Prison sentence for a smoke bomb?

[Joey's Toe]

The law is, at its heart, simplistic. If you break it, you risk punishment. If you can't do the time, don't do the crime. If the sentence is within the prescribed range, then it's not 'harsh'

And if you need smoke bombs to generate atmosphere and drama at a football match, you've got some odd priorities, IMO.

You're right insofar as the law is there and we should in theory abide by it. I'm not disputing that. My point was that it isn't a law based upon a moral absolute (&quotit is wrong to kill&quot, &quotit is wrong to steal&quot, something that we know inherently) it is a law based upon a balance of priorities and a balance of interests. I, and many others, feel that the law (and the punishments for breaking it) are disproportionate with the dangers it is supposed to prevent.

As for your second point, in a perfect world every game would create drama and atmosphere based on the play on the pitch. But I think we've all watched Oxford United enough times to know that sometimes drama and a sense of atmopshere is lacking. A few smoke bombs, flares etc - handled properly and safely - can enhance these things.

[A-Ro]

Boooo! What happened to my post? It took me ages to type as well.

[SmileyMan]

Looking a bit deeper into it, it appears the guy pleaded guilty to unlawful possession of an offensive weapon. Lord knows what his legal team were doing when they advised him to do that.

It's been an offence to possess a firework or flare or anything similar at a football match for over 30 years. Nearly as long as this guy's been alive.

Not surpised that people think the sentence is harsh, although once you know that offence he was charged with it makes more sense. But pretty surprised that people on here think that what he did was in some way OK.

[Kernow Yellow]

The law is, at its heart, simplistic. If you break it, you risk punishment. If you can't do the time, don't do the crime. If the sentence is within the prescribed range, then it's not 'harsh'

And if you need smoke bombs to generate atmosphere and drama at a football match, you've got some odd priorities, IMO.

I don't think anyone's arguing that he needed to take a smoke bomb into the ground, nor that he should be condoned for doing so. It was obviously a pretty silly thing to do, given that he must have known it was a prohibited article, but we've all done silly things in our time I'm sure.

I find it genuinely scary that a football fan has ended up in prison for such an innocuous offence, whatever the theoretical sentencing scope. A quick google search reveals that the maximum sentence for possessing a class B drug with intent to supply is 14 years, but you'd be pretty horrified if someone you knew got that for passing a joint to a friend at a music festival, for example. There should be common sense involved in sentencing, and the judge in this case seems to have allowed ignorance and/or prejudice to get in the way of that common sense.

[GodalmingYellow]

The law is, at its heart, simplistic. If you break it, you risk punishment. If you can't do the time, don't do the crime. If the sentence is within the prescribed range, then it's not 'harsh'

And if you need smoke bombs to generate atmosphere and drama at a football match, you've got some odd priorities, IMO.

That's simply not true. a range of sentences is in place in order to punish the severity of the case, not for the judge to randomly impose whichever number they feel like within the range.

There are loads of examples of people breaking the law, who do not get punished, and loads of examples where people do far worse things and get away with a much lighter sentence.

The point here is not that the person should not have been punished, but that the punishment meted out appears to be disproportionate to the crime.

I still add the caveats from my earlier messages.

I tend to agree with you on the lack of need for smoke bombs. I want to watch football, not smoke.

[Baboo]

Agree with GY - I go to football to watch football. Not smoke or the back of some banner someone has decided to wave around whilst play is going on, or the back of one of those stupid hats that sit a few feet on top of the head (not see very often but have a tendency to appear for the big games when the part-timers pay a visit. More likely to be seen away from the Kassam on our rare big days out). But when viewed from afar i.e. a different stand it does have a certain appeal and there is no denying that the atmosphere is cranked up a few notches. I do take the point about the effect it has on those with breathing problems though.

[slappy]

http://www.leedsunited.com/news/2012081 ... 85_2885723
IMPORTANT INFORMATION FOR SATURDAY
15 Aug 2012
Re-defined roles for the weekend...
Steward

Fans arriving at Elland Road on Saturday will notice the club have re-defined the role played by stewards who operate outside of the stadium.

The new role will be fulfiled by stewards wearing high-vis jackets with a brief to assist fans getting into the stadium and answering general questions about what they can expect from the matchday experience.

In addition to the above on Saturday, search stewards will also be utilised at the visiting fans turnstiles.

This follows an incident at the Shrewsbury game last weekend when a smoke bomb was let off inside the visiting concourse during the half-time interval causing discomfort to a number of visiting fans.

