Guest Haris Vuckic Posted October 25, 2010 Share Posted October 25, 2010 Same thing happened in that scene in trainspotting, wet glass. Link to post Share on other sites More sharing options...
Guest BooBoo Posted October 25, 2010 Share Posted October 25, 2010 Prosecution obviously knew they couldn't prove the intent to throw the glass. I'm guessing crappy CCTV footage after all, the quality in many pubs and clubs is generally terrible. Maybe a witness didn't turn up to compound the problem. Whatever, he's dodged a bullet. I wouldn't be surprised if the common assault on the girl is also binned. Link to post Share on other sites More sharing options...
cp40 Posted October 25, 2010 Share Posted October 25, 2010 Prosecution obviously knew they couldn't prove the intent to throw the glass. I'm guessing crappy CCTV footage after all, the quality in many pubs and clubs is generally terrible. Maybe a witness didn't turn up to compound the problem. Whatever, he's dodged a bullet. I wouldn't be surprised if the common assault on the girl is also binned. yep- needs to learn from it tho. Link to post Share on other sites More sharing options...
Dave Posted October 25, 2010 Share Posted October 25, 2010 Prosecution obviously knew they couldn't prove the intent to throw the glass. I'm guessing crappy CCTV footage after all, the quality in many pubs and clubs is generally terrible. Maybe a witness didn't turn up to compound the problem. Whatever, he's dodged a bullet. I wouldn't be surprised if the common assault on the girl is also binned. yep- needs to learn from it tho. Especially now every dickhead in Newcastle thinks all they have to do is start on him and they might be in for a nice payday. Link to post Share on other sites More sharing options...
cp40 Posted October 25, 2010 Share Posted October 25, 2010 Prosecution obviously knew they couldn't prove the intent to throw the glass. I'm guessing crappy CCTV footage after all, the quality in many pubs and clubs is generally terrible. Maybe a witness didn't turn up to compound the problem. Whatever, he's dodged a bullet. I wouldn't be surprised if the common assault on the girl is also binned. yep- needs to learn from it tho. Especially now every dickhead in Newcastle thinks all they have to do is start on him and they might be in for a nice payday. needs to take himself out of it altogether tbh. Link to post Share on other sites More sharing options...
GM Posted October 25, 2010 Share Posted October 25, 2010 Well at least the reputation of the good old British justice system is safe in light of this outcome. Link to post Share on other sites More sharing options...
Dave Posted October 25, 2010 Share Posted October 25, 2010 Prosecution obviously knew they couldn't prove the intent to throw the glass. I'm guessing crappy CCTV footage after all, the quality in many pubs and clubs is generally terrible. Maybe a witness didn't turn up to compound the problem. Whatever, he's dodged a bullet. I wouldn't be surprised if the common assault on the girl is also binned. yep- needs to learn from it tho. Especially now every dickhead in Newcastle thinks all they have to do is start on him and they might be in for a nice payday. needs to take himself out of it altogether tbh. If he absolutely has to go out on the piss, he should consider doing so where every other person doesn't know him and his behaviour. Link to post Share on other sites More sharing options...
ED209 Posted October 25, 2010 Share Posted October 25, 2010 if it was an accident, and not intentional or reckless as mr justice watsitsface says then legally its erm not actually an assault!!!!!!!! I think he has cocked up big style in his summing up. Link to post Share on other sites More sharing options...
Belfast Boy Posted October 25, 2010 Share Posted October 25, 2010 if it was an accident, and not intentional or reckless as mr justice watsitsface says then legally its erm not actually an assault!!!!!!!! I think he has cocked up big style in his summing up. He is saying the glass hitting him was not intentional as it slipped out of his hand. The assault for which he has been fined is the throwing of the drink over him. Link to post Share on other sites More sharing options...
Guest BooBoo Posted October 25, 2010 Share Posted October 25, 2010 Even hurling the contents of a glass at someone is nearly always reckless as there's always the chance the glass will slip out of your hand. Defence must have insisted that the basis of plea was that there was no intent or recklessness, reflected in the relatively mild sentence. Link to post Share on other sites More sharing options...
Guest Mantis Posted October 25, 2010 Share Posted October 25, 2010 Nobody posted the details yet? Sentencing Carroll, Judge Esmond Faulks said: "The prosecution accept you did not intend to injure Mr Cook, so that what happened to him was effectively an accident. "In these unusual circumstances I can proceed to deal with you by way of a financial penalty." The hearing heard that Carroll had drunk between eight and nine pints of lager before he lashed out at Sunday League footballer Mr Cook. Mr Cook was squeezing through the crowd when he spilt some of his drink on a woman who was standing next to Carroll, prosecutor Peter Gair said. She verbally abused Mr Cook and poured her drink over his top. He then threw a drink in her face. Carroll then hurled the contents of his glass over Mr Cook. Mr Gair said: "What happened was not a deliberate or reckless act but as a consequence of his throwing the drink. "His hand was wet; his glass left his hand and it struck Mr Cook above his right eye." Stuart Driver, defending, said: "The fact he is a famous footballer gives him no advantage in this court room at all. "In life it gives him opportunities and luxuries but it also brings with it unwanted attention and that is something he is going to have to learn to live with. "He is a Gateshead boy. He loves the city of Newcastle and wants to live his life within it. "Liquid was deliberately thrown but the glass accidentally travelled through the air due to the glass having been made wet." aye righto, and shearer slipped at filbert street. Be fair, we are starting to establish that young Andrew is seriously misunderstood. It isn't his fault his drinking/punching arm is shakier than a parkinsons sufferer having a tug. Link to post Share on other sites More sharing options...
