Cardiff 'fan' banned

[houdini]

Can the fan get him charged with assault?
Genuine question out of interest. I think I would if it was me.

It's the other way around I think?


Common Assault or ABH?

In law, the only factors that distinguish Common Assault from Assault occasioning Actual Bodily Harm (contrary to section 47 of the Offences against the Person Act 1861) are the degree of injury that results and the sentence available to the sentencing court. But this latter factor is only relevant in the Crown Court. The magistrates' court is able to pass exactly the same maximum penalty for both offences, namely six months' imprisonment.
A person commits an assault if he does an act (which does not for this purpose include a mere omission to act) by which he intentionally or recklessly causes another person to apprehend immediate unlawful violence.[2]
[edit]

Basically, if you put your hands on someone unlawfully, you are guilty of common assault. Common assault is what the Leeds united fan was charged with and he received a 16 week prison sentence and a 6 year ban from watching Leeds united. I think our fan got off very lightly.

 

[Wannabe2]

If it was a crime we could do Olson for impersonating a hockey player.

 

[redtilldead]

all things being equal, why should we ban one of our fans ( yes i know bla bla bla ) the way we are treated by the ivory tower mob, simmsy hicks, darnell etc thay are the ones we should be banning. oh look max's last game banned is coventry home, coincidence anyone ?

 

[chris592]

Potentially, but it's likely the fan will have already signed an account saying he no longer wishes to proceed.

From watching the footage to me it seems as if Olsen didn't do much wrong, and I don't think he was in the wrong, based on these reasons:

1. The fan was in an area that was meant to be off-limits.
2. He clearly approaches Olsen in what I would call an aggressive manner, seems to be shouting and swearing at him, and got right in his face.
3. Yes Olsen did throw a punch, but it looked a rather tame effort. Certainly what I would call reasonable force to protect his personal space.
3. You can clearly see the fan at the end laughing and smirking.

In my opinion the fan was there to cause an altercation, and Olsen was well within his right to use reasonable force to protect himself. it was clear from that footage who the aggressor was.

Now that's my view from a neutral perspective. Personally I think the fan that did it was a right muppet and should of been banned for much longer.

Hopefully after this incident Cardiff with review their stewarding and security measures for matches.

Firstly how did the fan get into this area, which is meant to be off-limits without anyone stopping him.

Secondly why was it left to Simmsy and the Mascot to pull the fan off, where was the Stewards?

And finally the fan was clearly standing there after the altercation, laughing and smiling having a right good time, again where are the security or stewards? I heard reports that he was able to get back into the crowd after that, if that is true then there needs to be an investigation on how this happened.

 

[Gazza272]

Secondly why was it left to Simmsy and the Mascot to pull the fan off, where was the Stewards?
.

Why do people keep saying this? I thought the guy in yellow who is trying to get Olson off was wearing High Vis not Camoflage!

There is a Steward there, its just Olson at 6 ft 6 isnt that easy to be dragged away!

 

[KaneDevils]

Sack the Stewards !! :idea:

all things being equal, why should we ban one of our fans ( yes i know bla bla bla ) the way we are treated by the ivory tower mob, simmsy hicks, darnell etc thay are the ones we should be banning. oh look max's last game banned is coventry home, coincidence anyone ?

That's a good un! Lets rescind the fans ban. Sarcasm, and a raised middle finger !

Chris 592 - Point 3 is assault mate, which ever way you try and dress it down. WD

 

[chris592]

Sack the Stewards !! :idea:

all things being equal, why should we ban one of our fans ( yes i know bla bla bla ) the way we are treated by the ivory tower mob, simmsy hicks, darnell etc thay are the ones we should be banning. oh look max's last game banned is coventry home, coincidence anyone ?

That's a good un! Lets rescind the fans ban. Sarcasm, and a raised middle finger !

Chris 592 - Point 3 is assault mate, which ever way you try and dress it down. WD

No it inst, the fan was the aggressor in that situation, approaching Olsen in an aggressive manner. Hoe got right in Olsen's face, shouting and swearing. Olsen used in my opinion reasonable force to protect his personal space.