As ever, those fans who haven't yet purchased tickets for Saturday's game but wish to attend are advised to buy in advance.
------------------------------------------------------------------------------------
Seeing as we will be going there in a few weeks, this is the Leeds reaction to a smoke bomb being let off inside a confined inside area. A bit different to a half empty open stand where a smoke bomb wasn't even set off.
As I posted on the other forum, prison was way over the top for this, a judge out of touch with the reality of what happened or could have happened. &quotimagine what could have happened?&quot the judge / magistrate asked. A few people cough and move away for 30 seconds whilst the smoke bomb (if it had been lit) is kicked out of the way and extinguished.

[recordmeister]

Why don't we all take smoke bombs to brizzle on Sat and see what the filth do then?

[bspittles]

A few people cough and move away for 30 seconds...

Or get taken to hospital/require oxygen.

[joepoolman]

A few people cough and move away for 30 seconds...

Or get taken to hospital/require oxygen.

That's incredibly unlikely though, I'm asmatic and someone let a smoke bomb off right next to me at Aldershot in 2011 and I coughed a bit but had no problem. There's a risk involved with everything fun, it doesn't mean you don't do it. All you've done is say what the risk is, you haven't pointed out that it almost never happens.

[bspittles]

Everyone's different, but I know I can't comfortably sit near a bonfire and certainly wouldn't consider a smoke bomb a bit of fun.

[theox]

Looking a bit deeper into it, it appears the guy pleaded guilty to unlawful possession of an offensive weapon. Lord knows what his legal team were doing when they advised him to do that.

It's been an offence to possess a firework or flare or anything similar at a football match for over 30 years. Nearly as long as this guy's been alive.

Not surpised that people think the sentence is harsh, although once you know that offence he was charged with it makes more sense. But pretty surprised that people on here think that what he did was in some way OK.

The above post should end the conversation really. Generally the minimum sentence when admitting this crime is 6 weeks so this chap is at the very bottom end of the scale.

A lesson to everyone to leave the prohibited items at home methinks...........

[slappy]

http://www.oxfordmail.co.uk/news/988125 ... uring_row/

A 60-YEAR-OLD businessman held a knife to a friend’s throat in a Cowley Road cafe in a row over money. Abdelkader Benallal flew into a rage in George and Delila’s (G&ampD’s) and set upon Mohammed Haddadene. The incident, on February 28, was captured on CCTV and Benallal admitted common assault and possessing an offensive weapon. At Oxford Crown Court on Monday, Judge Patrick Eccles gave Benallal an eight-week night-time curfew between 7pm and 7am and ordered him to pay £100 costs at a rate of £2.50 a week.

Theox - assault, offensive weapon. Jail? Community service? slap on the wrist is all this case got.

Yesterday I had it confirmed by somebody who saw the incident that Carl was at the back of the stand at Plymouth when someone unknown passed the smoke bomb to him, so he hadn't even brought the 'offensive weapon' into the ground.

[YellowHoods]

Sentence now appealed to 100 hours community service plus three year ban. Not sure how they handle time already served in prison.

So these appear to be the facts

1. Chap concerned did not bring the smoke bomb into the ground, but rather stupidly took it off someone else
2. It was not set off, and there is no proof that it was intended to be
3. Chap concerned had no previous police record
4. He did, however, upset the stewards by being &quotdifficult&quot when questionned about the smoke bomb
5. He received crap legal advice by admitting to having an offensive weapon
6. The judge seemed to not know the difference between a smoke bomb and an H-bomb, commenting that &quotheaven knows what might have happened had it gone off.&quot

Overall, a bit of a miscarriage of justice, I would say. Still, he was only a football fan, so who cares?

[GodalmingYellow]

Sentence now appealed to 100 hours community service plus three year ban. Not sure how they handle time already served in prison.

So these appear to be the facts

1. Chap concerned did not bring the smoke bomb into the ground, but rather stupidly took it off someone else
2. It was not set off, and there is no proof that it was intended to be
3. Chap concerned had no previous police record
4. He did, however, upset the stewards by being &quotdifficult&quot when questionned about the smoke bomb
5. He received crap legal advice by admitting to having an offensive weapon
6. The judge seemed to not know the difference between a smoke bomb and an H-bomb, commenting that &quotheaven knows what might have happened had it gone off.&quot

Overall, a bit of a miscarriage of justice, I would say. Still, he was only a football fan, so who cares?

According to the person claiming to be his brother on Yellows forum, you point 3 is not correct.