Benji Marshall in trouble

[Jeba]

if the person is in fact deprived by the
provocation of the power of self-control, .

How exactly is that part defined though? I know everyone reacts to situations in different ways but unless someone has a medical condition (or is drunk I suppose) then I really reckon it would take A LOT to "deprive someone of self control".

Going by that law it'd be easier to get off an assault charge than a BHQ banning!!!!
[icon_wink

 

[Browny]

if the person is in fact deprived by the
provocation of the power of self-control, .

How exactly is that part defined though? I know everyone reacts to situations in different ways but unless someone has a medical condition (or is drunk I suppose) then I really reckon it would take A LOT to "deprive someone of self control".

Going by that law it'd be easier to get off an assault charge than a BHQ banning!!!!
[icon_wink

Im pretty sure that relates to extreme cases ie walking in on your missus with another bloke or you assault someone who assaults your kid.

His loss of self control would be in part due to alcohol. It would have to be a racist taunt for a reaction of assault. He most likely would have given lip back if it was the Lockyer jibe

 

[Kaz]

So would Marshall have hit a woman, if she 'said' the same thing.

If not, that's sexist. [icon_wink

 

[dukey]

if the person is in fact deprived by the
provocation of the power of self-control, .

How exactly is that part defined though? I know everyone reacts to situations in different ways but unless someone has a medical condition (or is drunk I suppose) then I really reckon it would take A LOT to "deprive someone of self control".

Going by that law it'd be easier to get off an assault charge than a BHQ banning!!!!
[icon_wink

Im pretty sure that relates to extreme cases ie walking in on your missus with another bloke or you assault someone who assaults your kid.

His loss of self control would be in part due to alcohol. It would have to be a racist taunt for a reaction of assault. He most likely would have given lip back if it was the Lockyer jibe

I'd say there was a lot more than the Lockyer taunt. I've seen one bloke absolutely laying into a certain Raiders player in a Canberra club one night - just a relentless, foul-mouthed tirade of disgusting insults. I felt like going over and clocking the dropkick myself. And you could see the player was trying really hard to ignore him, but the bloke was making it difficult. It wasn't long before Security came over and arseholed the guy - but in Benji's case, there's not often a lot of security at a Maccas.

 

[OXY-351]

So would Marshall have hit a woman, if she 'said' the same thing.[icon_wink

Hopefully Ben Creagh calls him a black c*nt when the tigers play the dragons so we can find out

 

[lynx000]

This is from the QLD criminal code act 1989, im sure its similar for NSW

269 Defence of provocation
(1) A person is not criminally responsible for an assault
committed upon a person who gives the person provocation
for the assault, if the person is in fact deprived by the
provocation of the power of self-control, and acts upon it on
the sudden and before there is time for the person’s passion to
cool, and if the force used is not disproportionate to the
provocation and is not intended, and is not such as is likely, to
cause death or grievous bodily harm.
(2) Whether any particular act or insult is such as to be likely to
deprive an ordinary person of the power of self-control and to
induce the ordinary person to assault the person by whom the
act or insult is done or offered, and whether, in any particular
case, the person provoked was actually deprived by the
provocation of the power of self-control, and whether any
force used is or is not disproportionate to the provocation, are
questions of fact.

So all u would have to say is "he called me a dick, which made me lose self control" and you're free.

It is an objective test though, so it is up to the jury or the magistrate (if in the lower court) hearing the case to make a determination whether a `reasonable' person would be deprived of self-control in the circumstances. The Locky comment definitely would not be sufficient and I would have some doubts that even if he was called a black c... that this would be sufficient to deprive a reasonable person of self-control. If that is the limit of it, I am leaning towards a guilty finding.

 

[Coxy]

Yeah. I'd imagine if it was just a combination of black c... and Locky's better etc, it'd have had to have been a pretty sustained verbal barrage and done so in a threatening manner. If it was just a comment, surely it wouldn't be hard to control yourself and walk away.

 

[lynx000]

if the person is in fact deprived by the
provocation of the power of self-control, .

How exactly is that part defined though? I know everyone reacts to situations in different ways but unless someone has a medical condition (or is drunk I suppose) then I really reckon it would take A LOT to "deprive someone of self control".

Going by that law it'd be easier to get off an assault charge than a BHQ banning!!!!
[icon_wink

Im pretty sure that relates to extreme cases ie walking in on your missus with another bloke or you assault someone who assaults your kid.

His loss of self control would be in part due to alcohol. It would have to be a racist taunt for a reaction of assault. He most likely would have given lip back if it was the Lockyer jibe

I'd say there was a lot more than the Lockyer taunt. I've seen one bloke absolutely laying into a certain Raiders player in a Canberra club one night - just a relentless, foul-mouthed tirade of disgusting insults. I felt like going over and clocking the dropkick myself. And you could see the player was trying really hard to ignore him, but the bloke was making it difficult. It wasn't long before Security came over and arseholed the guy - but in Benji's case, there's not often a lot of security at a Maccas.

Yeh, and what security there is at McDonalds are usually clowns.

 

[Coxy]

LOL, nice one lynx [icon_lol1.

 

[Porthoz]

Yeah. I'd imagine if it was just a combination of black c... and Locky's better etc, it'd have had to have been a pretty sustained verbal barrage and done so in a threatening manner. If it was just a comment, surely it wouldn't be hard to control yourself and walk away.

And apparantly he wasn't even drunk...

That makes him look even worse.

On the contrary, it makes me think the abuse must have been pretty severe... Either that, or Benji's a headcase and he would have been in trouble way more often.

 

[lynx000]

Interesting dilemma for the other guy who allegedly hit him. He would have been a witness to what was said, but he can hardly come forward as a witness for Benji because he will also be charged.

 

[Coxy]

Interesting dilemma for the other guy who allegedly hit him. He would have been a witness to what was said, but he can hardly come forward as a witness for Benji because he will also be charged.

The cynic in me wonders if the other guy will come forward, take more of the blame, and get a little kickback from certain people to help get Benji off the hook...

 

[Kaz]

I saw earlier the press conference from the Wests Tigers.

What Marshall does for them & the community, he is going to be named a Saint. [icon_lol1.

 

[Coxy]

Saint Benji of Punchy?

 

[Nashy]

Heaps sick aye!

 

[Bucking Beads]

Who cares if Benji was racially slurred, GI gets called a fat black #### and he didn't have to hit anyone. Obviously he just ate his way through depression....

 

[Professor47]

Ok here goes...

I'm not trying to be 'racist' or anything like that - but I will generalise. For those who live in Sydney - I know Rocky and a few people here do... Sydney on a big night... groups of 'middle-eastern' men... I'm telling you now some of these guys are looking for trouble. No doubt about it. I won't defend Benji because I believe he should have known better anyway - but... I would put a million dollars on that the guy said more than "You're shitter than Darren Lockyer". Guaran-f**kin teed.