Benji Marshall involved in late-night incident

[Tigerdave]

Well, that's some relief at least, cleared to play. Hopefully he can get his mind on the game next Monday.

 

[innsaneink]

I know what u mean mate but backing a player **doesn't always have to be via <big>voice</big>.\
\
If the Nrl just turned around and <big>said</big>** we will be taking no action against benji. From the Nrl point it's now over and done with. If the court finds benji guilty so be it.

If the Nrl want to make a decision and punish him now they can.

All they are doing is sitting on the fence. And if the tigers don't impose a penalty big enough the Nrl can jump on the back and make it bigger.

They don't have to try and sway anything. But they CAN make a decision off their own back.

He surely can see what's in front of him and make a judgement based on it. Doesn't have to spell it put. Just make a decision and grow some balls.

.So how do they say it….text?
Same thing.
The PR disaster and claims of bias that would come from what you suggest would be detrimental to all concerned imo....dont you get it? Gallop must appear impartial....but I believe the NRLs decision this arvo is supportive of Marshall

 

[T-REXX]

Ink

I mean they dont have to come out and have an opinion on the case if that is the way you want to put it. But taking action with no mention of anything else is not getting involved with legal matters.
The announcement today was a farce from the Nrl. They won't do anything unless he is found guilty and the tigers impose a penalty that the Nrl is happy with. If they don't they will
Impose a bigger penalty. In other words they don't respect the management of the tigers or have the balls to
Make their own judgement.

 

[redemption]

Ink

I mean they dont have to come out and have an opinion on the case if that is the way you want to put it. But taking action with no mention of anything else is not getting involved with legal matters.
The announcement today was a farce from the Nrl. They won't do anything unless he is found guilty and the tigers impose a penalty that the Nrl is happy with. If they don't they will
Impose a bigger penalty. In other words they don't respect the management of the tigers or have the balls to
Make their own judgement.

Mate - if he is found guilty they expect the Tigers club to fine him!!

If we don't - they will do it for us!

That is all!

Gallop went okay today - because he got on the front foot with comparisons to Stewart & worded everything carefully for legal reasons!

 

[T-REXX]

That's the whole point I'm tryin to make. They shouldnt be able To override the decision of the tigers management. They either make the call now or not at all. Dot sit on the fence.

 

[redemption]

That's the whole point I'm tryin to make. They shouldnt be able To override the decision of the tigers management. They either make the call now or not at all. Dot sit on the fence.

I think they have a right to step in for recalcitrant clubs who don't understand that the image of the game needs to be promoted as best as possible - & I am also sure that we will take internal measures as required to avoid such heavy-handedness!!!

It will only be fines at worst!!

 

[tiger05]

guys get serious, if 8-or 10 blokes of middle eastern appearance supposedly - tanked to the gills with alchohol, or potentially other substances, hurl abuse at you, whilst you are with your girlfriend, just you two - would you go ahead and punch the guy or just walk away and it ignore it. really - be serious. which alternative is common sense and prevails?

Personally I'd pull out some sick UFC moves and kick their asses whilst at the same time yelling out highlander but thats me.

I think from a lot of the comments on here there are a lot of posters as tough or even tougher than me supporting the tigers.

 

[T-REXX]

I think each case needs to be judged on it's merits

Benji- first offense and never stepped out of place. And the time he does it's not due to him bring negligent.
He does ALOT for the game. He raises $000s of dollars for charity. Out side the clubs he does community work
He helps kids out on and off the field
He promotes the game to the highest level.

These are the points where the Nrl should just leave it to the club.

And if the club didn't do anything the NrL should accept it. He is still a player with enormous support and respect
\
\
Now let's look at carney.

Repeated alcho offender
Repeated brawler in pubs
Repeated player who gets Into trouble
And DUI to go with it.
Now no signs of community work whilst at canberra
No charity work
No helping kids
This is where the Nrl needs to step in to oversea the punnishment.

