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Greg Bird charged with violent attack

If charges are dropped against Bird, should he return immediately?

  • Yes

    Votes: 85 50.9%
  • No

    Votes: 77 46.1%
  • I don't know/maybe/depends, ie. I'm too weak to have an opinion

    Votes: 5 3.0%

  • Total voters
    167
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samshark

Juniors
Messages
2,375
No never suggested that. You said

but there seems to be no proof of that.

Never said you did suggest that. Was just clarifying in case that is what you meant.

Gunna, re-read our posts, you are complicating a simple point.
Both persons had been drinking (probably a lot) prior to the incident and the police know that. This info. can be gained from a variety of sources, usually just asking the persons themselves. There are standard alcohol questions that get asked with every incident and entered in the report.
 

gunnamatta bay

Referee
Messages
21,084
Never said you did suggest that. Was just clarifying in case that is what you meant.

Gunna, re-read our posts, you are complicating a simple point.
Both persons had been drinking (probably a lot) prior to the incident and the police know that. This info. can be gained from a variety of sources, usually just asking the persons themselves. There are standard alcohol questions that get asked with every incident and entered in the report.
Are you sure? Have you a link to this information?

I don't know when the police first spoke to bird. If they were called and attended the hospital and bird exhibited signs of having some alcohol prior to driving his friend to hospital they would have cause to breath test him.

But then again maybe they never got called till much later in the day.

Either case I haven't seen anything about alcohol being a factor.
 

millersnose

Post Whore
Messages
65,223
no gunna

and i have made no post declaring what their intoxication level was

i was merely commenting on the likelyhood they were sober - you see to use logic i am not bound to a triplicate declaration and a blood sample test report
 

gunnamatta bay

Referee
Messages
21,084
no gunna

and i have made no post declaring what their intoxication level was

i was merely commenting on the likelyhood they were sober - you see to use logic i am not bound to a triplicate declaration and a blood sample test report
So it is illogical to believe people sometimes stay at home on a saturday night and drink milo?
 

samshark

Juniors
Messages
2,375
Are you sure? Have you a link to this information?

I don't know when the police first spoke to bird. If they were called and attended the hospital and bird exhibited signs of having some alcohol prior to driving his friend to hospital they would have cause to breath test him -As I said before, firstly they would have to know for sure that Bird actually drove a vehicle and secondly you can only test someone within two hours of driving.

But then again maybe they never got called till much later in the day. - maybe

Either case I haven't seen anything about alcohol being a factor.- well this is not something you would know

But I think its pretty much common knowledge that Bird and his girl had been out all night, were seen at Surry Hills etc etc You dont have to be a rocket scientist to work out that both may have drinking alcohol.
 

gunnamatta bay

Referee
Messages
21,084
But I think its pretty much common knowledge that Bird and his girl had been out all night, were seen at Surry Hills etc etc You dont have to be a rocket scientist to work out that both may have drinking alcohol.
Well I never heard about Surry Hills. I asked for some proof several threads back. Were they drinking at Surry Hills?
 

samshark

Juniors
Messages
2,375
he adjudicated



he certainly did

otherwise he would not have allowed it to proceed

No you are wrong. Read gunna's post. He sums it up correctly.
Deciding whether the matter is to proceed or not is not something he would have done. That is done in a committal hearing, especially for a case that will go up to the District Court and the DPP.
 
Messages
17,414
The Magistrate would have simply reviewed the police case and witness statements and asked Bird what his position is in the matter..His Plea. based on the statement of fact presented by only one side, the police, the magistrate would simply have stated that on the basis of teh facts (police) that there appear to be a case to answer and remanded Bird to appear for hearing. Which as we know is at the Downing centre.

A plea hearing does not take into consideration the position of the defence. The magistrate can only look at the prosecution evidence and determine if there is sufficent evidence to suggest that on balance a crime may have been committed.
 
Messages
3,224
ditto for you reefy difference of course is bird is charged with a violent crime and a judge ruled there was evidence enough for a conviction even without a statement by milligan

Bullshyte!

Just because you get charged does not mean you have committed the offence as charged. There have been plenty in the past dismissed and there will be plenty in the future for whatever reason/s. It was not a judge who ruled anything. It was a magistrate. And even he didn't rule on anything except bail and setting aside a date for another mention. The magistrate heard the facts tendered by police and then would've heard arguments for and against bail. Nothing more. On October 8 there will be more from both sides of the table and one of several things will occur.

1/ Dismissal;
2/ Adjourn it for another mention;
3/ Adjourn for a committal hearing;
4/ A plea with the complete brief being sent to the District Court.
 

samshark

Juniors
Messages
2,375
The Magistrate would have simply reviewed the police case and witness statements and asked Bird what his position is in the matter..His Plea. based on the statement of fact presented by only one side, the police, the magistrate would simply have stated that on the basis of teh facts (police) that there appear to be a case to answer and remanded Bird to appear for hearing. Which as we know is at the Downing centre.

A plea hearing does not take into consideration the position of the defence. The magistrate can only look at the prosecution evidence and determine if there is sufficent evidence to suggest that on balance a crime may have been committed.

No for the second time the magistrate did not do this. Read Gunna's post.
The magistrate does not see the witness statements, they are not provided at the first court mention date. Brief orders need to be made.

This matter is not yet set down for hearing. The 8th Oct is a mention day at the Dowing Centre. If this matter proceeds with the DPP and the GBH charge the hearing will be in the District Court.
 
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