| Is it me, or is 6 years in prison for this harsh? 18:46 - Nov 29 with 2125 views | The_Flashing_Smile |
https://www.theguardian.com/australia-news/2023/oct/16/francois-joseph-ghassibe-
The other guy started the fight... but didn't realise he was up against someone with a martial arts background. His head hitting the ground killed him, rather than the kick itself. And surely, if someone's attacking you then self defence is self defence? It's obviously awful that the guy died but there's no way the person now in prison would have imagined that would happen (let alone intended it)? |  |
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| Is it me, or is 6 years in prison for this harsh? on 18:48 - Nov 29 with 2100 views | redrickstuhaart |
The bloke was 70 and 6 inches smaller. Its about proportionate response. If he pushed him away and he fell I think it would be very different. |  | | |
| Is it me, or is 6 years in prison for this harsh? on 18:49 - Nov 29 with 2082 views | NthQldITFC |
Not really, when you consider the age (32 vs. 70) and height difference, and that it says he 'launched several blows at the older man before delivering a final kick to the chin'. |  |
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| Is it me, or is 6 years in prison for this harsh? on 18:51 - Nov 29 with 2078 views | DanTheMan |
I guess the key bit is this:
SA supreme court Justice David Peek found Ghassibe’s kick was unlawful as it was not in genuine self-defence and was a dangerous act he should have realised risked seriously injuring or killing Richardson.
I guess also being on multiple drugs didn't help either, or leaving the scene. |  |
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| Is it me, or is 6 years in prison for this harsh? on 18:52 - Nov 29 with 2063 views | WD19 |
The author of that article should get at least double that for feeling the need to describe how the victim hit his head ‘on the bitumen’ rather than just saying ‘road’.
Stressing that that the defendant was ‘10cm taller’ as though that makes him some kind of giant was a bit weird too.
Kicking an unarmed 70 year old on the head isn’t smart though. |  | | |
| Is it me, or is 6 years in prison for this harsh? on 18:54 - Nov 29 with 2050 views | redrickstuhaart |
| Is it me, or is 6 years in prison for this harsh? on 18:52 - Nov 29 by WD19 |
The author of that article should get at least double that for feeling the need to describe how the victim hit his head ‘on the bitumen’ rather than just saying ‘road’.
Stressing that that the defendant was ‘10cm taller’ as though that makes him some kind of giant was a bit weird too.
Kicking an unarmed 70 year old on the head isn’t smart though. |
Size is all part of the proportionality thing. Sounds like the bloke treated it as a hollywood martial arts opportunity despite being half the blokes age and much bigger.
I think he got off lightly. [Post edited 29 Nov 2023 18:54]
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| Is it me, or is 6 years in prison for this harsh? on 19:08 - Nov 29 with 1972 views | factual_blue |
I would imagine one thing to take into account that a martial arts expert would be presumed to know exactly the consequences of a particular blow, and an expert in anything should be presumed to be capable of making very quick - almost instant - decisions about how to deploy their expertise. |  |
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| Is it me, or is 6 years in prison for this harsh? on 19:08 - Nov 29 with 1970 views | BlueBadger |
Given the disproportionate nature of his response, he's possibly lucky not to be going away for long - 'Ghassibe, who was 40 years Richardson’s junior at the time and 10 centimetres taller, retaliated with devastating effect, the court heard. |  |
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| Is it me, or is 6 years in prison for this harsh? on 19:26 - Nov 29 with 1910 views | The_Flashing_Smile |
| Is it me, or is 6 years in prison for this harsh? on 19:08 - Nov 29 by factual_blue |
I would imagine one thing to take into account that a martial arts expert would be presumed to know exactly the consequences of a particular blow, and an expert in anything should be presumed to be capable of making very quick - almost instant - decisions about how to deploy their expertise. |
As someone who has studied martial arts (by no means an expert) - no, you can't possibly know someone's going to hit their head and die. | |
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| Is it me, or is 6 years in prison for this harsh? on 19:28 - Nov 29 with 1897 views | redrickstuhaart |
| Is it me, or is 6 years in prison for this harsh? on 19:26 - Nov 29 by The_Flashing_Smile |
As someone who has studied martial arts (by no means an expert) - no, you can't possibly know someone's going to hit their head and die. |
Agreed. And it is silly to say anyone in a real situaiton will automatically be able to make perfect split second judgments.
However, you do know what risk you are taking when you deliver a head kick to a pensioner. And hitting head on the ground is not just a risk but a likelihood in that situation. | | | |
| Is it me, or is 6 years in prison for this harsh? on 19:31 - Nov 29 with 1875 views | The_Flashing_Smile |
| Is it me, or is 6 years in prison for this harsh? on 18:48 - Nov 29 by redrickstuhaart |
The bloke was 70 and 6 inches smaller. Its about proportionate response. If he pushed him away and he fell I think it would be very different. |
A few have mentioned the age and height, so I'll just address it here: I don't see why these come into it. There are plenty of tough 70 year olds who can handle themselves still. And he obviously fancied himself, given that he started the fight. Those of you citing the age and height don't seem to have addressed this bit.
If someone picked a fight with me I'd defend myself, regardless of their age or height. And if you're trained in karate you're likely to use it in the heat of an attack.
