B Marshall

[Spot On]

I understand his frustration but you can't go around punching other people, the law views it as assult. It must be proven, though. Manly people are peeved about the Stewart situation. Peter Peters said on 2KY this morning that Brett Stewart was not drunk at the Manly season launch. The club was fined $100 000 over that situation. If he wasn't drunk, why doesn't or didn't Manly contest the fine and get their money back. Peter Peters is not the most impartial observer.

Especially where Manly are concerned. Rose coloured glasses, grain of salt etc, etc

As for Benji, if it all happened as has been reported then I truly feel sorry for him. It's easy to say he should have walked away and I'm sure today he is wishing he did. However, if this is the sort of sh*t one has to put up with and ignore on frequent occasions then at some stage something has got to give. I feel enough rage that this "alleged victim" has run to the police and had him charged. Does anyone know what sort of injuries this poor, innocent victim suffered as a result of being bashed by Benji? Broken cheekbone, busted eye socket, missing teeth, broken nose, concussion???? I wonder if he would have done the same thing if the bloke he was tormenting was a nobody. I mean what would he have told the police. Some bloke walked up and punched me? I don't know who he was but he punched me.

 

[themacemaceman]

Lets hope the NRL uses common sense and doesnt take any action apart from a fine. It would be a shame to see him miss any game time. The NRL should just let it play out. It really has nothing do to with them. If I punched someone in the face my employer cant fine me or stand me down so why is he any different.
Ironically if this happened on the field infront of a live tv audience on a friday night he would have got nothing more than 10 mins in the bin and the grub racist would have probably got 4-10 weeks. And the crowd would be cheering them on. But because it happened at 3am in front of 20 people for some reason thats different.

Once again the media is ruining the game. Leave all stories on footballers personal lives out of the media. Then there will be no bad role models. But unfortunatley it sells papers.

 

[Bricey]

Benji is certainly entitled to his day in court and is innocent until proven guilty but I think he has a problem...a big problem if this has gone onto him being actually charged.

Mere words do not constitute a reason to assault anyone, it is the old sticks and stones rule. The words can be taken into mitigation is when a penalty is determined. If there is some underlying reason why the assault took place the court can take this into consideration and hand out a lesser penalty. The racism taunts can explain why this happened, the assault however is taking the situation too far in the eyes of the court.

I think the penalty is going to come from the NRL...there are several precedences in place where a charged player is stood down.

Brett stewart yes, Todd Carney no

I think the only precident set here by the NRL is that each case is judged on its merrits

Again, I will withhold judgement untill all the facts are known.

If what is being reported is correct, could you imagine this scenario
"Mr X, Did you or did you not.... and I remind you that you are under oath... Did you or did you not call Mr Marshall a "Black C" on the night in question?

 

[Bricey]

Lets hope the NRL uses common sense and doesnt take any action apart from a fine. It would be a shame to see him miss any game time. The NRL should just let it play out. It really has nothing do to with them. If I punched someone in the face my employer cant fine me or stand me down so why is he any different.
Ironically if this happened on the field infront of a live tv audience on a friday night he would have got nothing more than 10 mins in the bin and the grub racist would have probably got 4-10 weeks. And the crowd would be cheering them on. But because it happened at 3am in front of 20 people for some reason thats different.

Once again the media is ruining the game. Leave all stories on footballers personal lives out of the media. Then there will be no bad role models. But unfortunatley it sells papers.

are you an advocate for censorship?

many people get reported on day in day out for doing stupid things. The only differance with this is the defendant. That transports it from page 15 to page 1

 

[jasonl]

Technically, the guy Marshall hit, in saying what he said (and in the supposed manner in which he said it) is probably guilty of common assault himself (you don't have to even touch someone to assault them - an assault is any act which intentionally or recklessly causes another person to fear immediate and unlawful violence). Thus, said victim will probably be appropriately charged (modern society takes a pretty dim view of calling people like Marshall "black merkins" in public).

As to Marshall's charge, it's what used to be known as Assault and Battery, which these days is broken down into 'actual bodily harm' and 'grevious bodily harm'.

To cop an ABH charge all one has to do is break the skin. GBH covers broken jaws, fractured eye sockets etc.

That Marshall is up on an ABH means the guy probably copped not much more than a split lip or blood nose (and warrior that he is ran straight to the cops for some reassurance and a glass of warm milk).

If Marshall has no priors for this kind of thing his lawyers could well get him off under a Section 10 - meaning a fine but no conviction recorded.

Would imagine that to be the likely result.

