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Barnard's case starts today.


sotonjoe
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I see the Daily Echo is reporting that Barnard's case will start today at Salisbury Crown Court and is expected to last four days. He's being charge for one count of ABH. Can't see a custodial sentence personally.

 

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Neither can I, apart from the fact he is innocent until proven guilty.

 

Having said that, if he has got a b'stard of a judge who wants to make an example of him...

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Probably makes sense as to why he's been on the bench the last few games but not been played.

He'd want to see the club is behind him but I don't think he'd be in the frame of mind to play. IMO anyway

 

Yes, because Adkins would definitely waste one of the five spaces on the bench on a player who he can't play, in order to make him feel better.

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I see the Daily Echo is reporting that Barnard's case will start today at Salisbury Crown Court and is expected to last four days. He's being charge for one count of ABH. Can't see a custodial sentence personally.

 

Link

 

Makes no difference to us if he gets gaol time or not, won't be here next season and won't play again this season.

Total waste of a year's salary.

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Or just Common sense

 

Not sure why extensions were given to players like harding butterfield and barnard

 

Because if we are to expect youngster to show a bit of loyalty to the club, the club has to show a bit of loyalty to players who have served the club well.

 

Barnard has averaged a goal every 2 or 3 games and is 3 years younger than Lambert so clearly gives us options despite missing most of this season with an ankle injury. He was immense in our promotion season from Lge 1.

 

Dan Harding is a former U21 international and an excellent back up for Fox. Probably better than Fox defensively. Only 28 so a good few years left in him yet

 

Butterfield has been a revelation standing in for Richardson thses past few games. Older than the others so some doubt how long he can maintain this standard but certainly good for another season. Remember he kept Nathanial Clyne out of the Palace side for a while.

 

Butterfiled got an extension to 2013 whilst thothers got extensions to 2014. Good business in my view.

 

My only concern is that if he is found guilty he is likely to get 15 months. No idea how that will affect his contract. Logically, it could amount to bring the club into disrepute so contract could be cancelled but maybe we should wait for the verdict first!!

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Harding and Butterfield are really not that great at all. Did a good job in L1 but not good enough where we are now.

 

I would expect his contract will be cancelled if he's sent down, but very much doubt thats going to happen. Saw Ferdinand and Diouf have been arrested for something which sound very similar !

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Because if we are to expect youngster to show a bit of loyalty to the club, the club has to show a bit of loyalty to players who have served the club well.

 

Barnard has averaged a goal every 2 or 3 games and is 3 years younger than Lambert so clearly gives us options despite missing most of this season with an ankle injury. He was immense in our promotion season from Lge 1.

 

Dan Harding is a former U21 international and an excellent back up for Fox. Probably better than Fox defensively. Only 28 so a good few years left in him yet

 

Butterfield has been a revelation standing in for Richardson thses past few games. Older than the others so some doubt how long he can maintain this standard but certainly good for another season. Remember he kept Nathanial Clyne out of the Palace side for a while.

 

Butterfiled got an extension to 2013 whilst thothers got extensions to 2014. Good business in my view.

 

My only concern is that if he is found guilty he is likely to get 15 months. No idea how that will affect his contract. Logically, it could amount to bring the club into disrepute so contract could be cancelled but maybe we should wait for the verdict first!!

 

15 months for ABH are you nuts this is the UK he's much more likely to get a slap on the wrist and some litter picking for such a minor charge.

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Or just Common sense

 

Not sure why extensions were given to players like harding butterfield and barnard

 

they may not be first choice, although Butterfield has looked pretty good in recent games, but until we sign international players for every position, they know the system and CDAJFU...when required.

Edited by david in sweden
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From Incourts for yesterday it says

16/04/2012 Mon, For Trial - Case Started - 11:11 at Court: 1

16/04/2012 Mon, For Trial - Prosecution Opening - 11:30 at Court: 1

16/04/2012 Mon, For Trial - Resume - 12:13 at Court: 1

16/04/2012 Mon, For Trial - Witness Number 1 Sworn - 12:33 at Court: 1

16/04/2012 Mon, For Trial - Legal Submissions - 12:57 at Court: 1

16/04/2012 Mon, For Trial - Case adjourned until 13:00 - 12:58 at Court: 1

16/04/2012 Mon, For Trial - Witness Number 2 Sworn - 14:49 at Court: 1

16/04/2012 Mon, For Trial - Witness Number 3 Sworn - 15:32 at Court: 1

16/04/2012 Mon, For Trial - Case adjourned until 10:30 - 16:08 at Court: 1

http://incourts.co.uk/search.html (search for Lee James Barnard)

 

From LawPages for today it says

[TABLE]

[TR]

[TD]Details:

[/TD]

[TD]Trial (Part Heard) - Witness evidence concluded - 14:38

 

[/TD]

[/TR]

[/TABLE]

 

 

http://www.thelawpages.com/court-hearings-lists/Salisbury-Crown-Court.php

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15 months for ABH are you nuts this is the UK he's much more likely to get a slap on the wrist and some litter picking for such a minor charge.

