R v. Morgan

[Thomas Conner]

Supporters of Sheffield United may be interested to know that in the absence of a criminal prosecution by the CPS against their player Morgan, supporters of Barnsley can bring the criminal action themselves. The procedure is that they lay an information at a Magistrates court, preferably one in the area where the match took place. They must stress the public interest justification for the issuing of a summons. The court will have facilities to view VHS tapes and CD discs. This case is similar to the Ferguson case, indeed possibly more serious as the elbow applied to the skull with intent to injure is more dangerous than the forehead applied. Criminal liability attaching to Morgan's acts or omissions is founded on Intention, Recklessness, or Negligence. In this case, Section 20 OAPA 1861 bites on the facts in my view. Recklessness will suffice if intent is difficult to establish. The requirement for S.20 Grievous Bodily Harm is for "serious harm" and a fractured skull falls into this category. If it can be established that Morgan actually intended to do some grievous bodily harm (and the video evidence is compelling), even if he only formulated his intention one second before acting, then Section 18 bites and this is rather more serious. If Morgan is convicted under S.18 and is imprisoned, then, if Ian Hume was to die from his injury within three years, Morgan would be re-arrested and charged with - murder. Something for Mr. Morgan to contemplate when he thinks about launching another attack. The criminal law is not suspended between 3pm and 5pm on a Saturday afternoon.

[typical_sheffield]

It’s probably safe to assume that Iain Hume did not undergo this life-threatening misfortune so he could get himself on the telly.

Chris Morgan was awarded a yellow card for his foul (rather than a three month prison sentence) and that’s how it’s going to stay.

The Football Association would consider further punishment were the ‘circumstances’ more ‘exceptional’, but everyone knows that in the Championship fractured skulls are as common as throw-ins.

Barnsley are threatening to bring a civil action against Morgan and his club. United obviously think this is all wrong, and that the FA’s ruling should be a final end to the matter.

This, by the way, is the same Sheffield United who refused the official ruling on the West Ham saga, and are using their own lawyers to try and grab £30 million. The double standard at work here is both hilarious and pitiful.

If Sheffield United can have their day in court, then why can’t Barnsley? If an official ruling is the end of the matter in one thing, then why not in everything?

Why not? Because Sheffield United’s talk of fairness only applies when it’s fair to them, that’s why. Anything else gets the elbow.