But in benjis case. Nrl should accept the tigers rulings and don't worry bout the court case

 

[redemption]

guys get serious, if 8-or 10 blokes of middle eastern appearance supposedly - tanked to the gills with alchohol, or potentially other substances, hurl abuse at you, whilst you are with your girlfriend, just you two - would you go ahead and punch the guy or just walk away and it ignore it. really - be serious. which alternative is common sense and prevails?

Personally I'd pull out some sick UFC moves and kick their asses whilst at the same time yelling out highlander but thats me.

I think from a lot of the comments on here there are a lot of posters as tough or even tougher than me supporting the tigers.

Smart-arse - have you ever needed to fight back just to protect yourself & missus?????

Noone is saying they're tough - just that they would stand-up for themselves in similar circumstances!!!

Go and sing Kum-By-Yah elsewhere!!!!

 

[mike]

guys get serious, if 8-or 10 blokes of middle eastern appearance supposedly - tanked to the gills with alchohol, or potentially other substances, hurl abuse at you, whilst you are with your girlfriend, just you two - would you go ahead and punch the guy or just walk away and it ignore it. really - be serious. which alternative is common sense and prevails?

You can be forced into taking action, action which isnt always right or legal…..but hey lifes a [automatically edited] (rhymes with witch) and theres scumbags everywhere….ask any cop.
When it all boils down to it though.....it appears he hit someone and you cant do that - NO EXCUSES...according to the law.

Just because he has been charged does not mean the charge is VIABLY PROSECUTABLE at law!!!!

Alot of water to go under the bridge yet ladies & gents!!!!

Agree 100%. I'll be very surprised if this even makes it to court.

I’m personally hoping it does go to court though so that the person making the allegation can be named.

 

[AmericanHistoryX]

guys get serious, if 8-or 10 blokes of middle eastern appearance supposedly - tanked to the gills with alchohol, or potentially other substances, hurl abuse at you, whilst you are with your girlfriend, just you two - would you go ahead and punch the guy or just walk away and it ignore it. really - be serious. which alternative is common sense and prevails?

Personally I'd pull out some sick UFC moves and kick their asses whilst at the same time yelling out highlander but thats me.

I think from a lot of the comments on here there are a lot of posters as tough or even tougher than me supporting the tigers.

Smart-arse - have you ever needed to fight back just to protect yourself & missus?????

Noone is saying they're tough - just that they would stand-up for themselves in similar circumstances!!!

Go and sing Kum-By-Yah elsewhere!!!!

benji marshall is a icon - i am not fool - i wouldnt even make the back page - its a common assault - why is it in the headlines in this case. has it occurred to you yet? meh, you are not worthy replying to and you are not worthy of your avatar - :bash

 

[tigh]

Just because he has been charged does not mean the charge is VIABLY PROSECUTABLE at law!!!!
>
Alot of water to go under the bridge yet ladies & gents!!!!
\

**Lets hope the DPP drops the case.**
Maybe he just got upset when he found out that Benji Burger's aren't available at McDonalds?
\

Yep. Although more correctly, let's hope the DPP decide the case isn't strong enough to expect a reasonable chance of getting a conviction. As Redemption says there are still many stages to go. Someone would have to go to the trouble of puting a brief to take to the DPP which will only happen if the cops think there is a reasonable case. Then the DPP takes a look and says yay or nay. And I've seen the SDPP knock back some pretty solid looking cases

Let me give you an idea of what happens so as to stop the confusion and misleading statements.

Person attends police station and makes a complaint re assault. Has an injury (broken skin) which amounts to an Assault Occasioning Actual Bodily Harm (1 grade higher than Common Assault, but 1 grade below Assault Occasioning Grevous Bodily Harm). Police take a statement from the complainant. They then attempt to interview the other party to the incident. The other party attend and are interviewed by police, however they refuse to provide a version of events (which is their right). The police then have no option but to charge that person based on the version of events that has been provided by the complainant. Benji was charged with Assault Occasioning ABH, and this charge would have been backed up with the lesser charge of Common Assault.

So what happens now? He is bailed to appear at the Local Court (most likely the Downing Centre) in 6 weeks time for Mention. Between the date of being charged and the mention date, the police are required to prepare a brief of evidence, and serve this on the defense (Benji and his legal team).