I'm astonished some of you think he should've got longer, given he didn't start it. | |
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| Is it me, or is 6 years in prison for this harsh? on 19:33 - Nov 29 with 1842 views | redrickstuhaart |
| Is it me, or is 6 years in prison for this harsh? on 19:31 - Nov 29 by The_Flashing_Smile |
A few have mentioned the age and height, so I'll just address it here: I don't see why these come into it. There are plenty of tough 70 year olds who can handle themselves still. And he obviously fancied himself, given that he started the fight. Those of you citing the age and height don't seem to have addressed this bit.
If someone picked a fight with me I'd defend myself, regardless of their age or height. And if you're trained in karate you're likely to use it in the heat of an attack.
I'm astonished some of you think he should've got longer, given he didn't start it. |
30 year old martial artist in training. 70 year old bloke. There are far more proprtionate ways of dealing with that than a flippin head kick | | | |
| Is it me, or is 6 years in prison for this harsh? on 19:36 - Nov 29 with 1829 views | DecageBruce |
I would say much of the sentence is based on the age difference, the martial arts training and the size.
A school friend of mine was killed in 2011 from a single punch. The perpetrator only served 14 months and has since been in the media to explain/describe what happened.
Is such a tough situation to judge but just shows how wrong a single decision can change yours and others lives |  | | |
| Is it me, or is 6 years in prison for this harsh? on 19:43 - Nov 29 with 1807 views | NthQldITFC |
| Is it me, or is 6 years in prison for this harsh? on 19:26 - Nov 29 by The_Flashing_Smile |
As someone who has studied martial arts (by no means an expert) - no, you can't possibly know someone's going to hit their head and die. |
No, but you should know that a successful frontal kick to the chin will rotate the receiver's body backwards and send the back of the head into the ground. | |
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| Is it me, or is 6 years in prison for this harsh? on 19:46 - Nov 29 with 1789 views | The_Flashing_Smile |
| Is it me, or is 6 years in prison for this harsh? on 19:33 - Nov 29 by redrickstuhaart |
30 year old martial artist in training. 70 year old bloke. There are far more proprtionate ways of dealing with that than a flippin head kick |
You've just repeated yourself, but again not addressed the fact that the 70 year old started the fight.
You may well think that's irrelevant but I don't. | |
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| Is it me, or is 6 years in prison for this harsh? on 19:49 - Nov 29 with 1765 views | redrickstuhaart |
| Is it me, or is 6 years in prison for this harsh? on 19:46 - Nov 29 by The_Flashing_Smile |
You've just repeated yourself, but again not addressed the fact that the 70 year old started the fight.
You may well think that's irrelevant but I don't. |
No. I haven't. Its not something to address. Its right there in the report and already mentioned.
The Court presumably agreed with me. | | | |
| Is it me, or is 6 years in prison for this harsh? on 20:01 - Nov 29 with 1716 views | GlasgowBlue |
No. It's just you. |  |
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| Is it me, or is 6 years in prison for this harsh? on 20:13 - Nov 29 with 1693 views | factual_blue |
| Is it me, or is 6 years in prison for this harsh? on 19:26 - Nov 29 by The_Flashing_Smile |
As someone who has studied martial arts (by no means an expert) - no, you can't possibly know someone's going to hit their head and die. |
And I didn't say that. I intended to convey that as an expert you should instantly appreciate the consequences of your actions in your area of expertise.
As others have suggested there's clearly an almost inevitable outcome from the action he took, ie the bloke would go over backwards, falling to the ground. Whether he knew that would cause the victim's death is a moot point, but I'd say he was reckless as to the consequences and so was lucky to escape the more serious charge. | |
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| Is it me, or is 6 years in prison for this harsh? on 20:20 - Nov 29 with 1676 views | factual_blue |
| Is it me, or is 6 years in prison for this harsh? on 19:28 - Nov 29 by redrickstuhaart |
Agreed. And it is silly to say anyone in a real situaiton will automatically be able to make perfect split second judgments.
However, you do know what risk you are taking when you deliver a head kick to a pensioner. And hitting head on the ground is not just a risk but a likelihood in that situation. |
I didn't say 'a perfect split-second judgement'. | |
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| Is it me, or is 6 years in prison for this harsh? on 20:36 - Nov 29 with 1638 views | factual_blue |
| Is it me, or is 6 years in prison for this harsh? on 19:46 - Nov 29 by The_Flashing_Smile |
You've just repeated yourself, but again not addressed the fact that the 70 year old started the fight.
You may well think that's irrelevant but I don't. |
It's relevant insofar as it raises the possibility of self-defence. However a head-kick is a premeditated act, not a near-involuntary response. You have to make a conscious decision to do it. And, even more pertinently, it's not proportionate.
Do you think it's proportionate?
I think the accused believed he was a clever jack-the-lad who'd show this pensioner what he was up against. | |
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| Is it me, or is 6 years in prison for this harsh? on 20:45 - Nov 29 with 1608 views | blueasfook |
"Reasonable force" in any kind of scrap is the key thing. If your actions go beyond that then you're liable to end up in court. Kicking a 70 year old bloke in the chin couldn't really be passed off as reasonable force now could it? |  |
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