Play Nice Was that Gaffs last game for WC?

[15yearmember]

A QC who deals with criminal assault and (I think) assaults on the footy pitch had some interesting comments on SEN about 20 minutes ago. From memory:

- Said without a question was an assault. Says the suspension should be 12 to 24 months.
- Said the police can lay charges without Brayshaw's assistance. The video is enough to do that.
- Said he defends people regularly on assault charges and this is as clean cut an example as you will find.
- Said intent is immaterial. You swing the fist and you bear the consequences, regardless of what you thought may happen.
- Said the fact that the assault occurred on the field during a match is immaterial. Assault is not one of the risks you reasonably assume when playing the game.


Yowzers.

Sure. Wanna bet $1000 that none of the above ever makes it to court?

The media will be interviewing Judge Judy next....


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[jdisc]

A QC who deals with criminal assault and (I think) assaults on the footy pitch had some interesting comments on SEN about 20 minutes ago. From memory:

- Said without a question was an assault. Says the suspension should be 12 to 24 months.
- Said the police can lay charges without Brayshaw's assistance. The video is enough to do that.
- Said he defends people regularly on assault charges and this is as clean cut an example as you will find.
- Said intent is immaterial. You swing the fist and you bear the consequences, regardless of what you thought may happen.
- Said the fact that the assault occurred on the field during a match is immaterial. Assault is not one of the risks you reasonably assume when playing the game.


Yowzers.

Wouldn't happen to be Tom Percy would it?

 

[JackOutback]

A QC who deals with criminal assault and (I think) assaults on the footy pitch had some interesting comments on SEN about 20 minutes ago. From memory:

- Said without a question was an assault. Says the suspension should be 12 to 24 months.
- Said the police can lay charges without Brayshaw's assistance. The video is enough to do that.
- Said he defends people regularly on assault charges and this is as clean cut an example as you will find.
- Said intent is immaterial. You swing the fist and you bear the consequences, regardless of what you thought may happen.
- Said the fact that the assault occurred on the field during a match is immaterial. Assault is not one of the risks you reasonably assume when playing the game.


Yowzers.

And despite all this, I'll bet dollars to doughnuts it doesn't go to court. No one wants to open that can of worms, not the AFL, not the players. People need to stop raising it as a realistic possibility.

 

[Scotland]

Weaker than belting someone in the face when they're not expecting it and breaking their jaw?

Obviously. What a zinger, ya got me.

Thankfully Adam Simpson had more options available to him after the incident than punch someone/don't punch someone.

 

[jdisc]

That is pretty much the sole reason Nisbett said their relationship was strained with Freo at the moment (other than the hit obviously), the fact that their chief legal council decided it would be a good idea to go on social media and have a rant about how Gaff should be imprisoned. Someone with legal training should surely know better than to make impassioned public statements while in an emotional state.

 

[15yearmember]

Wouldn't happen to be Tom Percy would it?

Good old unbiased Percy QC

Probably had a few during the game pre comment....

 

[basashi]

Its pretty weird now that the most hot headed, ill thought out and silly comments have come from the Eagles CEO. He should have taken time to calm down and think rationally before acting as rashly as he has.

 

[Scotland]

And despite all this, I'll bet dollars to doughnuts it doesn't go to court. No one wants to open that can of worms, not the AFL, not the players. People need to stop raising it as a realistic possibility.

It's almost like all the people on the internet calling for criminal charges haven't even considered the ramifications down the line...

 

[Sir_Loin]

Ahhh the WCE v Freo shit fight. A sight to behold

 

[Carl Spackler]

And despite all this, I'll bet dollars to doughnuts it doesn't go to court. No one wants to open that can of worms, not the AFL, not the players. People need to stop raising it as a realistic possibility.

He agreed that it would open a huge can of worms which why he suggested the AFL provide him a heavy suspension so that the police do not get involved. Also he said it was the worst case of assault on the footy pitch that he's ever seen.

Hyperbole? I don't know. He sounded serious. And he obviously is a defending attorney, not a prosecuting one. So who knows?

 

[15yearmember]

Its pretty weird now that the most hot headed, ill thought out and silly comments have come from the Eagles CEO. He should have taken time to calm down and think rationally before acting as rashly as he has.

Huh?

Nothing hot headed at all re Nisbet. He correctly told serial sex pest Lyon to not talk complete and utter crap in the heat of the moment.

 

[Scotland]

Its pretty weird now that the most hot headed, ill thought out and silly comments have come from the Eagles CEO. He should have taken time to calm down and think rationally before acting as rashly as he has.

I assume you are only referring to public comments. Nisbett is a peanut but he's got nothing on the collective minds of BigFooty.

 

[jedi mind tricks]

Nisbet is a flog for having a go at Ross Lyon

Have some decency

 

[basashi]

Good old unbiased Percy QC

Probably had a few during the game pre comment....

Its hard to deflect 2 prominent QCs. You have comprehensively argued Percy into a corner. What about Galbally?

 

[JD888]

Still not quite 24hrs since this thread started. Not quite at 100 pages yet. Wondering what the quickest time is that a thread went to 100 pages?

