Carragher spits at fan / now prank on g neville backfires

[gordondaviesmoustache]

Road rage is an aggravating feature. And magistrates and district judges will very much take that into account.

To sentence him to more than the statutory maximum? How is that possible?

 

[JPBB]

The fact that an incident takes place on the road is NOT an aggravating factor

In my experience of the criminal justice system, the fact the assault took place in the context of "road rage" is seen by magistrates and judges as a significant aggravating feature.

I acknowledge that you disagree. Hopefully you will never need to test it.

 

[JPBB]

No it isn’t.

it is. As is a head or a shod foot.

 

[JPBB]

To sentence him to more than the statutory maximum? How is that possible?

Not possible. But it does mean that it is in category 1 and at the top end of that category and therefore a prison sentence could be considered within the guidelines.

 

[Paulmcfc2703]

Absolute bollocks if you think his offence is worse than those twats.

Can we have a poll?

Which do you think is worse

A. Driving under the influence
B. Spitting in a child’s face

 

[gordondaviesmoustache]

it is. As is a head or a shod foot.

You’re wrong. A head and a shod foot are, saliva isn’t. If saliva carries an infection it would be charged as s47/20/18 depending on the impact on the victim and the intent. So rather than be seen as a weapon per se, it impacts on the offence committed and therefore the sentence more directly.

 

[spiny]

How is it greater harm? It would appear there was no injury or fear of injury.

I have never even considered spitting on a person. Why should he think it is acceptable regardless?

Public spitting was outlawed for good reason because of the transmission of disease like TB. No excuse for Carragher. He is a public figure so should ignore and go about his business. Shamefull. Paid handsomely for his views. Deserves all he gets if he falls short of common decency.

 

[gordondaviesmoustache]

I have never even considered spitting on a person. Why should he think it is acceptable regardless?

Public spitting was outlawed for good reason because of the transmission of disease like TB. No excuse for Carragher. He is a public figure so should ignore and go about his business. Shamefull. Paid handsomely for his views. Deserves all he gets if he falls short of common decency.

Where have I said it’s acceptable? He’s quoted the sentencing guidelines and I’ve asked him to explain why it is ‘greater harm’ in the context of those guidelines.

 

[aguero93:20]

Spitting is considered assault with a weapon.

No it isn’t.

It's battery for starters, not assault.

 

[gordondaviesmoustache]

It's battery for starters, not assault.

Not necessarily correct. It can be common assault if the victim apprehends the immediate infliction of unlawful force. That’s not inconceivable based on that footage.