Brewster and McBurnie Charged

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I'm seriously worried by this case. McBurnie is charged with assault by beating. Just as he's now scoring for fun - reminiscent of Ched Evans back in the day when we were storming the third division - I fear the verdict that he might face in December. Assault by beating often incurs a six-month custodial sentence. This alongside our injury crisis would utterly scupper our promotion chances. Let's hope we have sympathetic magistrates in December.
 
Lincoln Blade 1889 said:
I'm seriously worried by this case. McBurnie is charged with assault by beating. Just as he's now scoring for fun - reminiscent of Ched Evans back in the day when we were storming the third division - I fear the verdict that he might face in December. Assault by beating often incurs a six-month custodial sentence. This alongside our injury crisis would utterly scupper our promotion chances. Let's hope we have sympathetic magistrates in December.
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I share your concern about the sentence he might receive but don’t think it would necessarily scupper our promotion chances if he were to be banged up .

We showed at the back end of last season that we are perfectly capable of scoring goals without a conventional number 9 and as a bonus , the indications are are that Billy may be back soon .

This is not a Ched situation where he was virtually the only one capable of scoring . UTB
 
Isaw Joeshaw said:
I share your concern about the sentence he might receive but don’t think it would necessarily scupper our promotion chances if he were to be banged up .

We showed at the back end of last season that we are perfectly capable of scoring goals without a conventional number 9 and as a bonus , the indications are are that Billy may be back soon .

This is not a Ched situation where he was virtually the only one capable of scoring . UTB
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I really hope you're right Isaw.
 
This is what I don't like about the law.

The idea that people who are where they shouldn't be can still claim some sort of protection.

If someone breaks into your house and you catch them robbing you and deal out a bit of a pasting to them, then you can get done for GBH.

Feels a little similar here. Guy already breaking the law, contributing to a threatening, dangerous scene where one player has already been hurt.

Notwithstanding McBurnie had an injured leg and it isn't clear he placed his foot on him, not on the videos I saw, but feeling under threat why would you wait to defend yourself?

If an intruder was in your home, are you supposed to wait for him to attack you first or should you take the initiative and have the element of surprise on your side?
 
Champagneblade said:
This is what I don't like about the law.

The idea that people who are where they shouldn't be can still claim some sort of protection.

If someone breaks into your house and you catch them robbing you and deal out a bit of a pasting to them, then you can get done for GBH.

Feels a little similar here. Guy already breaking the law, contributing to a threatening, dangerous scene where one player has already been hurt.

Notwithstanding McBurnie had an injured leg and it isn't clear he placed his foot on him, not on the videos I saw, but feeling under threat why would you wait to defend yourself?

If an intruder was in your home, are you supposed to wait for him to attack you first or should you take the initiative and have the element of surprise on your side?
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Wait, what are you doing in your home though, you shouldn't even be there! 🤪
 
I think the Sharp assault might just help him out here.
If Mcburnie is guilty of a preemptive strike, made in self defence, after seeing what happened to Sharp, and fearing for his own and the safety of his colleagues, then theres a chance he will receive a caution, at worst a suspended sentence.
The fan shouldn't have put himself in that situation to start with.
 
Champagneblade said:
This is what I don't like about the law.

The idea that people who are where they shouldn't be can still claim some sort of protection.

If someone breaks into your house and you catch them robbing you and deal out a bit of a pasting to them, then you can get done for GBH.

Feels a little similar here. Guy already breaking the law, contributing to a threatening, dangerous scene where one player has already been hurt.

Notwithstanding McBurnie had an injured leg and it isn't clear he placed his foot on him, not on the videos I saw, but feeling under threat why would you wait to defend yourself?

If an intruder was in your home, are you supposed to wait for him to attack you first or should you take the initiative and have the element of surprise on your side?
Click to expand...
I guess it will come down to the interpretation of what was ‘reasonable’ force for McB to use in the circumstances. If the other guy had been on his feet in a more confrontational position, I doubt it would have got this far. However, if he was on the ground and MvB is deemed to have booted him when he was not posing a threat it will be viewed differently.

Same as if an intruder breaks into your house - if someone comes charging right at you and you smack them around the head with a golf club, you would have been protecting yourself and a conviction would be very unlikely, but you smacked someone over the head with a golf club when they were trying to run away you’d be on a sticky wicket.
 
Champagneblade said:
If an intruder was in your home, are you supposed to wait for him to attack you first or should you take the initiative and have the element of surprise on your side?
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Yes, you are.

Or at least that’s the version you must tell the Police. If you say I tip toed up behind him and twatted him with a 9 iron, you’d get charged with assault.
If you said I heard a noise, got my golf club for protection but he saw me and attacked me, so I twatted him with the 9 iron, you wouldn’t.

A burglar is unlikely to have several people videoing the incident or giving witness statements though, that’s the difference here 🤷🏻‍♂️
 
1889 said:
Many high profile people have been facing criminal charges, well known footballers amongst them, when the complainant has suddenly had second thoughts and decides that they no longer wish to support a prosecution and the case is consequently dismissed.

Why these people have a sudden change of heart is, of course, open to speculation………🤔
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The penalty for blackmail can be up to 14 years in prison.
 
Withington Blade said:
I guess it will come down to the interpretation of what was ‘reasonable’ force for McB to use in the circumstances. If the other guy had been on his feet in a more confrontational position, I doubt it would have got this far. However, if he was on the ground and MvB is deemed to have booted him when he was not posing a threat it will be viewed differently.

