna be spending my preseason thinking about what formation we’ll go with, what away games I wanna do, whether Evans is gonna have a better season etc. Not what the CCTV footage of our new striker is going to show. I’m just gobsmacked we’re back in this position as a fanbase. It’s actually the third preseason in a row! 🙉 |
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Post by imanobody on Jun 25, 2023 10:54:01 GMT
Lots of whiter than white righteousness being written today!
By all probability we all stand next to a wife beater/peado on the terraces every Saturday too. Perhaps you better not go and watch rovers for that reason too?
Just a thought but would you have Ronaldo playing for Rovers given the chance seeing he payed hush money to a woman over an alleged rape? Or Cantona after his Kung fu kick?
Is the guy never allowed to work again?
Yes he deserves to be punished but he surely must be allowed to try and turn his life round and move on?
All I want is to see us do well
Yet he who hath not sinned cast the first stone is the saying
UTG
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Post by Deleted on Jun 25, 2023 11:00:48 GMT
Lots of whiter than white righteousness being written today! By all probability we all stand next to a wife beater/peado on the terraces every Saturday too. Perhaps you better not go and watch rovers for that reason too? Just a thought but would you have Ronaldo playing for Rovers given the chance seeing he payed hush money to a woman over an alleged rape? Or Cantona after his Kung fu kick? Is the guy never allowed to work again? Yes he deserves to be punished but he surely must be allowed to try and turn his life round and move on? All I want is to see us do well Yet he who hath not sinned cast the first stone is the saying UTG maybe time to ban anyone with any type of criminal past from teenager onwards and their friends and family. May keep the witchfinder balotelli happy |
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Post by Deleted on Jun 25, 2023 11:03:06 GMT
Get out and enjoy the sunshine my friend , stop scrolling the internet. ( ironic I know as I’ve just replied ) but I’m off now to cut the grass and weed the driveway. Enjoy your Sunday. |
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Post by kruger on Jun 25, 2023 11:04:34 GMT
Lots of whiter than white righteousness being written today! By all probability we all stand next to a wife beater/peado on the terraces every Saturday too. Perhaps you better not go and watch rovers for that reason too? Just a thought but would you have Ronaldo playing for Rovers given the chance seeing he payed hush money to a woman over an alleged rape? Or Cantona after his Kung fu kick? Is the guy never allowed to work again? Yes he deserves to be punished but he surely must be allowed to try and turn his life round and move on? All I want is to see us do well Yet he who hath not sinned cast the first stone is the saying UTG maybe time to ban anyone with any type of criminal past from teenager onwards and their friends and family. May keep the witchfinder balotelli happy doubt that very much, that poster just likes to moan |
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Post by oldie on Jun 25, 2023 11:15:32 GMT
Lots of whiter than white righteousness being written today! By all probability we all stand next to a wife beater/peado on the terraces every Saturday too. Perhaps you better not go and watch rovers for that reason too? Just a thought but would you have Ronaldo playing for Rovers given the chance seeing he payed hush money to a woman over an alleged rape? Or Cantona after his Kung fu kick? Is the guy never allowed to work again? Yes he deserves to be punished but he surely must be allowed to try and turn his life round and move on? All I want is to see us do well Yet he who hath not sinned cast the first stone is the saying UTG What tosh. "By all probability we all stand next to a wife beater/peado on the terraces every Saturday too. Perhaps you better not go and watch rovers for that reason too?" Are you seriously suggesting that upto half the crowd attending any given game are violent men who beat women, or sexually abuse children? Really? Some unbelievable tosh written on here in defence of men who commit violent crimes. Personally I know nothing about Jevani Brown and even less about the offence he is being charged for. Hopefully the courts will come to the right conclusion. He then serves whatever tariff they impose. If he learns from this and lives a cleaner life then all the better. |
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Post by WeAreTheGas on Jun 25, 2023 11:17:33 GMT
My take on all of this is: regardless of the circumstances of the incident, and regardless of what happens on July 7th, I find it totally & utterly depressing that for the second preseason in a row, we’re sat here discussing the ins and outs of an upcoming assault court case for one of our (future, in this case) staff members. I wanna be spending my preseason thinking about what formation we’ll go with, what away games I wanna do, whether Evans is gonna have a better season etc. Not what the CCTV footage of our new striker is going to show. I’m just gobsmacked we’re back in this position as a fanbase. It’s actually the third preseason in a row! 🙉 Christ 🙃 Might as well rename this place CourtCaseChat. A thread about signing our new striker reads like a debate between lawyers. What a club. |
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Post by oldie on Jun 25, 2023 11:21:56 GMT
It’s actually the third preseason in a row! 🙉 Christ 🙃 Might as well rename this place CourtCaseChat. A thread about signing our new striker reads like a debate between lawyers. What a club. Maybe because we are not blind sheep? Hopefully |
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Post by wertongas on Jun 25, 2023 11:34:41 GMT
Exactly Oldie, if half the crowd are wife beaters and peado's then there is no point in asking my wife , daughters or grandchildren along to the ground in the future , can't risk that.