As to the Stewart or Carney cases - there are really no parallels (despite what the media beat up to sell papers).

All in all, feel sorry for the guy - but as Benji Marshall, putting yourself in that place at that time, among a sewer legion of drunken halfwit bogan geniuss, is just plain dumb.

Sheens and his staff should probably know that.

 

[Das Hassler]

"a sewer legion of drunken halfwit bogan geniuss"

harsh....but fair

 

[blackandwhite]

No, he did the wrong thing. He should have laughed at him then walked out. He is a good bloke earning over $400 000 and the face of the game. He can't afford to lower himself to the toe rags that are out at that time of night. Discipline, Benji, discipline.

I think Benji would be on $500,000..Anyhow discipline can only take you so far... Benji is entitled to a night out but "sewer legion of drunken halfwit bogan geniuss" are not.

One player I know was telling me how he got abused just filling his tank up with petrol in the middle of the day...What they are coming out in the sunlight now ?

 

[southwalesrabbitoh]

Most famous people get shouted at most days it seems, I was reading Martin Offiah's auto a few years ago, and he mentioned a situation where he stopped to have a chat with Shaun Edwards just outside Widnes in daylight, and a couple of youngsters saw them and started to shout abuse at them, Offiah said he and Edwards just got into theirs cars and got away asap.

And this is what you have to do, leave God judge them and punish them. Some people may call me a coward for never having been in a fight since the age of 10, but I haven't, I've always walked away from such situations. The fact is, we are all meant to be charitable and understanding. But we are also supposed to keep ourselves out of temptation, and putting yourself outside a Mackie D's at 3am in a city is obviously not advisable.

 

[Tigers Tale]

The more I hear about this incident the more I have fears Benji has real problems.

The only way he will get a Section 10 is if Pat O'Shane sits on the bench, then he can play the race card. If he pleads not guilty (and this is really his only option) and he is found guilty the Court will not give a Section 10, they are for those that turn up and plead guilty at their first appearance and don't take up the Courts time.

If he fights it and beats the charge he is OK however the police are yet to find someone who can confirm the racist taunts, this defence only came out quite late in the inquiry.

If he is stood down my guess is we'll get Moltzen to 7 and Lui to 6. Everyone seems to think Lui was a natural 6. Might be the case. Good to see the Tigers are standing on their digs, just comes down the Gallop.

 

[jasonl]

The more I hear about this incident the more I have fears Benji has real problems.

The only way he will get a Section 10 is if Pat O'Shane sits on the bench, then he can play the race card. If he pleads not guilty (and this is really his only option) and he is found guilty the Court will not give a Section 10, they are for those that turn up and plead guilty at their first appearance and don't take up the Courts time.

If he fights it and beats the charge he is OK however the police are yet to find someone who can confirm the racist taunts, this defence only came out quite late in the inquiry.

If he is stood down my guess is we'll get Moltzen to 7 and Lui to 6. Everyone seems to think Lui was a natural 6. Might be the case. Good to see the Tigers are standing on their digs, just comes down the Gallop.

According to today's press there were 40 witnesses yet no one can assertain even closely as to what was actually said.

Go figure.

All that there is to go on is that the "victim" taunted Marshall repeatedly and was of "middle eastern apperance".

Draw your own conclusions eh?

 

[TrigaTheTiger]

On a side note.

I was at the function with Marshall - it was a children's charity ball.

He was a true gentleman the entire night - having his photo taken with all and sundry. He also made a very moving speech. I can ascertain, from about 6:30pm to 11:30 - he had one beer.

Incidentally, Moltzen was also there - every 15 minutes he went to sit down - read into that what you will.

 

[DanOz]

Technically, the guy Marshall hit, in saying what he said (and in the supposed manner in which he said it) is probably guilty of common assault himself (you don't have to even touch someone to assault them - an assault is any act which intentionally or recklessly causes another person to fear immediate and unlawful violence). Thus, said victim will probably be appropriately charged (modern society takes a pretty dim view of calling people like Marshall "black merkins" in public).

As to Marshall's charge, it's what used to be known as Assault and Battery, which these days is broken down into 'actual bodily harm' and 'grevious bodily harm'.

To cop an ABH charge all one has to do is break the skin. GBH covers broken jaws, fractured eye sockets etc.

Not quite right Jas. Calling someone a racist name does not equate with that person fearing they will be assaulted, so it is not Common Assault against Marshall. The guy would have to act in a way that a reasonable person would fear they were about to be assaulted, eg had clenched fists, took a step towards him and began to raise the arm for a punch - then you can defend yourself without waiting to be hit.

