SillyDog701

[Antony]

Based on the result from the court. A 22-year-old rugby player punched an off-duty police was fined today for AU$2000 (AU$1000 each for affray and assault causing actual bodily harm to Const Allen). And no he does not need to have any sorts of custodial sentence because he has to be on the rugby ground 5-6 days a week plus play games during weekends.



It's very cheap to punch a police officer, and no sentence once you have a good excuse.

Maitua escaped a custodial sentence after his defence argued that his profession demanded he train five to six days a week and play matches on weekends.

> Footballer guilty of cop bashing (News.com.au, 6 Aug 2004)

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[DJGM]

And no he does not need to have any sorts of custodial sentence because he has
to be on the rugby ground 5-6 days a weekplus play games during weekends.

IMHO, there's no excuse for assaulting a police officer. If I'd have been the judge, he'd have
received a minimum 6 months imprisonment, as well as the $2000 fine, regardless of his
sporting career. If such a sentence harms his career in rugby, that's just tough luck.

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[Shark Daddy]

Half a year for an assualt is very harsh if no permanent damage was inflicted, especially if this was a first-time offense. That article stresses the fact that the victim was an officer, but we do not know if Maitua knew he was an officer in this brawl. In fact it's implicitly suggested he didn't (and this would be a good defense anyway). Note also that this was a large brawl and was impersonal, having no chance of premeditation on the part of Maitua to assault the policeman. There are so many mitigating factors that I would say the fine is very consistent.

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[Antony]

Half a year for an assualt is very harsh if no permanent damage was inflicted, especially if this was a first-time offense.

So a rugby (or football) player = "Get out of jail free card"?

That article stresses the fact that the victim was an officer, but we do not know if Maitua knew he was an officer in this brawl. In fact it's implicitly suggested he didn't (and this would be a good defense anyway).

In previous news report, Constable Tim Allen said "What are you doing? I am a cop."
The reply? f-words.

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[Shark Daddy]

Half a year for an assualt is very harsh if no permanent damage was inflicted, especially if this was a first-time offense.

So a rugby (or football) player = "Get out of jail free card"?

No, I'm just saying if the offender had a record as an upstanding citizen, half a year in jail is grossly overpunishing the man for a first-time offense, especially if the wounds inflicted were superficial.

That article stresses the fact that the victim was an officer, but we do not know if Maitua knew he was an officer in this brawl. In fact it's implicitly suggested he didn't (and this would be a good defense anyway).

In previous news report, Constable Tim Allen said "What are you doing? I am a cop."
The reply? f-words.

Okay, I was unaware of that part. Assuming the officer followed proper procedure, that could be a problem for the rugby player.

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[keith]

ya i can't bvelieve how easy hes gettin off. i don't care if your joe shmo off the street or tiger woods, or a rugby palyer, you should still get punished. Expecially for somethin like that.

Keith

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[Don_HH2K]

ya i can't bvelieve how easy hes gettin off. i don't care if your joe shmo off the street or tiger woods, or a rugby palyer, you should still get punished. Expecially for somethin like that.

Keith

If the price is right (you know...),they can get away with it. I'm guessing that he probably had to (secretly) pay more than $1000.

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[Antony]

AU$1000 is not a lot for a sport player.

Michael Jackson's bail was $3 million (USD).

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[Mandrake]

IMHO, there's no excuse for assaulting a police officer. If I'd have been the judge, he'd have
received a minimum 6 months imprisonment, as well as the $2000 fine, regardless of his
sporting career. If such a sentence harms his career in rugby, that's just tough luck.

I totally agree. He can't simply say 'I'm a rugby player, I can do whatever I want'. A $2000 fine is hardly a suitable punishment for physically assaulting a police officer. 6 months imprisonment would be a far more suitable punishment!

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[Shark Daddy]

The fact that he's a rugby player has nothing to do with it. If you or I were in that situation, we'd get the same punishment (assuming you guys all have no criminal records... I certainly don't). The fact that he's rich does not mean his punishment should be more that the norm. In the case of MJ, his bail was set so high because he had the resources to escape prosecution, and his alleged crime was very severe.

A sentence will take into account whether it will destroy other aspects of your life. Maitua's attorney rightfully argued that his career as a rugby player meant he needed to train all the time, and imprisoning him for example (though this doesn't sound severe enough to warrant that anyway) would mean the government would be causing other side effects on his life. If I had a job the court might have to make accomodations for, they would probably do it. For example, let's say my invalid mother needs to be taken care of every day. If they imprison me, she croaks. The court would let me off, and perhaps increase the fine. Even if I didn't play sports.