First mention date - Benji will either plead guilty with an explanation, and the matter will be dealt with and finalised on the day (unless the Magistrate is considering a custodial sentence in which case he will adjourn the matter allowing for a pre-sentence report to be completed). If Benji pleads not guilty, the matter will be set down for hearing usually about 3-4 months from the mention date. At the hearing, witnesses will be called to give evidence from both sides (the prosecutin as well as the defense). A matter like this would probably go for 2 days. The Magistrate will make his decision as to guilt or innocence at the end of the hearing.

As for all this talk about the DPP dropping the charges (no Billing the matter)etc - hogswash. This matter is a Local Court matter that will be prosecuted by a Police Prosecutor. The DPP deal with matters in the District Court and above. They can however, involve themselves in matters of community significance in the Local COurt - something that this matter is not. IN that regard, the police have no power to plea bargain, nor do they have the power to drop charges (only the Commission of Police can do this in instances where taking the matter to court would be of no benefit to the community - very rare). There is however, the possibility that the complainant withdraw his complaint - in which case the charges will be immediately dropped. If the complainant does not withdraw his complaint - this matter will go before a Magisrate.

For all those getting their hopes up - that this will all blow over - sorry to burst your bubble. From my experience, Benji will either plead guilty with an explanation, or (based on what his Manager has said) be found guilty based on witness accounts. As for punishment from the courts - it is likely to be a fine and Good Behavour Bond.

I hope that makes the future course of events a little clearer for those not sure of what happens in these instances.

 

[fulleightyminutes]

Hey Tigh, thanks for the excellent and thorough explanation.

PS - am writing a TV show for the ABC based on legal/DPP work and that was just about the best summary of how the Local Court works I've read. It's made some stuff very clear to me. Thanks.

 

[Kul]

meanwhile the douche-bag walks away with an inflated ego

"Excuse me Mr Marshall. It is my opinion that Mr Darren Lockyer is an all-round better player at the game of Rugby League than you are. That is my opinion. Good night, dear sir. Fond travels."

pft!

justice…

 

[T-REXX]

I dont think he will be on a high after it all.. the Media will scrutinise him and he will cop the lime light like Benji did.. people reaction to him will make him crack

 

[tigr3]

In my humble opinion I think he would have a fair chance of fighting the charge and winning. There is likely to be a thousand witnesses and if some of them say the bloke appeared to have a threatening demeanor or said something that could be interpreted as threatening that will be enough to raise self defence, and a reasonable doubt of guilt for the jury. I wouldn't be surprised if the complaint is withdrawn before the mention date either.

 

[happy_tiger]

When will they release the name of the dog that made the report to police? What a low life piece of crap. You can't call somebody a "black c&%$ and not expect to get [automatically edited] slapped. What a sook running off to the police station. What happens on the field stays on the field.

Most of us agree mate!

Are you Happy Tiger's evil twin???

No red just another split personality

 

[Eddie]

HI all. Not the best way to start a season filled with promise.

We all love Benji. He is already a legend of the club and from all reports a very decent and caring person. A very loyal person, However He has had a brain snap here. Sure the bloke probably deserved it. But 2 days after he launched the season, one week before Round 1 What is going through his mind when he turns around and decides to clock the bloke?? Surely some of the potential consequences were running through his head??

Surely he would of known this would of got out to the media regardless of whether the drop kick went to the cops?? What happens if Benji knocks him out and he cracks his head on the concrete? Could of been a whole lot worse.

Benji should of walked away. Simple. It is unfair, very unfair. However thats the way it is these days. 3.20am in the morning, just walk away or don't be there at all. I support him 100% but he has made a mistake here. A mistake i'm sure he regrets deep down.