ABH does not even have to break the skin - all that has to be present is a visible injury so a bruise or red mark on the skin will suffice, it does not even have to be a cut.

 

[brooksy19]

Relax guys, I've got a boy on its way due in August.. He can play 5/8 in 20years time.. so its not all bad news.

 

[Tiger Crazy]

Brett stewart yes, Todd Carney no

I think the only precident set here by the NRL is that each case is judged on its merrits

Again, I will withhold judgement untill all the facts are known.

If what is being reported is correct, could you imagine this scenario
"Mr X, Did you or did you not.... and I remind you that you are under oath... Did you or did you not call Mr Marshall a "Black C" on the night in question?

agree Bricey but for another reason Stewart had been thrown out of at least 1 function \establishment that night . Benji's behaviour had been (according to witnesses ) exemplary that night so he should get a fine once the trial is finished

 

[Lambretta]

let me call you a black c*** 3 or4 time and tell me you would not react and ill say you are a bl**y liar cause you would or you havent got any balls:crazy:

If you called me a black anything I'd say you were colour blind.

If you called me a pommie merkin I'd say "no I'm a wanker, not a merkin - and your jibes are unintelligent"

But then I can't punch my way out of a paper bag. If I could, I probably would have decked the twat.

 

[madunit]

There's clearly two stances here.

*He was just defending himself, sticking up for himself etc - Problem here is that he wasn't being attacking physically. It was verbally.

You can't tell me he hasn't had anything bad directed at him on the field over the years and he rarely, if ever reacted to that.

*If the NRL opts to punish him, it essentially tells the public "It's ok if you want to go and abuse NRL players, you won't get in trouble, they will"

*If the NRL opts to punish him, it will truly show how inconsistent they are. Carney, a repeat offender of the highest order just got a reprimand for his recent DUI. Marshall has never had to face the NRL over bringing the game into disrepute, and he didn't start this altercation.

*Intelligence aside, we are 1 week out from round 1. Why is he wandering around the CBD at 3am. Why is he going to Maccas?

All in all, my greatest concern is for his focus and why it still on holiday

 

[Lambretta]

agree Bricey but for another reason Stewart had been thrown out of at least 1 function \establishment that night . Benji's behaviour had been (according to witnesses ) exemplary that night so he should get a fine once the trial is finished

If this gets to court I'd be amazed

It's a total non event and once the Police have spoken to the other 30 or 40 witnesses there - they'll realise it and drop the charges.

I'd more expect Mr split lip to get charged with wasting Police time (being a gobby sooky merkin isn't something you can be charged with apparently)

 

[The Rosco]

All that there is to go on is that the "victim" taunted Marshall repeatedly and was of "middle eastern apperance".

Draw your own conclusions eh?[/QUOTE]

Yeah, I heard the same thing.

While it's wrong to draw conclusions based on race . . . the first image I got when I heard the "Middle Eastern" was of the inbred Doggies supporters on the train after a loss just itchin for a fight, or to set the carriage alight. All steamed up and craving violence because their team lost.

So this hero mouths off, tops it with " and what are you gonna do about it ?" . . . then runs to the cops to put in a report.
Typical.

 

[Bricey]

I read somewhere, and i will try to find the referance, that part of the taunt was "f**k off back to new zealand...."

that being said and if the alleged victem is of middle eastern appearance i have three words to say

Pot. Kettle. Black

 

[N.C.]

Not quite right Jas. Calling someone a racist name does not equate with that person fearing they will be assaulted, so it is not Common Assault against Marshall. The guy would have to act in a way that a reasonable person would fear they were about to be assaulted, eg had clenched fists, took a step towards him and began to raise the arm for a punch - then you can defend yourself without waiting to be hit.

ABH does not even have to break the skin - all that has to be present is a visible injury so a bruise or red mark on the skin will suffice, it does not even have to be a cut.

Sorry DanOz, gonna side with Jase on this one, but only because you are mixing your common law with your statute law.

Common law assault means threatening someone and making them fear for their own well-being. Calling someone a name is not assault per-se, but doing so in a provocative or threatening way might well be.

The distintion is between assault (making someone fearful of your possible actions) and battery (actually physically harming someone).

But now, according to statute in NSW at least, we talk of assault as though it were battery. Assault is the basic "building block" of the offence, and there are various levels of escalation - ABH, GBH, aggravated, etc...

Benji's is a bit of an entry level offence, by the sounds of it.