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Court Martial & punishment in the DF

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  • #31
    He also pleaded guilty to assaulting Pte Patrick O'Kelly by rolling on top of him while he was sitting on a bed and preventing him from getting up

    I've always defined assault as, physically/ verbally injuring someone. How is that considered assault?
    Don't stand there GAWPING, like you've never seen the hand of God BEFORE!!

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    • #32
      A legal beagle* once explained to us that Assault was a threat or implication of hitting someone whereas battery was actually striking them.

      Sometimes I dont know if he was a legal beagle* or if the press find assault more "sexy" to explain someone getting hit.

      *Note said legal beagle was delivering a lecture as part of an instructors course for first aid about the legal status of being sued over treatment etc etc

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      • #33
        Originally posted by boomer View Post
        Sometimes I dont know if he was a legal beagle*
        There was your first mistake, you were taking legal advice from a dog.

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        • #34
          Originally posted by Barry View Post
          There was your first mistake, you were taking legal advice from a dog.
          What I mean is he was introduced as one, said he was one, sounded like one etc but we didnt ask to see his Law Courts Registration (or whatever it is they use)

          The only thing that causes confusion is the press definition of assault as opposed to legal definition.

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          • #35
            AFAIK there is no offence of "battery" in the Defence Acts.

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            • #36
              Is there any particular reason why so many Courts Martial are being reported in the Newspapers in the last week?


              Catch-22 says they have a right to do anything we can't stop them from doing.

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              • #37
                So in effect he got

                1) 6 months punishment duty
                moved to a different location

                followed by
                2) 7 day detention (presumably to be served in the DFTC)
                loss of 7 days pay
                fined €1k


                Also wondering why the delay of 18 months


                Certainly puts down a marker for any other prank!
                I'm not a number, I'm a free man.
                Who is number 1?

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                • #38
                  F*cking around with recruits as a Private, impersonating someone who has authority over said recruits, and being drunk at the time.

                  I'm with GH on this one. Got off light.
                  "The Question is not: how far you will take this? The Question is do you possess the constitution to go as far as is needed?"

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                  • #39
                    Originally posted by Goldie fish View Post
                    Is there any particular reason why so many Courts Martial are being reported in the Newspapers in the last week?
                    Thats 3 recently by my count, maybe the press, having attended the one high profile one, decided that court (martial) reporting is "sexier" than plain old court reporting?
                    Beyond the Leap, beyond the law!

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                    • #40
                      It's probably an area that has recently come to the attention of some journalists and it's a bit like a new toy. All this area of military justice being carried on behind high walls, etc.
                      I'm not a number, I'm a free man.
                      Who is number 1?

                      Comment


                      • #41
                        Originally posted by Goldie fish View Post
                        Is there any particular reason why so many Courts Martial are being reported in the Newspapers in the last week?

                        You would want to ask our resident and esteemed Journalist

                        and I reckon him and the boys will be well used to canteen tea in the forthcoming future

                        Court-Martial Diary

                        •The Summary Court-Martial sitting at the Naval Base, Haulbowline, County Cork at 1030am on Friday 26 March 2010 (Trial).
                        •A Limited Court-Martial sitting at the Military Justice Centre, McKee Barracks, Blackhorse Avenue, Dublin 7 at 1030am on Tuesday 13 April 2010 (Trial).
                        •The Summary Court-Martial sitting at Collins Barracks, Cork at 1100am on Monday 19 April 2010 (Trial).
                        •A Limited Court-Martial sitting at the Military Justice Centre, McKee Barracks, Blackhorse Avenue, Dublin 7 at 1030am on Tuesday 20 April 2010 (Trial).
                        •A Limited Court-Martial sitting at the Military Justice Centre, McKee Barracks, Blackhorse Avenue, Dublin 7 at 1030am on Thursday 06 May 2010 (Trial).
                        •The Summary Court-Martial sitting at the Military Justice Centre, McKee Barracks, Blackhorse Avenue, Dublin 7 at 1030am on Tuesday 18 May 2010 (Trial).
                        •A General Court-Martial sitting at the Military Justice Centre, McKee Barracks, Blackhorse Avenue, Dublin 7 at 1030am on Thursday 20 May 2010 (Trial).
                        Things fall apart; the centre cannot hold;
                        Mere anarchy is loosed upon the world,
                        The blood-dimmed tide is loosed, and everywhere***
                        The ceremony of innocence is drowned;
                        The best lack all conviction, while the worst
                        Are full of passionate intensity.

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                        • #42
                          Can anyone advise on the differences

                          Court Martial
                          Limited Court Martial
                          Summary Court Martial
                          I'm not a number, I'm a free man.
                          Who is number 1?

                          Comment


                          • #43
                            Originally posted by ZULU View Post
                            F*cking around with recruits as a Private, impersonating someone who has authority over said recruits, and being drunk at the time.

                            I'm with GH on this one. Got off light.
                            +1

                            Comment


                            • #44
                              Can anyone advise on the differences

                              Court Martial
                              Limited Court Martial
                              Summary Court Martial
                              +1. I think it's something to do with

                              a: severity of alleged offence/which section of the Act has alleged to have been breached
                              b: punishment it can award
                              c: rank [?] of offender
                              d: how the accused has , if given a choice, elected to be tried.

                              But i'm probably wrong.
                              "Are they trying to shoot down the other drone? "

                              "No, they're trying to fly the tank"

                              Comment


                              • #45
                                Originally posted by The Prisoner View Post
                                Can anyone advise on the differences

                                Court Martial
                                Limited Court Martial
                                Summary Court Martial
                                Also General Court Martial.

                                I imagine trellheim has it about right. In a civil court, a summary triel tends to be in hte district court in front of a judge only (no jury) mostly for offences that attract up to two years imprisonment - traffic offences, minor theft, assault, public order, etc.
                                Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has. Margaret Mead

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