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#Post#: 3314--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Mayor West
Date: August 17, 2018, 4:21 pm
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When I was on jury duty one of the cases was where a Young man
had resisted arrest and was being charged with assault on a
police officer. It was explained to the jury that if you resist
arrest you automatically commit the offence of assault. This
confused many of the jury as the offender didn't hit either of
the officers involved. He struggled from their grip, a tussle
developed and he was eventually apprehended. I had to get this
clarified by the Judge because most of the jury didn't
understand that you can assault somebody without hitting them.
After clarification by the Judge the jury found him guilty. We
had the whole episode on video. He also turned out to have
previous for a similar incident.
That's where I get it from.
#Post#: 3316--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Samquin
Date: August 17, 2018, 5:01 pm
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I feel the club should be responsible for any charge or sanction
not the RFU as he was with the club in Jersey.
#Post#: 3319--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Chris1850
Date: August 17, 2018, 7:53 pm
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--- Quote from: Mayor West link ---
>
> When I was on jury duty one of the cases was where a Young man
had resisted arrest and was being charged with assault on a
police officer. It was explained to the jury that if you resist
arrest you automatically commit the offence of assault. This
confused many of the jury as the offender didn't hit either of
the officers involved. He struggled from their grip, a tussle
developed and he was eventually apprehended. I had to get this
clarified by the Judge because most of the jury didn't
understand that you can assault somebody without hitting them.
After clarification by the Judge the jury found him guilty. We
had the whole episode on video. He also turned out to have
previous for a similar incident.
>
> That's where I get it from.
>
--- End Quote ---
There are 2 sections of the Police Act that are relevant
S89(1) is the specific offence of Assault PC
S89(2) is the offence of Obstructing/Resisting PC in the
Execution of his Duty
Technically any deliberate contact with a PC (including
spitting) can constitute an Assault and is likely to be charged
as such under S89(1).
There are numerous circumstances where Obstructing/Resisting a
PC in the Execution of his Duty will be charged where the
defendant hasn't even touched the PC. Think of protesters
chaining themselves to railings for example and having to be cut
free prior to being arrested. That would be charged under
S89(2). There is no assault (unless an assault, technical or
otherwise, takes place) Hence the reason for two separate
specific offences under the Act.
With respect, I wonder if you have either misunderstood what
your Judge said, or perhaps not fully remembered the charges
laid? In the circumstances you describe, I would suggest that
the young man was probably charged with Assault PC AND
Obstruct/Resist PC?
The question of compensation to the PC where no assault has been
charged (as was the case with DC) is not necessarily a
conundrum. Any number of scenarios could give rise to this.
#Post#: 3324--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Fearless Fred
Date: August 18, 2018, 1:54 am
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--- Quote from: Samquin link ---
>
> I feel the club should be responsible for any charge or
sanction not the RFU as he was with the club in Jersey.
>
--- End Quote ---
But the RFU are the governing body for the sport, not the club.
It is important to have a dispassionate separate judiciary
process in all walks of life.
#Post#: 3335--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: deadlyfrom5yardsout
Date: August 18, 2018, 3:43 am
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Nice try by Glaws to head off the RFU. Fail.
#Post#: 3479--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: DOK
Date: August 19, 2018, 11:03 am
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Ackermann on why this week was actually 'brilliant' for Cipriani
HTML https://www.rugbypass.com/news/ackermann-week-actually-brilliant-cipriani
#Post#: 3582--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: DOK
Date: August 20, 2018, 3:54 pm
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Cipriani fined £2,000 by Gloucester
HTML https://uk.reuters.com/article/rugby-union-cipriani/rugby-union-englands-cipriani-fined-by-gloucester-over-nightclub-incident-idUKL8N1VB4VB?rpc=401&
#Post#: 3586--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Quins Head
Date: August 20, 2018, 4:50 pm
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Gloucester well and truly bottled it took the essay way out. If
they imposed a proper punishment maybe the RFU would leave it
#Post#: 3618--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: Fearless Fred
Date: August 21, 2018, 8:38 am
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Olly Kohn's going to be on the panel for the hearing tomorrow
(Official Announcement
HTML https://www.englandrugby.com/news/cipriani-hearing-details-for-rfu-disciplinary/)
#Post#: 3619--------------------------------------------------
Re: OT Cipriani charged with assaulting police
DIR By: stoquin
Date: August 21, 2018, 9:05 am
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Much clearer image on the official announcement video, and he is
going to be missing a whole stack of games very silly boy!
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