If the club have any sense then they will have taken legal advice regarding signing Browne before offering him a contract. He has clearly commited a crime as he has pleeded guilty, but the club probably think any sentences will be suspended.The only thing is if that is the case then any contract shouldn't be to long, because if he commits another crime while with us he could go to jail and that would be another player we have signed that will miss at least half the season.
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Post by mariobalotelli on Jun 25, 2023 11:38:38 GMT
Get out and enjoy the sunshine my friend , stop scrolling the internet. ( ironic I know as I’ve just replied ) but I’m off now to cut the grass and weed the driveway. Enjoy your Sunday. The internet is available outdoors sir |
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Post by Dirt Dogg on Jun 25, 2023 11:39:59 GMT
Already dividing the fanbase, it’s a no from me.
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Post by oldie on Jun 25, 2023 11:44:09 GMT
Exactly Oldie, if half the crowd are wife beaters and peado's then there is no point in asking my wife , daughters or grandchildren along to the ground in the future , can't risk that. If the club have any sense then they will have taken legal advice regarding signing Browne before offering him a contract. He has clearly commited a crime as he has pleeded guilty, but the club probably think any sentences will be suspended.The only thing is if that is the case then any contract shouldn't be to long, because if he commits another crime while with us he could go to jail and that would be another player we have signed that will miss at least half the season. Absolutely And, a practical solution offered |
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Post by Deleted on Jun 25, 2023 11:47:19 GMT
Get out and enjoy the sunshine my friend , stop scrolling the internet. ( ironic I know as I’ve just replied ) but I’m off now to cut the grass and weed the driveway. Enjoy your Sunday. The internet is available outdoors sir Great banter |
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Post by Deleted on Jun 25, 2023 11:48:28 GMT
Lots of whiter than white righteousness being written today! By all probability we all stand next to a wife beater/peado on the terraces every Saturday too. Perhaps you better not go and watch rovers for that reason too? Just a thought but would you have Ronaldo playing for Rovers given the chance seeing he payed hush money to a woman over an alleged rape? Or Cantona after his Kung fu kick? Is the guy never allowed to work again? Yes he deserves to be punished but he surely must be allowed to try and turn his life round and move on? All I want is to see us do well Yet he who hath not sinned cast the first stone is the saying UTG What tosh. "By all probability we all stand next to a wife beater/peado on the terraces every Saturday too. Perhaps you better not go and watch rovers for that reason too?" Are you seriously suggesting that upto half the crowd attending any given game are violent men who beat women, or sexually abuse children? Really? Some unbelievable tosh written on here in defence of men who commit violent crimes. Personally I know nothing about Jevani Brown and even less about the offence he is being charged for. Hopefully the courts will come to the right conclusion. He then serves whatever tariff they impose. If he learns from this and lives a cleaner life then all the better. Tosh mind 😂😂 you must be over 70 |
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