Murray Newman

[Ljp86]

well Grievous Bodily Harm is what you get charged with when you actually seriously injure someone, so you could beat them half to death, or just break their jaw, its a pretty broad net. the 3 years may have been for something pretty savage.

he will not go to jail for his first offence.

The term Grievous Bodily Harm means any bodily injury of such a nature as to endanger, or be likely to endanger life, or to cause, or be likely to cause, permanent injury to health.

The maximum penalty is 10 years but could be 14 if other circumstances are met. GBH is a very serious charge, I would be very, very surprised if Newman is not gaoled if he is found guilty as this isn't just a simple assault charge.

If he is found guilty and imprisoned he should be sacked immediately.

 

[lyall]

If he is found guilty and imprisoned he should be sacked immediately.

Definitely

 

[ChampRevesby]

If he is found guilty and imprisoned he should be sacked immediately.

Well I agree but it would be such a terrible waste

 

[Eastern Rangers]

The term Grievous Bodily Harm means any bodily injury of such a nature as to endanger, or be likely to endanger life, or to cause, or be likely to cause, permanent injury to health.

The maximum penalty is 10 years but could be 14 if other circumstances are met. GBH is a very serious charge, I would be very, very surprised if Newman is not gaoled if he is found guilty as this isn't just a simple assault charge.

If he is found guilty and imprisoned he should be sacked immediately.

Without know the specifics of the case it's hard to say. People found guilty of their first low-mid level GBH are often given suspended sentences because it's a waste of time locking them up.

 

[the harry]

If he is found guilty and imprisoned he should be sacked immediately.

He could play on day release?

 

[Marlin01]

The term Grievous Bodily Harm means any bodily injury of such a nature as to endanger, or be likely to endanger life, or to cause, or be likely to cause, permanent injury to health.

The maximum penalty is 10 years but could be 14 if other circumstances are met. GBH is a very serious charge, I would be very, very surprised if Newman is not gaoled if he is found guilty as this isn't just a simple assault charge.

If he is found guilty and imprisoned he should be sacked immediately.

LJP, can anything be gleaned from the fact the hearing is scheduled for 3 days? That seems like a long hearing to me. Is that a standard length for a hearing of this type?

 

[QS]

There is obviously an element to the injury that we do not know about for GBH to be the preferred charge, such as a permanent injury to the jaw etc., otherwise they would have charged him with assault occasioning bodily harm (perhaps they are deliberately taking the defence of provocation out of the picture..).

That said, it rates pretty lowly on the GBH scale in my view so he would be most unlucky not to have any prison sentence suspended for a first offence.

 

[QS]

LJP, can anything be gleaned from the fact the hearing is scheduled for 3 days? That seems like a long hearing to me. Is that a standard length for a hearing of this type?

Quantity of witnesses, medical evidence, evidence in chief, cross examination etc.

 

[the harry]

There is obviously an element to the injury that we do not know about for GBH to be the preferred charge, such as a permanent injury to the jaw etc., otherwise they would have charged him with assault occasioning bodily harm (perhaps they are deliberately taking the defence of provocation out of the picture..).

That said, it rates pretty lowly on the GBH scale in my view so he would be most unlucky not to have any prison sentence suspended for a first offence.

Yeah victim impact statement would be an interesting read.

Ideally they'll offer a lesser charge for an early plea.

 

[pantskyle]

Just let him off. Be cool magistrate.

 

[QS]

Yeah victim impact statement would be an interesting read.

Ideally they'll offer a lesser charge for an early plea.

As it is now a hearing, I have a feeling no lesser charge was proffered. That would have been done earlier I think.
They must have some solid evidence, but if the evidence does not give rise to a finding of GBH but one of AOBH the judge may direct the jury accordingly (at least this is my understanding).

 

[QS]

Just let him off. Be cool magistrate.

Gone past a magistrate mate! Will be an actual judge.

 

[pantskyle]

Gone past a magistrate mate! Will be an actual judge.

Be cool Judge come on.

 

[QS]

Be cool Judge come on.

Hey Jud(y)e....

 

[the harry]

As it is now a hearing, I have a feeling no lesser charge was proffered. That would have been done earlier I think.
They must have some solid evidence, but if the evidence does not give rise to a finding of GBH but one of AOBH the judge may direct the jury accordingly (at least this is my understanding).

Yeah they, as in Newman and his lawyer, said they were open to pleading out. Just hope that the prosecution wants it sorted easier.

Be cool Judge come on.

Application for a finding of "boys will be boys" Judge Snyder?

 

[pantskyle]

 

[QS]

Yeah they, as in Newman and his lawyer, said they were open to pleading out. Just hope that the prosecution wants it sorted easier.

Which leads me to believe there must be a strong case for GBH.. if they have represented that they would plead guilty to AOBH, then if the prosecution are not biting that bait tells me they are confident of a conviction :S. I still do not think a custodial is likely, but AOBH looks a fair bit better on your record than GBH!!

 

[ehhh_morton]

Be cool Judge come on.

http://images.watoday.com.au/2009/05/24/538196/Article-judge-420x0.jpg

 

[Lucky Luc]

These matters depend on how well connected your layer is-
The magistrate or Judge you get on the day,
If you smart enough to plead guilty and accept the consequences.

 

[pantskyle]

These matters depend on how well connected your layer is-
The magistrate or Judge you get on the day,
If you smart enough to plead guilty and accept the consequences.

I always get the best layers.

 

[Miguel Sanchez]

It'll be a jury trial if it's in the District Court, won't it?

 

[tesseract]

Just let him off.

Can't. He lacks a vagina.

 

[the harry]

Been doing some reading on how high profile people get when they probably shouldn't and I came across this...
http://www.abc.net.au/news/2013-09-...hment-as-drink-driving-charge-dropped/4947944

So anyway, I think we can re word a good case for Newman

Ms Credlin's Mr Newman's lawyer argued for the charge to be dismissed due to her his otherwise clean driving clubbing record and the punishment already received by having the matter play out in the media.
Her His lawyer also told the court that incoming Attorney-General George Brandis outgoing Eagles coach Woosha, had written to the court describing Ms Credlin's Mr Newman's exemplary character and how she he had a 21-year unblemished driving clubbing record.

 

[Eastern Rangers]

There is obviously an element to the injury that we do not know about for GBH to be the preferred charge, such as a permanent injury to the jaw etc., otherwise they would have charged him with assault occasioning bodily harm (perhaps they are deliberately taking the defence of provocation out of the picture..).

That said, it rates pretty lowly on the GBH scale in my view so he would be most unlucky not to have any prison sentence suspended for a first offence.

Could have been knocked out which could easily bring the charge of GBH.

 

[QS]

Could have been knocked out which could easily bring the charge of GBH.

I think this is right.
Would need to have done some damage though! If you are alluding to the hitting the floor (a supposition) then any injury sustained in that would likely need to cause a bodily injury consistent with the definition of GBH.

Interesting to note though that now s 281 assault causing death, wipes out (pretty much) any hope of establishing the defence of accident if a guy hits the floor and dies. So much on the line now if someone elects to punch another when pissed.