 

[happy_tiger]

Just because he has been charged does not mean the charge is VIABLY PROSECUTABLE at law!!!!
>
Alot of water to go under the bridge yet ladies & gents!!!!
\

**Lets hope the DPP drops the case.**
Maybe he just got upset when he found out that Benji Burger's aren't available at McDonalds?
\

Yep. Although more correctly, let's hope the DPP decide the case isn't strong enough to expect a reasonable chance of getting a conviction. As Redemption says there are still many stages to go. Someone would have to go to the trouble of puting a brief to take to the DPP which will only happen if the cops think there is a reasonable case. Then the DPP takes a look and says yay or nay. And I've seen the SDPP knock back some pretty solid looking cases

Let me give you an idea of what happens so as to stop the confusion and misleading statements.

Person attends police station and makes a complaint re assault. Has an injury (broken skin) which amounts to an Assault Occasioning Actual Bodily Harm (1 grade higher than Common Assault, but 1 grade below Assault Occasioning Grevous Bodily Harm). Police take a statement from the complainant. They then attempt to interview the other party to the incident. The other party attend and are interviewed by police, however they refuse to provide a version of events (which is their right). The police then have no option but to charge that person based on the version of events that has been provided by the complainant. Benji was charged with Assault Occasioning ABH, and this charge would have been backed up with the lesser charge of Common Assault.

So what happens now? He is bailed to appear at the Local Court (most likely the Downing Centre) in 6 weeks time for Mention. Between the date of being charged and the mention date, the police are required to prepare a brief of evidence, and serve this on the defense (Benji and his legal team).

First mention date - Benji will either plead guilty with an explanation, and the matter will be dealt with and finalised on the day (unless the Magistrate is considering a custodial sentence in which case he will adjourn the matter allowing for a pre-sentence report to be completed). If Benji pleads not guilty, the matter will be set down for hearing usually about 3-4 months from the mention date. At the hearing, witnesses will be called to give evidence from both sides (the prosecutin as well as the defense). A matter like this would probably go for 2 days. The Magistrate will make his decision as to guilt or innocence at the end of the hearing.

As for all this talk about the DPP dropping the charges (no Billing the matter)etc - hogswash. This matter is a Local Court matter that will be prosecuted by a Police Prosecutor. The DPP deal with matters in the District Court and above. They can however, involve themselves in matters of community significance in the Local COurt - something that this matter is not. IN that regard, the police have no power to plea bargain, nor do they have the power to drop charges (only the Commission of Police can do this in instances where taking the matter to court would be of no benefit to the community - very rare). There is however, the possibility that the complainant withdraw his complaint - in which case the charges will be immediately dropped. If the complainant does not withdraw his complaint - this matter will go before a Magisrate.

For all those getting their hopes up - that this will all blow over - sorry to burst your bubble. From my experience, Benji will either plead guilty with an explanation, or (based on what his Manager has said) be found guilty based on witness accounts. As for punishment from the courts - it is likely to be a fine and Good Behavour Bond.

I hope that makes the future course of events a little clearer for those not sure of what happens in these instances.

Thanks Tigh was wondering why it was not an aggravated assault charge but that explains it well Thank you

 

[tigh]

In my humble opinion I think he would have a fair chance of fighting the charge and winning. There is likely to be a thousand witnesses and if some of them say the bloke appeared to have a threatening demeanor or said something that could be interpreted as threatening that will be enough to raise self defence, and a reasonable doubt of guilt for the jury. I wouldn't be surprised if the complaint is withdrawn before the mention date either.

No jury sits in the Local Court - just a learned Magistrate.

Sorry tigr3 - but saying something threatening or having a threatening demeanor does not justify the use of force. And stricltly speaking, self defense is not a defense to assault - but the prosecution must disprove self defense should the defense raise it as an issue. In this case (at this stage), everything seems to point to the fact that Benji was walking away, but stopped, turned and approached the 'victim' prior to the alleged assault. This would make for a very simple argument for the prosecution, and I can confidently say that no court would deem such circumstances as self defense. But, none of us know what evidence will be presented. I sincerely hope that he will be found not guilty, however, on what has been alleged to have happened so far - I can't see that being the case.

Have a look at this link - it will give you all the details about AOABH and will allow you to make an **informed** opinion

http://www.policensw.com/info/misc_gun/assault1.html