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[Antony]

The fact that he's a rugby player has nothing to do with it. If you or I were in that situation, we'd get the same punishment (assuming you guys all have no criminal records... I certainly don't). The fact that he's rich does not mean his punishment should be more that the norm. In the case of MJ, his bail was set so high because he had the resources to escape prosecution, and his alleged crime was very severe.

US Judges do admit that the bail of Michael Jackson is far more than the usual account, however they took into the account of Michael Jackson's wealth.

AU$1000 (or AU$2000 in total) is virtually for a rugby player.

A sentence will take into account whether it will destroy other aspects of your life. Maitua's attorney rightfully argued that his career as a rugby player meant he needed to train all the time, and imprisoning him for example (though this doesn't sound severe enough to warrant that anyway) would mean the government would be causing other side effects on his life. If I had a job the court might have to make accomodations for, they would probably do it. For example, let's say my invalid mother needs to be taken care of every day. If they imprison me, she croaks. The court would let me off, and perhaps increase the fine. Even if I didn't play sports.

Take into account of whether if would destroy the aspect of a rugby player life?
Where's the justice?
AU$2000 can buy a license to punch a cop?
Being a rugby player = get out of jail free?
Because of the fame?

So, if during any protest/rally, anyone can simply pay AU$2000 to punch a cop, and no jail term?

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[Lorraine]

Don't forget that officer was off duty, I don't think it should count
as hitting a police officer the same as if he was on duty

Cops are never around when you need them.
They are always in the donut shops.

Some cops take advantage of people and I think it's about time
one got a good punch.

I got caught by a trap. I was turning right at the light, the light for the traffic was red and at a standstill, so I went in the bus lane before the curve, about 20 feet before the curve, maybe less, and I received a ticket for $138.00
It was a yield place to turn right and there wasn't any traffic either.
What a sham for money the lazy louts have.

When he handed me the ticket, I felt like poking him in the nose. So I know how the rugby guy felt, but instead I said to him, "you really are a bxstxxd, aren't you?" He replied: "It's not me, it's that guy sitting in the car with the radar."

Well forty people were trapped that day, it was a new bus lane, traffic was backed up for miles and no buses in the lane. One man refused to pay and they all got off. I had already paid mine, no refunds.
-Lorraine

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[Shark Daddy]

US Judges do admit that the bail of Michael Jackson is far more than the usual account, however they took into the account of Michael Jackson's wealth.

AU$1000 (or AU$2000 in total) is virtually for a rugby player.

Note that all he did was hit a man that happened to be an (off-duty) officer. Micheal Jackson stands accused (again) of much more severe crimes. You're absolutely right that they take into account financial status. The reason is that MJ (or some other rich guy) could take his private jet down to Bangladesh and flee the law with all his money. Also to a much smaller degree, it's sort of like liberal taxation policies; rich people must pay more and poor people are given breaks.

Whether this is just or not is as two-sided a debate as liberalism versus conservatism.

Take into account of whether if would destroy the aspect of a rugby player life?
Where's the justice?
AU$2000 can buy a license to punch a cop?
Being a rugby player = get out of jail free?
Because of the fame?

So, if during any protest/rally, anyone can simply pay AU$2000 to punch a cop, and no jail term?

Umm, no. Nobody said that. By that fallacious logic, you could assert that $20 000 000 (USD) is a license to sexually abuse a child. How did I come to that conclusion? Just ask MJ

But also, these were just circumstances; if that officer were on-duty and in uniform, I wouldn't be surprised if the judge (or maybe the law requires it) treated the assault charge as an indictable offense. In this case, there was a huge brawl. And a man who happened to be there punched another man who happened to be there. End of story.

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[Antony]

Note that all he did was hit a man that happened to be an (off-duty) officer. Micheal Jackson stands accused (again) of much more severe crimes.

What? [sdt=3865]Michael Jackson is innocent![/sdt] Well, that's another matter.

You're absolutely right that they take into account financial status.

And AU$2000 is too little for a rugby player.

But also, these were just circumstances; if that officer were on-duty and in uniform, I wouldn't be surprised if the judge (or maybe the law requires it) treated the assault charge as an indictable offense. In this case, there was a huge brawl. And a man who happened to be there punched another man who happened to be there. End of story.

No, the story is not ended. So it only cost AU$2000 to punch a random guy? That's all? And no jail term simply the judge must keep rugby fans happy?

I am pretty sure US judge did not keep George Michael fans in 1998.

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[Shark Daddy]

The reasoning is explained. You even underlined it. Anyway, I'm wondering. Is this Maitua guy a rugby star or just another player (nobody in their right mind follows that silly sport )?

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