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Chris Martin and Grant Holt's Senteces...

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[quote user="NCFC-47"]Neither can go to prison [/quote]From actually doing Law, i think you''ll find that a S.39 Assault or Battery can carry imprisonment for up to 6months. Unlikely, and the harshest punishment, but don''t automatically claim ''neither can go to prison'' when actually you''re wrong..

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[quote user="hogesar"][quote user="NCFC-47"]Neither can go to prison [/quote]From actually doing Law, i think you''ll find that a S.39 Assault or Battery can carry imprisonment for up to 6months. Unlikely, and the harshest punishment, but don''t automatically claim ''neither can go to prison'' when actually you''re wrong..[/quote]He was charged with common assault though, and from what I have heard (from a pretty reliable source) its a crock of crap.

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[quote user="morty"][quote user="hogesar"][quote user="NCFC-47"]Neither can go to prison
[/quote]

From actually doing Law, i think you''ll find that a S.39 Assault or Battery can carry imprisonment for up to 6months. Unlikely, and the harshest punishment, but don''t automatically claim ''neither can go to prison'' when actually you''re wrong..
[/quote]

He was charged with common assault though, and from what I have heard (from a pretty reliable source) its a crock of crap.
[/quote]What do you know Morty, you big woofter? [:S]

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[quote user="morty"][quote user="hogesar"][quote user="NCFC-47"]Neither can go to prison [/quote]From actually doing Law, i think you''ll find that a S.39 Assault or Battery can carry imprisonment for up to 6months. Unlikely, and the harshest punishment, but don''t automatically claim ''neither can go to prison'' when actually you''re wrong..[/quote]He was charged with common assault though, and from what I have heard (from a pretty reliable source) its a crock of crap.[/quote]

Common Assault is assault and battery. It carries a maximum 6 month sentence.

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[quote user="NCFC_Thain"][quote user="morty"][quote user="hogesar"][quote user="NCFC-47"]Neither can go to prison [/quote]From actually doing Law, i think you''ll find that a S.39 Assault or Battery can carry imprisonment for up to 6months. Unlikely, and the harshest punishment, but don''t automatically claim ''neither can go to prison'' when actually you''re wrong..[/quote]He was charged with common assault though, and from what I have heard (from a pretty reliable source) its a crock of crap.[/quote]

Common Assault is assault and battery. It carries a maximum 6 month sentence.[/quote]Right.Personally, I would be extremely surprised if he receives anything more than a fine or a bit of community service.

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I have also done law and the 6 months in prison is, indeed, correct.It is unlikely, but it''s not his first offence now..

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Ha! I know exactly what happened with Chris Martin, and I won''t be saying anything more about it for obvious reasons. However, Morty, I can tell you it''s a bit more serious that "a crock of crap". I cant imagine he''ll get anything more than a fine, but just a crock of crap it ain''t!

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[quote user="Buzz Killington"]Ha! I know exactly what happened with Chris Martin, and I won''t be saying anything more about it for obvious reasons. However, Morty, I can tell you it''s a bit more serious that "a crock of crap". I cant imagine he''ll get anything more than a fine, but just a crock of crap it ain''t![/quote]Perhaps you do know more about it, I have no idea. I have heard a version regarding what the police think about it, which will hopefully be the one that the court bases its judgement on.

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[quote user="Tangible Fixed Assets anyone"]I stand to be corrected on this but if the case is heard in front of the Magistrates then I think the maximum custodial period they can give is six months. Otherise it has to be heard at a higher court.[/quote]

 

This is correct [;)]

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Here''s the sentencing guidelines for common assault and factors that can affect the sentence. I don''t know the spacifics of the incident so no idea where it will fall in the scale of things.

http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/common_assult/

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Doesn''t Martin have to go to court on the same day we play Doncaster away? If so will he just miss the game or will there be the whole will he/won''t he make the game scenario like Grant Holt on the opening game?

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As far as I''m aware (and I work in a court):

Common Assault can be anything such as spitting. (Non imprisonable)

Battery falls under Section 39 which is Assault by Beating. (Imprisonable)

 

Depends which it is

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[quote user="canary_girl"]Doesn''t Martin have to go to court on the same day we play Doncaster away? If so will he just miss the game or will there be the whole will he/won''t he make the game scenario like Grant Holt on the opening game?[/quote]

 

No, his legal team will represent him in his absense with the reasoning that his playing football is of importance.

And Canary1902, he was arrested for Assault and Battery (ALA Common Assault) which carries the possibility of prison for up to 6 months in a magistrates court. I doubt it''ll come to this, but as it is not his first offence in the past few years, I wouldn''t be surprised, given his footballing status, that he will be given some kind of community work which will hopefully help refrain his attitude!

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Are you saying he was convicted before, It was his Brother not him, he happened to be in the same place at the same time of the assult, his brother weighed into a guy outside the Inngate pub in Beccles, it was the club who banned him from the local pubs, and Rordent sent him to Luton, Martin does not have a record. 

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Don''t matter what he has been arrested for, it''s what he is charged for. Common assualt is the non touching of someone, someone who causes another person to apprehend the immediate use of unlawful violence, very similar to a POA.

Battery is the actual force. It is very unlikely that he would get charged for both.

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In worst case scenario and he goes down for 6 months, what do you reckon the clubs stance would be?  The only other player whos done time and not been sacked was Joey Barton (i think) and he only served 2 or 3 months out of a 6 month sentance, but he''d cost his club 6 million, not so easy to release someone whos that valuable.  People like King and Hughes clearly commited much serious offences but their clubs soon got rid.  Would you want someone like that on the books of our club?  I''m pretty sure he wouldn''t be the sort of player we''d be after if he wasn''t with us. 

I''m fairly sure it wont come to prison but what if it does?

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I''ll give my house and my new car away if he goes to jail.

But, I would imagine that they would keep him, he is worth more than the wages would cost over that period, although, not too sure if PL would stand by him.

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Martins case is a first hearing - likely to be adjourned and unlikely he will enter a plea at that stage - especially if he is planning to deny the charge.

Holt is a special reasons hearing - guilty plea but with reasons given as to why he should not be penalised for the original offence (he''s claiming he attempted to comply with the Sec 172 notice but followed the incorrect procedure. If the court decides against him it''s points and a fine and a potential ban if he''s got enough points to tot up. He was doing something like 69 in a 60). Not certain if he''s even required to be there.

Both will be at the game - guaranteed.

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[quote user="Heresyourfathersgun"]

Martins case is a first hearing - likely to be adjourned and unlikely he will enter a plea at that stage - especially if he is planning to deny the charge.

Holt is a special reasons hearing - guilty plea but with reasons given as to why he should not be penalised for the original offence (he''s claiming he attempted to comply with the Sec 172 notice but followed the incorrect procedure. If the court decides against him it''s points and a fine and a potential ban if he''s got enough points to tot up. He was doing something like 69 in a 60). Not certain if he''s even required to be there.

Both will be at the game - guaranteed.

[/quote]

I hope so [:)]

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