Re: WHAT HAS HAPPENED TO GANSON ?
Posted: Thu Nov 04, 2010 8:32 am
Don't know about the case but I might be able to clear up some of what has gone on in terms of the legal jargon.
Firstly, the term 'no further action' is a generic term used by the Police and CPS when someone is being released without charge or penalty. The previous action would refer to their detention during the investigation and any remand into custody or on bail.
Over the subject of intent, From reading this thread, it appears that Ganson was being investigated for GBH without intent as opposed to GBH with intent. The difference being for example pushing someone away from you. No intent to cause them serious injury but if they were to fall and break a bone, the assualt would constitute a GBH without intent. Taking a baseball bat to someone to deliberately break a bone is GBH with intent.
On the fixed penalty ticket, the CPS will have reviewed all the evidence from the Police investigation and decided whether there was enough to charge him to Court. It appeared that there wasn't and Ganson's had the fixed penalty, probably for being drunk and disorderly or possibly an offence under the Public Order Act. Either way, it's a minor punishment and does not constitute a criminal conviction.
It's also worth bearing in mind that the CPS will look at far more than the writing on the statements when making their decisions. They take into account the credibility of the witnesses, including their previous convictions (if they have any), whether it's in the Public's interest to prosecute and whether there is a suitable early disposal of the case, such as the fixed penalty. It is true that the CPS like a case to be air tight in the hope of an early plea to avoid a trial. During a trial, it's worth remembering that the defence basically just have to muddy the waters. The burden of proof is on the prosecution and they must prove beyond all reasonable doubt that the Defendant is guilty of an offence. If they feel that they cannot for whatever reason, they will not go to trial.
As I say, I don't know what happened as I wasn't there (but then nor were any of us). Just hope that clears up some of what the investigation involves.
Firstly, the term 'no further action' is a generic term used by the Police and CPS when someone is being released without charge or penalty. The previous action would refer to their detention during the investigation and any remand into custody or on bail.
Over the subject of intent, From reading this thread, it appears that Ganson was being investigated for GBH without intent as opposed to GBH with intent. The difference being for example pushing someone away from you. No intent to cause them serious injury but if they were to fall and break a bone, the assualt would constitute a GBH without intent. Taking a baseball bat to someone to deliberately break a bone is GBH with intent.
On the fixed penalty ticket, the CPS will have reviewed all the evidence from the Police investigation and decided whether there was enough to charge him to Court. It appeared that there wasn't and Ganson's had the fixed penalty, probably for being drunk and disorderly or possibly an offence under the Public Order Act. Either way, it's a minor punishment and does not constitute a criminal conviction.
It's also worth bearing in mind that the CPS will look at far more than the writing on the statements when making their decisions. They take into account the credibility of the witnesses, including their previous convictions (if they have any), whether it's in the Public's interest to prosecute and whether there is a suitable early disposal of the case, such as the fixed penalty. It is true that the CPS like a case to be air tight in the hope of an early plea to avoid a trial. During a trial, it's worth remembering that the defence basically just have to muddy the waters. The burden of proof is on the prosecution and they must prove beyond all reasonable doubt that the Defendant is guilty of an offence. If they feel that they cannot for whatever reason, they will not go to trial.
As I say, I don't know what happened as I wasn't there (but then nor were any of us). Just hope that clears up some of what the investigation involves.
