maxwellblue
Well-Known Member
Just read his posts, that will make your mind up for youI can't say that, he seems to like repeating himself over the same point, I don't know him to call him a bellend though.
Just read his posts, that will make your mind up for youI can't say that, he seems to like repeating himself over the same point, I don't know him to call him a bellend though.
I think that’s correct-there’s a distinct possibility his actions may be ‘judged’ to be excessive, not necessary and not proportionate.
It’s clearly an emotive issue though because there are mitigating factors as well as deciding whether he had an honest belief that his actions were reasonable. It’s a hugely complex case.
Even were he not to face criminal sanction he will likely still face misconduct proceedings and could lose his job.
That said it’s also reasonable to have no sympathy for the other parties. I hope they are swiftly brought to justice.
He had already discharged his Taser though.He had a taser in his arm when he booted him. If he felt he needed to he could have used that instead, maybe he didn't because he checked and was told that he'd already been tasered.
Just because he didn't go full Falling Down doesn't mean he exercised sufficient self-control.
Going back to the judgement in Rv Palmer it adds ‘..if the attack is over and no peril remains..force may be seen as punishment’
This is fundamental here-whilst in the heat of the moment and action taken in an instant (kick) may be self defence as ‘no time to consider the niceties’ but the subsequent stamp is a second deliberate act which is unlikely to fulfill this and sits more as retribution.
The reason I say this is a hugely complex case is because it was without doubt a savage repeated attack on police, and followed (undisclosed) other assaults immediate to this-so IF it were to result in criminal trial it will be incredibly difficult to assess.
Exactly that piece of shit scumbag got exactly what he deservedA cyst that appears within a couple of hours . I’m sure the medical experts can disprove that
I think that’s why this is a complex matter-self defence if that’s what we are looking at is very difficult to be clear cut-all of it is mere conjecture though.Its hard to legislate for this kind of thing, when does a defence stop being so. No peril is very much open to conjecture. The only way you can completely know the peril is over is if the attacker is dead and he is on his/her own.
If this can be argued in a court of law then that gives a police officer or anyone else free rein to do some serious damage.
The way I look at it is if cctv showed me arguing in a car park with someone and he throws a punch and i throw a few back and he goes down I'm walking away and not going to court. Even if he vangs his head and dies im still not going to prison However if whilst he's down I give him a kick in the head and a stamp I'm in big trouble.
I don't think my defence of he started it would save me.
Its hard to legislate for this kind of thing, when does a defence stop being so. No peril is very much open to conjecture. The only way you can completely know the peril is over is if the attacker is dead and he is on his/her own.
If this can be argued in a court of law then that gives a police officer or anyone else free rein to do some serious damage.
The way I look at it is if cctv showed me arguing in a car park with someone and he throws a punch and i throw a few back and he goes down I'm walking away and not going to court. Even if he vangs his head and dies im still not going to prison However if whilst he's down I give him a kick in the head and a stamp I'm in big trouble.
I don't think my defence of he started it would save me.
If it happened in 'murica, they'd be in wooden boxes by now.They got away lightly imho, imbeciles.
You can argue to that the second male was still a threat at that point-in the mind of the officer, so, in his mind his colleagues were struggling, he needed to ensure the first male was sufficiently subdued in order to tackle the second male.I'm not sure that's true. Doesn't sound like it is, and I'm pretty sure there are numerous cases of people getting done for assault and manslaughter in such circumstances.
Either way, not particularly relevant here. Other than, you are right it will hinge on whether the situation was under control and whether he was still a threat. From what I have seen, I don't think it was, and I think he was still a threat, even some time after the kick.
What if there’s two of them ones already laid your wife out there’s blood everywhere they then both start on you giving you a proper good hiding you manage to get one down then kick him to make sure he stays down. Hows your chances then ?Its hard to legislate for this kind of thing, when does a defence stop being so. No peril is very much open to conjecture. The only way you can completely know the peril is over is if the attacker is dead and he is on his/her own.
If this can be argued in a court of law then that gives a police officer or anyone else free rein to do some serious damage.
The way I look at it is if cctv showed me arguing in a car park with someone and he throws a punch and i throw a few back and he goes down I'm walking away and not going to court. Even if he vangs his head and dies im still not going to prison However if whilst he's down I give him a kick in the head and a stamp I'm in big trouble.
I don't think my defence of he started it would save me.
I think that’s why this is a complex matter-self defence if that’s what we are looking at is very difficult to be clear cut-all of it is mere conjecture though.
It will also have a significant impact on police use of force whichever way it ends.
My guess would be a jury would never convict him by a majority of assault. I would find it difficult to do so and probably wouldnt even though I think that's what he did. In anger with adrenalin a bit of take that you fucking scumbag.I think that’s why this is a complex matter-self defence if that’s what we are looking at is very difficult to be clear cut-all of it is mere conjecture though.
It will also have a significant impact on police use of force whichever way it ends.
His police record will be faultless -he wouldn’t be on firearms otherwiseMy guess would be a jury would never convict him by a majority of assault. I would find it difficult to do so and probably wouldnt even though I think that's what he did. In anger with adrenalin a bit of take that you fucking scumbag.
My only unease is that the stamping on someone's head is so abhorrent not many would even contemplate it as an action.
It would be interesting to see what his police record is, as for his job I would say it is touch and go.
What if there’s two of them ones already laid your wife out there’s blood everywhere they then both start on you giving you a proper good hiding you manage to get one down then kick him to make sure he stays down. Hows your chances then ?
You can argue to that the second male was still a threat at that point-in the mind of the officer, so, in his mind his colleagues were struggling, he needed to ensure the first male was sufficiently subdued in order to tackle the second male.
Excellent pointHis police record will be faultless -he wouldn’t be on firearms otherwise
Yes, I’ve thought all along that had it kicked him and then jumped on him to cuff him it ‘looks’ much better-because he leaves him-now he could argue that he had to subdue him sufficiently before attending to the second male (who had already punched him numerous times) and left the first male to be cuffed by the blonde female-which happened.You're obviously, with your background, someone who knows more than most about situations of this kind.
Does the fact that the officer doesn't go to cuff the prone suspect after the kick/stamp potentially work against him from a legal/criminal perspective?
I appreciate there is the other suspect on the scene too (sat on the chairs with hands on his head I think?), but would a defence of ''I was worried he might take my weapon'' possibly fall apart due to him abandoning the suspect who he had just kicked/stamped on?
It's naturally hard to position yourself in such a powder keg moment, but I'd imagine that if an officer was concerned that a suspect might take their weapon, and such had the suspect subdued/restrained on the ground, they would take the opportunity to get some cuffs on at the first opportunity?