 

[Fadge]

The incident does raise an interesting question about where it does cross over to be a criminal offence.

I'd go as far as to say that if this incident happened anywhere other than a football field - workplace, pub, street - and there was video evidence, it would definitely be a criminal offence.

If a player absolutely kicked the living daylights out of an opponent, repeatedly, and left them as a vegetable, I don't reckon there would be too many saying that shouldn't result in time in the big house.

So where is the line?

 

[threesixpio]

And yet we are seeking to punish Gaff for breaking a jaw which is far LESS serious than concussions. And we've seen a few punches resulting in concussions getting 2-4 weeks max...

Is the emotional over play because some folks saw blood and Brayshaw is young? Both pretty irrelevant in terms of the punishment warranted.


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Breaking someone’s jaw is not far less serious than a concussion. What a crock of shit.

 

[kaiserchief13]

Breaking someone’s jaw is not far less serious than a concussion. What a crock of shit.

What long term effects does a broken jaw have?

 

[liz]

And yet we are seeking to punish Gaff for breaking a jaw which is far LESS serious than concussions. And we've seen a few punches resulting in concussions getting 2-4 weeks max...

Is the emotional over play because some folks saw blood and Brayshaw is young? Both pretty irrelevant in terms of the punishment warranted.


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Not sure that a broken jaw is conclusively "far LESS serious than concussions". There are long term implications of multiple concussions, many of which aren't properly understood yet, but the immediate impact isn't as severe as an operation to fix a broken jaw and the inability to eat solids for a year. And it's possible that Brayshaw suffered a concussion too - we haven't been told.

I doubt anyone would receive a 2-4 week penalty for an off the ball punch that was hard enough to cause concussion, even if it didn't break any bones. Can you cite any examples? The most recent comparable incident was Bugg just over a year ago. He got six weeks. Cameron's wasn't quite the same, given he was at least in the vicinity of the ball, notwithstanding the fact that the raising of the elbow in a marking contest is classified by the AFL as being intentional. And he got five - more than the two to 4 that you quote.

 

[Tas]

I doubt Brayshaw is going to be launching a claim against Gaff. I don’t see how this could possibly amount to a civil claim unless Brayshaw doesn’t return from his injuries. Insurance will cover off the rest of any expenses incurred in his recovery.

Yeah, I doubt it as well. Just saying that it is a possibility and should it be something that comes up I am sure it will be dealt with behind closed doors and they would come to terms so I don't believe there needs to be any real hysterics. I am sure they will look after Brayshaw and it is going to be extremely painful for him to be sucking his meals through a straw for a month.

Sadly, for victims of anything, you can't undo what has been done to them. It doesn't mean we need to resort to extremes or even be cruel to the perpetrator because I don't think it was something premeditated and malicious. If he is remorseful and if he will learn and be rehabilitated by more lenient punishment then that should be something that is looked at. Not suggesting he should get let off, but we are often motivated by vengeance rather than rehabilitation.

If it was a serial sniper who has been let of leniently for numerous issues then I would say perhaps being lenient hasn't got the message through and nor has he rehabilitated to an acceptable standard and something more severe would be in order.

 

[Rich01]

Eagles fans at the game reportedly cheering Gaff after King hitting Brayshaw.

Strange behaviour from the same mob that booed Adam Goodes for some unknown reason.

They have really weird values those Eagles members.

 

[Sir_Loin]

Yeah, I doubt it as well. Just saying that it is a possibility and should it be something that comes up I am sure it will be dealt with behind closed doors and they would come to terms so I don't believe there needs to be any real hysterics. I am sure they will look after Brayshaw and it is going to be extremely painful for him to be sucking his meals through a straw for a month.

Sadly, for victims of anything, you can't undo what has been done to them. It doesn't mean we need to resort to extremes or even be cruel to the perpetrator because I don't think it was something premeditated and malicious if he is remorseful and if he will learn and be rehabilitated by more lenient punishment. Not suggesting he should get let off, but we are often motivated by vengeance rather than rehabilitation.

If it was a serial sniper who has been let of leniently for numerous issues then I would say perhaps being lenient hasn't got the message through and nor has he rehabilitated to an acceptable standard and something more severe would be in order.

I agree with you on that. I have no interest in anything other than the AFL dishing up the appropriate sanction and then moving on.

 

[15yearmember]

Its hard to deflect 2 prominent QCs. You have comprehensively argued Percy into a corner. What about Galbally?

Galbally didn't actually say anything.

"If he did that on the street he could get jail time "..

"I can't completely rule out the possibility of the police bringing charges"

"it's very unlikely to happen"

Thanks David. Really added something...

 

[threesixpio]

What long term effects does a broken jaw have?

A number of concussions can lead to very serious conditions

Breaking someone’s jaw at least leads to someone not eating solids for a month. Perhaps some of our Dr friends could add to this dicussion

 

[15yearmember]

Eagles fans at the game reportedly cheering Gaff after King hitting Brayshaw.

Strange behaviour from the same mob that booed Adam Goodes for some unknown reason.

They have really weird values those Eagles members.

The video of the incident wasn't played at the stadium.

Most Eagles fans at the game hadn't seen the incident until after the game...