Monty on the march – Panesar urinates on a bouncer in Brighton

Monty on the march – Panesar urinates on a bouncer in Brighton

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Monty Panesar, the England cricketer went on a bit of a drunken rampage on the night of the 4th August 2013 in Brighton. This culminated in him apparently ‘being caught urinating on nightclub bouncers’ (that is bouncers plural, which is fairly brave in itself) after being ejected from the Shoosh Club.

As a result, he was given a Fixed Penalty Notice for being Drunk and Disorderly in a Public Place. For full details, see our factsheet on Fixed Penalty Notices, but in essence this means that the police felt that there was enough evidence to prosecute Mr Panesar, but decided, due to the ‘low level ‘ nature of the crime, that it was appropriate to give this form of out of court disposal to Mr Panesar.

He will now have 21 days to pay the fine of £90 and, if he does that, then that will almost certainly be the end of the matter. We say almost because there is a possibility that the bouncers, if they feel sufficiently aggrieved at being urinated on from a balcony, to launch a private prosecution or sue him in the civil courts (it is also theoretically possible that the CPS could prosecute, but that is very unlikely).

If you’re a law student, you may want to work out how many offences, or potential offences, Mr Panesar could have committed (or at least that should be considered by a lawyer advising a bouncer). There are at least five at a stretch.

One that we’ll give you for free is Outraging Public Decency – in 1663 Sir Charles Sedley (later to be Speaker of the House of Commons – politicians were more debauched and colourful in those days) stood naked on a balcony in Covent Garden before urinating on several people below. His behaviour was perhaps worse due to the nudity and the fact that he ”took a glass of wine and washed his prick in it and then drank it‘ (Samuel Pepys’ words, not mine, before anyone complains), but established a precedent.

 

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Dan is a barrister at 2 Dr. Johnson’s Buildings practising in crime.

10 COMMENTS

  1. I did a case where they insisted on being “evacuation technicians.”

    And I love the wine story though why he should want to do that I can’t imagine.. On a side issue I happen to know that there is a well-respected Judge who was once punished (quite leniently in my view) for urinating into a canon. At least Panesar’s leak did not involve national security implications. Great blog by the way.

  2. Hi there I’m a law student and I think I’ve figured out two of the offences that may have been committed. I think being drunk and disorderly in a public place is one of them and I think behaviour likely to cause harassment, alarm or distress is the other offence. I’m also going to assume that one of those offences was the subject of the Fixed Penalty Notice served on Mr. Panesar.

    I’m not too sure whether urinating on someone would potentially amount to battery and I would look it up in a textbook but I’m still on summer holidays!

    • Thanks Bashir – you’re on the right lines certainly! The FPN was for Drunk and Disorderly. Urinating on someone would count as a battery (the best Court joke I’ve made relates to that) and quite possibly an assault. There’s a few different Public Order offences that it could fall under as well …

  3. Hmmmm, interesting, While I would have to consider this funny on a serious note, aswell as the charges listed above, How about Indecent exposure? or public lewdness? Just curious to know if i’m close…….

    • I’d certainly look at exposure, but there’s no sexual element so I doubt that would be a starter. There’s not an offence in England of ‘public lewdness, but it sounds interesting!

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