ED209 Posted October 25, 2010 Share Posted October 25, 2010 if it was an accident, and not intentional or reckless as mr justice watsitsface says then legally its erm not actually an assault!!!!!!!! I think he has cocked up big style in his summing up. He is saying the glass hitting him was not intentional as it slipped out of his hand. The assault for which he has been fined is the throwing of the drink over him. Link to post Share on other sites More sharing options...
jdckelly Posted October 25, 2010 Share Posted October 25, 2010 if it was an accident, and not intentional or reckless as mr justice watsitsface says then legally its erm not actually an assault!!!!!!!! I think he has cocked up big style in his summing up. He is saying the glass hitting him was not intentional as it slipped out of his hand. The assault for which he has been fined is the throwing of the drink over him. thats assault? Link to post Share on other sites More sharing options...
cp40 Posted October 25, 2010 Share Posted October 25, 2010 Doesthis mean everybody can now use this defence and it has to be accepted? Link to post Share on other sites More sharing options...
ED209 Posted October 25, 2010 Share Posted October 25, 2010 if it was an accident, and not intentional or reckless as mr justice watsitsface says then legally its erm not actually an assault!!!!!!!! I think he has cocked up big style in his summing up. He is saying the glass hitting him was not intentional as it slipped out of his hand. The assault for which he has been fined is the throwing of the drink over him. thats assault? yup the same way as spitting at someone is an assault, in fact no contact actually has to be made for an assault to take place, what is needed is - to cause another person to intentionally or recklessly apprehend immediate and unlawful violence. The mens rea is that this fear must have been caused either intentionally or recklessly. A battery is committed when the threatened force actually results in contact to the other and that contact was caused either intentionally or recklessly. Link to post Share on other sites More sharing options...
Cajun Posted October 25, 2010 Share Posted October 25, 2010 Someone who was there said that's exactly what happened when this first came out, I can't be arsed to find it but it will be on here somewhere. Link to post Share on other sites More sharing options...
quayside Posted October 25, 2010 Share Posted October 25, 2010 Unless I've missed something here it sounds like the injury to Cook wasn't too serious, surely if Carroll had intended to do real harm with the glass he could have? Link to post Share on other sites More sharing options...
Guest BooBoo Posted October 25, 2010 Share Posted October 25, 2010 A while back I found a similar case where the defendant did a similar thing and caused a permanent if small scar to the victim. Went to full trial for AOABH and the defendant got a suspended custodial sentence. Link to post Share on other sites More sharing options...
Dave Posted October 25, 2010 Share Posted October 25, 2010 Someone who was there said that's exactly what happened when this first came out, I can't be arsed to find it but it will be on here somewhere. Didn't someone on here basically say he lobbed the glass at him from the other end of the bar? Link to post Share on other sites More sharing options...
Cajun Posted October 25, 2010 Share Posted October 25, 2010 Yeah I think I remember that I just remember someone saying he went to throw his drink over him but it slipped out (basically what the statement you posted says). Link to post Share on other sites More sharing options...
Guest Stephen927 Posted October 25, 2010 Share Posted October 25, 2010 A grand fine before Christmas. Going to be a long winter for the Nolan brothers. Link to post Share on other sites More sharing options...
Cajun Posted October 25, 2010 Share Posted October 25, 2010 A grand fine before Christmas. Going to be a long winter for the Nolan brothers. Hope Nolan has taken it into account with this months rent. Link to post Share on other sites More sharing options...
LoveItIfWeBeatU Posted October 25, 2010 Share Posted October 25, 2010 The hearing heard that Carroll had drunk between eight and nine pints of lager before he lashed out at Sunday League footballer Mr Cook. Good to see our players keep themselves in tip top condition. Link to post Share on other sites More sharing options...
broonalegeordie Posted October 25, 2010 Share Posted October 25, 2010 Mrs Nolan will have to buy the Basics range this week when she goes shopping if Carroll can't afford to pay any house keeping. She wont be able to afford to feed Kev and the rest of them now Link to post Share on other sites More sharing options...
Guest Haris Vuckic Posted October 25, 2010 Share Posted October 25, 2010 He's an old fashioned number 9 man! http://i.dailymail.co.uk/i/pix/2009/08/11/article-1205816-06072B54000005DC-456_308x263.jpg Link to post Share on other sites More sharing options...
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