The fact that the Police haven't taken any action, and that the EIHL have not banned Olsen probably shows that they don't think he did anything wrong either.

 

[KaneDevils]

Getting in some ones face isn't assault nor a crime, punching someone in the face twice I think is. WD
The Police can only take action if the fan was to press charges.
As for the League itself, well ...... .....

 

[andydevils]

People don't seem to be able to take all the information in. It was stated in the echo the other night that the fan called the police but after investigating it they found out that Olson was the one yo be assaulted.

Olson decided not to proceed with the charges.

I am a massive Devils fan but the Fan that got past security is totally in the wrong and deserves everything he has got.

 

[KaneDevils]

People don't seem to be able to take all the information in

As some don't seem to understand it.

Wether or not the fan was wrong, (which he was) wether or not Olson acted in self defence, he struck another human being with a fist. That is assault. There is no point arguing as it's a fact. He should be prosecuted, end of.

Will the penny ever drop?

 

[Glover]

The fact that the Police haven't taken any action, and that the EIHL have not banned Olsen probably shows that they don't think he did anything wrong either.[/quote]

and this is why the League just carries on making awful decisions as there are plenty of sheep who will just go along with every deciison. The referees make loads of mistakes it doesn't mean they're not wrong

 

[danhall76]

People don't seem to be able to take all the information in

As some don't seem to understand it.

Wether or not the fan was wrong, (which he was) wether or not Olson acted in self defence, he struck another human being with a fist. That is assault. There is no point arguing as it's a fact. He should be prosecuted, end of.

Will the penny ever drop?

Except that it's not in the case of a pre-emptive strike. He shouldn't be prosecuted because it's a waste of money and will never get a conviction.

 

[redvark]

Good shout by the Devils in banning him, though arguably a little light. Hope the action is enough to prevent the league imposing a fine for failure to control fans

What the league should do is act to ban him from all rinks for the same duration, otherwise the problem is potentially exported

 

[Finny]

Fan now banned for 5 years:

http://www.cardiffdevils.com/news/devils-news/elite-league-and-investigation-update/

 

[rolf]

Big old leap in ban sanction for being too pumped up, in the wrong place and getting a slap. I'm sure this has been applied by remote control from the joke EIHL disciplinary panel to save the devils facing a heavy fine. Im sure the banned guy will agree he was a prat, but I just feel he is now the scapegoat and get out of jail free card that was wanted by both Cov, Shuff and the EIHL.

Given Mr Simm's proximety to the event and his clearly (video footage proven) false anti-devils evidence, perhaps we should apply some good old Alan Sugar logic and ban him for 5 years too, for his part in the proceedings much like Tottenham to the BBC back in the day

 

[mazza03]

If it's true him (Simms) and Thomo should not have been on the disciplinary committee, were they?

 

[steve]

Wow, 5 years! When everyone was saying he punched Olson, fair enough. But the video clearly shows he doesn't. Yes he was threatening and aggressive, but 5 years is a hell of penalty to take. Bare in mind if he'd done that on the street on a saturday night it would have been at most an £80 ticket and that would be the end of it.

 

[Finny]

The programme article from Ragan confirms a second fan was also banned for 5 years. Would this be the rumoured Blaze fan who threw a drink over a steward?

 

[gandl]

The programme article from Ragan confirms a second fan was also banned for 5 years. Would this be the rumoured Blaze fan who threw a drink over a steward?

Plllllleeeeeeaaasssseee let it be Dave Simms

 

[osh]

I think a 5 year ban is excessive to be honest, and a more suitable punishment would have been the original 1 year ban. I have stood in that area in the past and have to say that reports of the fan clambering over barriers to get to Olson just doesn't appear correct. I have been there when the so called barriers have 2ft gaps between them and it would be so easy for anyone to just walk through the gap between barriers. I've also been there when players have voluntarily signed autographs and people have had photos taken with players IN the designated team area, so it's not or ever has been the ultra secure area that we are being led to believe. The fan in question has admitted he shouldn't have done what he did, regrets what he did, got a couple of clouts for his trouble and has apologised. I just think a 5 year ban is over the top.