Actually the starting point is 6 months custody (it's probably a cat 2). Use of weapon, no credit for his defence, and by the sounds of the witness accounts various additional harm and culpability factors, with precious little mitigation. 12 months would be typical, more if he's got previous for any similar offences.

 

Still, don't let the facts get in the way of rolling out a hackneyed cliché...

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Some sentencing guidelines for ABH:

 

STEP 1 - Determine the offence category

 

Category 1: Greater harm (serious injury must normally be present) and higher culpability

Category 2: Greater harm (serious injury must normally be present) and lower culpability;

or lesser harm and higher culpability

Category 3: Lesser harm and lower culpability

 

STEP 1 HARM AND CULPABILITY FACTORS

HARM

Factors indicating greater harm

 

Injury (which includes disease transmission and/or psychological harm) which is serious in the context of the offence (must normally be present) - Yes

Victim is particularly vulnerable because of personal circumstances - No

Sustained or repeated assault on the same victim - No

 

Factors indicating lesser harm

 

Injury which is less serious in the context of the offence - No

 

CULPABILITY

Factors indicating higher culpability

 

Statutory aggravating factors:

 

Offence motivated by, or demonstrating, hostility to the victim based on his or her sexual orientation (or presumed sexual orientation) - not that we are aware of

Offence motivated by, or demonstrating, hostility to the victim based on the victim's disability (or presumed disability) - as above

 

Other aggravating factors:

 

A significant degree of premeditation - no

Use of weapon or weapon equivalent (for example, shod foot, headbutting, use of acid, use of animal) - yes

Intention to commit more serious harm than actually resulted from the offence - unsure

Deliberately causes more harm than is necessary for commission of offence - unsure

Deliberate targeting of vulnerable victim - no

Leading role in group or gang - no

Offence motivated by, or demonstrating, hostility based on the victim's age, sex, gender identity (or presumed gender identity) - not that we know of

 

Factors indicating lower culpability

 

Subordinate role in group or gang

A greater degree of provocation than normally expected - unsure

Lack of premeditation - no

Mental disorder or learning disability, where linked to commission of the offence - no

Excessive self defence - unsure

 

Looking at this, I would say he's falling into category 2. Then in terms of sentence:

 

Category 1

Starting Point (Applicable to all offenders): 1 year 6 months' custody

Category Range (Applicable to all offenders): 1 - 3 years' custody

Category 2

Starting Point (Applicable to all offenders): 26 weeks' custody

Category Range (Applicable to all offenders): Low level community order - 51 weeks' custody

Category 3

Starting Point (Applicable to all offenders): Medium level community order

Category Range (Applicable to all offenders): Band A fine - High level community order

 

STEP 2 SERIOUSNESS FACTORS

 

The following lists are non-exhaustive

Factors increasing seriousness

Statutory aggravating factors:

 

Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction

Offence committed whilst on bail

 

Other aggravating factors include:

 

Location of the offence

Timing of the offence

Ongoing effect upon the victim

Offence committed against those working in the public sector or providing a service to the public

Presence of others including relatives, especially children or partner of the victim

Gratuitous degradation of victim

In domestic violence cases, victim forced to leave their home

Failure to comply with current court orders

Offence committed whilst on licence

An attempt to conceal or dispose of evidence

Failure to respond to warnings or concerns expressed by others about the offender's behaviour

Commission of offence whilst under the influence of alcohol or drugs

Abuse of power and/or position of trust

Exploiting contact arrangements with a child to commit an offence

Established evidence of community impact

Any steps taken to prevent the victim reporting an incident, or obtaining assistance and/or from assisting or supporting the prosecution

Offences taken into consideration (TICs)

 

Factors reducing seriousness or reflecting personal mitigation

 

No previous convictions or no relevant/recent convictions

Single blow

Remorse

Good character and/or exemplary conduct

Determination, and/or demonstration of steps taken to address addiction or offending behaviour

Serious medical conditions requiring urgent, intensive or long-term treatment

Isolated incident

Age and/or lack of maturity where it affects the responsibility of the offender

Lapse of time since the offence where this is not the fault of the offender

Mental disorder or learning disability, where not linked to the commission of the offence

Sole or primary carer for dependent relatives

 

Looking at those, I would say it's falling into the lower end of the spectrum of seriousness.

 

The range for category 2 is Low level community order - 51 weeks' custody, so the low end of that scale is low level community order, so I'd expect him to get a community order if he's found guilty, based on the things we know from the case.

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Actually the starting point is 6 months custody (it's probably a cat 2). Use of weapon, no credit for his defence, and by the sounds of the witness accounts various additional harm and culpability factors, with precious little mitigation. 12 months would be typical, more if he's got previous for any similar offences.

 

Still, don't let the facts get in the way of rolling out a hackneyed cliché...

 

I have not paid much attention to the case, having little knowledge of what went on. But with the testominy being given I find it difficult to see Lee avoiding a custodial sentence, 6 months would come as no surprise. If the statement that the injured party never instigated or responded to the attack, then I think lee's goose is cooked. A violent assult with a bottle, no provacation and no resistance? If all this is true I just cannot see Lee staying out of prison with amnesia being no credible defence in this case. If the guy is left with facial scaring as well, goodnight Lee.

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