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#Post#: 3211--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: deadlyfrom5yardsout
Date: August 17, 2018, 2:00 am
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Good job DC's family didn't ask for some privacy at this time,
innit?
#Post#: 3217--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Blucherquin
Date: August 17, 2018, 2:35 am
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--- Quote from: TomBuckQuin link ---
>
> [quote author=Chris1850 link=topic=217.msg3198#msg3198
date=1534457106]
> Just to be clear
> 1. If you resist arrest, you do not automatically commit the
offence of assault PC
> 2. Shouting at somebody does not constitute assault. Though it
may be a Public Order offence depending on the circumstances,
what was said and whether the victim felt harrassed/threatened
etc
>
--- End Quote ---
Who let this guy in with all his facts?
[/quote]
CPS guidance on the charging of Common Assault.
An assault is committed when a person intentionally or
recklessly causes another to apprehend the immediate infliction
of unlawful force. A battery is committed when a person
intentionally or recklessly applies unlawful force to another.
Where there is a battery, the defendant should be charged with
‘assault by beating’. (DPP v Little (1992) 1 All ER 299).
#Post#: 3227--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Chris1850
Date: August 17, 2018, 3:31 am
---------------------------------------------------------
--- Quote from: Blucherquin link ---
>
> [quote author=TomBuckQuin link=topic=217.msg3201#msg3201
date=1534461308]
> [quote author=Chris1850 link=topic=217.msg3198#msg3198
date=1534457106]
> Just to be clear
> 1. If you resist arrest, you do not automatically commit the
offence of assault PC
> 2. Shouting at somebody does not constitute assault. Though it
may be a Public Order offence depending on the circumstances,
what was said and whether the victim felt harrassed/threatened
etc
>
--- End Quote ---
Who let this guy in with all his facts?
[/quote]
CPS guidance on the charging of Common Assault.
An assault is committed when a person intentionally or
recklessly causes another to apprehend the immediate infliction
of unlawful force. A battery is committed when a person
intentionally or recklessly applies unlawful force to another.
Where there is a battery, the defendant should be charged with
‘assault by beating’. (DPP v Little (1992) 1 All ER 299).
[/quote]
Good spot. However, I have to say that over many years in the
judiciary that I have never come across a S39 Assault charge as
a result of shouting. Indeed, I am struggling to imagine the
circumstances where it would be charged as an Assault rather
than a Public Order offence.
Common Assault, Battery, Assault by Beating are to all intents
and purposes the same offence and are covered by the same
sentencing guideline relating to Section 39 Of the Criminal
Justice Act 1988 (Common Assault)
#Post#: 3229--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: DOK
Date: August 17, 2018, 3:35 am
---------------------------------------------------------
Maybe the police officer who told me was having a laugh. Maybe
it's out of date info or hearsay or whatnot.
#Post#: 3231--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Boonie
Date: August 17, 2018, 3:44 am
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His version of events is interesting, given that he has also
admitted that he had had too much to drink. My recollection of
events after I have had too much to drink has proved to be
unreliable in the past...
...but of course the Press have highlighted the more lurid
details - it's what they do. However, if he hadn't been acting
the prat, they would have had nothing to report.
#Post#: 3281--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Fearless Fred
Date: August 17, 2018, 8:52 am
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It's not over yet for Cipriani. He's just been charged by the
RFU.
HTML https://www.englandrugby.com/news/danny-cipriani-charged-rfu-for-conduct/?sf195747080=1
#Post#: 3282--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Boonie
Date: August 17, 2018, 8:53 am
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No surprise there - bringing the game into disrepute seem a
likely charge.
#Post#: 3291--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: DOK
Date: August 17, 2018, 9:27 am
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Well that's the danger of pleading guilty. I dare say the RFU
really don't want to touch this, but what can they do? They
can't ignore it.
#Post#: 3299--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: DOK
Date: August 17, 2018, 11:07 am
---------------------------------------------------------
And of course he's also falling foul of the fact there's little
actual rugby to report.
#Post#: 3310--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: DOK
Date: August 17, 2018, 2:03 pm
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Cipriani Divides RFU And Gloucester
HTML https://rugby365.com/countries/england/cipriani-divides-rfu-and-gloucester
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