Gerrard Found Not Guilty.

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Discussion

Tony*T3

Original Poster:

20,911 posts

253 months

Friday 24th July 2009
quotequote all
FFS, should jury systems suck in these cases.

Nicholas Blair

4,109 posts

290 months

Friday 24th July 2009
quotequote all
Obviously not Everton fans then.

Nolar Dog

8,786 posts

201 months

Friday 24th July 2009
quotequote all
Not a surprise really though is it?

hornetrider

63,161 posts

211 months

Nicholas Blair

4,109 posts

290 months

Friday 24th July 2009
quotequote all
hornetrider said:
Ah ,but it's news now.

Tony*T3

Original Poster:

20,911 posts

253 months

Friday 24th July 2009
quotequote all
hornetrider said:
I think this sits much better as current affairs than sports.

Matt172

12,415 posts

250 months

Friday 24th July 2009
quotequote all

johnfm

13,668 posts

256 months

Friday 24th July 2009
quotequote all
How do you know he was guilty?

Were you in court during the trial? If so, can you briefly summarise teh prosecution's evidence and the defence teams rebuttal?

Cheers

elster

17,517 posts

216 months

Friday 24th July 2009
quotequote all
johnfm said:
How do you know he was guilty?

Were you in court during the trial? If so, can you briefly summarise teh prosecution's evidence and the defence teams rebuttal?

Cheers
He said he was.

He thought he was going to get hit, so hit someone.

s2art

18,942 posts

259 months

Friday 24th July 2009
quotequote all
elster said:
johnfm said:
How do you know he was guilty?

Were you in court during the trial? If so, can you briefly summarise teh prosecution's evidence and the defence teams rebuttal?

Cheers
He said he was.
Wrong.

Einion Yrth

19,575 posts

250 months

Friday 24th July 2009
quotequote all
elster said:
johnfm said:
How do you know he was guilty?

Were you in court during the trial? If so, can you briefly summarise teh prosecution's evidence and the defence teams rebuttal?

Cheers
He said he was.

He thought he was going to get hit, so hit someone.
"A person is guilty of affray if he uses or threatens unlawful violence towards another and the person's conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety."

So if no third party would have had reason to believe they were in any danger he was not guilty of affray. If he'd been charged with assault they could probably have made it stick.

s2art

18,942 posts

259 months

Friday 24th July 2009
quotequote all
Einion Yrth said:
elster said:
johnfm said:
How do you know he was guilty?

Were you in court during the trial? If so, can you briefly summarise teh prosecution's evidence and the defence teams rebuttal?

Cheers
He said he was.

He thought he was going to get hit, so hit someone.
"A person is guilty of affray if he uses or threatens unlawful violence towards another and the person's conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety."

So if no third party would have had reason to believe they were in any danger he was not guilty of affray. If he'd been charged with assault they could probably have made it stick.
I doubt it. Good lawyer, sympathetic jury and arguing self-defence. Nothing illegal about getting your punch in first if you sincerely believe you are about to be attacked.

tinman0

18,231 posts

246 months

Friday 24th July 2009
quotequote all
johnfm said:
How do you know he was guilty?

Were you in court during the trial? If so, can you briefly summarise teh prosecution's evidence and the defence teams rebuttal?
Its the general belief that celebrities get treated lightly.

And in other news, Amy Winehouse gets off an assault charge today as well wink

http://www.dailymail.co.uk/tvshowbiz/article-12018...

Edited by tinman0 on Friday 24th July 13:59

johnfm

13,668 posts

256 months

Friday 24th July 2009
quotequote all
elster said:
johnfm said:
How do you know he was guilty?

Were you in court during the trial? If so, can you briefly summarise teh prosecution's evidence and the defence teams rebuttal?

Cheers
He said he was.

He thought he was going to get hit, so hit someone.
He wasn't charged with 'hitting someone'.

The law is a little bit more detailed than that, thankfully.

The Skunk

278 posts

199 months

Friday 24th July 2009
quotequote all
I'm afraid I don't know the ins and outs of the law. However, I've watched the CCTV footage a number of times and it looks like Gerard piled in after McGhee had been elbowed in the face by Gerard's mate. The guy was falling backwards from the impact and that's when Gerard started hitting him. Didn't look much like self defence to me.

elster

17,517 posts

216 months

Friday 24th July 2009
quotequote all
johnfm said:
elster said:
johnfm said:
How do you know he was guilty?

Were you in court during the trial? If so, can you briefly summarise teh prosecution's evidence and the defence teams rebuttal?

Cheers
He said he was.

He thought he was going to get hit, so hit someone.
He wasn't charged with 'hitting someone'.

The law is a little bit more detailed than that, thankfully.
So I wont get charged if I punch someone and claim self defense?

Einion Yrth

19,575 posts

250 months

Friday 24th July 2009
quotequote all
elster said:
johnfm said:
elster said:
johnfm said:
How do you know he was guilty?

Were you in court during the trial? If so, can you briefly summarise teh prosecution's evidence and the defence teams rebuttal?

Cheers
He said he was.

He thought he was going to get hit, so hit someone.
He wasn't charged with 'hitting someone'.

The law is a little bit more detailed than that, thankfully.
So I wont get charged if I punch someone and claim self defense?
He was charged: if he hadn't been it would have been a tad difficult to acquit.

johnfm

13,668 posts

256 months

Friday 24th July 2009
quotequote all
elster said:
johnfm said:
elster said:
johnfm said:
How do you know he was guilty?

Were you in court during the trial? If so, can you briefly summarise teh prosecution's evidence and the defence teams rebuttal?

Cheers
He said he was.

He thought he was going to get hit, so hit someone.
He wasn't charged with 'hitting someone'.

The law is a little bit more detailed than that, thankfully.
So I wont get charged if I punch someone and claim self defense?
Depends on how you substantiate your claim and how well the prosecution rebuts your claims.

The law has developed over centuries to cater for the myriad of situations that can occur - this is just one of them.

Let's say you are hassled outside a pub by a pissed idiot, you've just hit someone or similar. He accosts you with the old 'what the fk are you looking at, do you want some' bullst. WOuld you wait for him to punch you?

If you think he is going to punch you you are legally entitled to defend yourself by pre-emptively dealing with the perceived threat.

s3fella

10,524 posts

193 months

Friday 24th July 2009
quotequote all
I suspect it is down to semantics and legal definitions. Affray can be threatening behaviour and makign threats, maybe the victim made such threats verbally and hence started the affray?

Who knows if the victim kicked out, cctv would not show that?

I think if they had charged Gerrard with ABH, he would have been done for it plain and simple. I suspect CPS treid for too much, but bearing in mind he was initially arrested on suspcion of causing GBH (IIRC), the affray was already a lesser charge.


Although found not guilty per the law, he does not come out of this unscathed by any means. Even if found guilty for it, he woudl not have had a custodial sentence, that would have been crazy. So he has avoided a fine and a criminal record...but hsi reputation is tarnished somewhat now.

I look forward to some of the chants he will have aimed at him next year. I am sure there will be some "Rocky" or "Ali" references for some time to come!!

NailedOn

3,116 posts

241 months

Friday 24th July 2009
quotequote all
They should have heard the case in Manchester!