Same as if an intruder breaks into your house - if someone comes charging right at you and you smack them around the head with a golf club, you would have been protecting yourself and a conviction would be very unlikely, but you smacked someone over the head with a golf club when they were trying to run away you’d be on a sticky wicket.
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If you twat him with a cricket bat instead of a golf club, are you still on a sticky wicket? 😉

Also of you swear on the bible to tell the truth, can you ask for the Old Testament? The one which has eye for na eye, tooth for a tooth?!
 
Last edited:
1889 said:
Many high profile people have been facing criminal charges, well known footballers amongst them, when the complainant has suddenly had second thoughts and decides that they no longer wish to support a prosecution and the case is consequently dismissed.

Why these people have a sudden change of heart is, of course, open to speculation………🤔
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Would lawyers be allowed to offer a settlement? Ie they pay off someone to drop charges? Does this break any particular law or a grey area?
 

We will have top notch lawyers. If they cant get him off this they want shooting. Colleague brutally.attacked at his place of.work by people.alteady breaking the law by being on the pitch. Hes surrounded by a baying.mob and reacted out of character...whoops thats not.gonna work is it?

And therein lies the problem of being a bit of a knob, when you need the benefit of.the doubt it wont be forthcoming.

This.could go either way logic.says they shouldn't have been on the pitch, history says McB likes to put his foot in and evidence seems to suggest he may have
 
If he pleads not guilty it could drag on for ages. Not sure how it works, but wouldn't he be entitled to a jury trial if he denies the charges?

As others have said, the pitch invasion and the attack on Billy will be mitigating circumstances. His teammates will probably be happy to provide evidence if needed. I can't see him being banged up for this.
 
1889 said:
Many high profile people have been facing criminal charges, well known footballers amongst them, when the complainant has suddenly had second thoughts and decides that they no longer wish to support a prosecution and the case is consequently dismissed.

Why these people have a sudden change of heart is, of course, open to speculation………🤔
Click to expand...

Makes no difference whether the Florist kid has second thoughts or not, it is the CPS that have bought charges against him as it is a criminal case, not a civil case...the only way it will get dropped is if the CPS review and decide there isn't enough evidence after all.
 
Champagneblade said:
This is what I don't like about the law.

The idea that people who are where they shouldn't be can still claim some sort of protection.

If someone breaks into your house and you catch them robbing you and deal out a bit of a pasting to them, then you can get done for GBH.

Feels a little similar here. Guy already breaking the law, contributing to a threatening, dangerous scene where one player has already been hurt.

Notwithstanding McBurnie had an injured leg and it isn't clear he placed his foot on him, not on the videos I saw, but feeling under threat why would you wait to defend yourself?

If an intruder was in your home, are you supposed to wait for him to attack you first or should you take the initiative and have the element of surprise on your side?
Click to expand...
It's not the same as being in your own home though.
If you break the law, it doesn't mean you are then a free target.
I don't think McB should be charged
The kid is taking the piss from what I've seen.
But if there is other real evidence, that McB did assault him, then he's in bother.
 
Torrix1889 said:
Makes no difference whether the Florist kid has second thoughts or not, it is the CPS that have bought charges against him as it is a criminal case, not a civil case...the only way it will get dropped is if the CPS review and decide there isn't enough evidence after all.
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Which could happen if the scummer is part of the case working or not.
 
Torrix1889 said:
Makes no difference whether the Florist kid has second thoughts or not, it is the CPS that have bought charges against him as it is a criminal case, not a civil case...the only way it will get dropped is if the CPS review and decide there isn't enough evidence after all.
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If the kid refuses to give evidence the case will fold
 
Talking to a DI about it, they get so frustrated at the CPS, they spend weeks and months on a serious case only for the CPS to tell them they need more evidence, and petty things like this get sent to trial. then the press and general public blame the police for wasting time. He cant believe its gone this far and is sure it wont get to trial.
 
Greasy Chap Butty said:
It's not the same as being in your own home though.
If you break the law, it doesn't mean you are then a free target.
I don't think McB should be charged
The kid is taking the piss from what I've seen.
But if there is other real evidence, that McB did assault him, then he's in bother.
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From 21st April 2022:

"He’s got ligament damage and some fractures. We’ll look further into it to see if it needs surgery.
It’s going to be a matter of months not weeks. It’s a blow for him and a blow for us.”

This guy isn't going to be 'stamping' on anybody on 17th May
 
Harrisblade said:
From 21st April 2022:

"He’s got ligament damage and some fractures. We’ll look further into it to see if it needs surgery.
It’s going to be a matter of months not weeks. It’s a blow for him and a blow for us.”

This guy isn't going to be 'stamping' on anybody on 17th May
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That's my view. and hopefully it'll get kicked out of court.
The only point im making is that twats being twats on the pitch in itself doesn't overturn any other action. Obviously self defence can come into it.
 
1889 said:
Or at least that’s the version you must tell the Police. If you say I tip toed up behind him and twatted him with a 9 iron, you’d get charged with assault.
If you said I heard a noise, got my golf club for protection but he saw me and attacked me, so I twatted him with the 9 iron, you wouldn’t.
Click to expand...

Would you be in less trouble if you twatted him with a PW or SW? They don't as far after all 🤔 😂
 

Upton_Blade said:
Would you be in less trouble if you twatted him with a PW or SW? They don't as far after all 🤔 😂
Click to expand...
Well a driver is probably the club of choice, but it is largely dependant on the size of the room you're lawfully defending yourself in I suppose? 😉
 
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