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cautioned for ABH


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#1 skywalker

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Posted 01 December 2006 - 02:15 AM

Hay all

Two nights ago I ended up being confronted buy a group of kids lighting and throwing fireworks at cars and houses. i went outside and confronted the group too give them what for. one of the kidz lite a rocket a chucked it at me!!!!!. luckely i was able to get out of its way with no halm. I then chased the lil tos*ers and ened up in a fight with them leaving one on the floor out for the count. Since his parents have pressed charges againsed me and iv now got to go to court.

I feel that my life and others around me were in danger and had to act. can anyone help me out???

The boy i hit was 14 but looked about 20 and was throwing fireworks..

thanx lukey

#2 Rip Rap

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Posted 01 December 2006 - 08:07 AM

Hay all

Two nights ago I ended up being confronted buy a group of kids lighting and throwing fireworks at cars and houses. i went outside and confronted the group too give them what for. one of the kidz lite a rocket a chucked it at me!!!!!. luckely i was able to get out of its way with no halm. I then chased the lil tos*ers and ened up in a fight with them leaving one on the floor out for the count. Since his parents have pressed charges againsed me and iv now got to go to court.

I feel that my life and others around me were in danger and had to act. can anyone help me out???

The boy i hit was 14 but looked about 20 and was throwing fireworks..

thanx lukey


Hi Lukey,

you are going to need witnesses to their idiotic behaviour (who are prepared to testify). Also a good solicitor who can "justify" your actions & who will also be able to get those brain dead morons to admit to their imbecilic actions through a bit of clever questioning.
"Choose a job that you love & you will never do a days work in your life!"

#3 Mortartube

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Posted 01 December 2006 - 09:29 AM

Why Lukey, as the upright citizen that you are, you was merely trying to maintain law and order but you were unfortunately attacked before you could summon the police and you had to defend yourself against a mass assault and fireworks being let off at you. And some of the laws that you were trying to maintain are here.

http://www.police-in...indexeng.html#F

under the fireworks section.

Edited by Mortartube, 01 December 2006 - 09:31 AM.

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#4 scoobie

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Posted 01 December 2006 - 06:50 PM

Hay all

Two nights ago I ended up being confronted buy a group of kids lighting and throwing fireworks at cars and houses. i went outside and confronted the group too give them what for. one of the kidz lite a rocket a chucked it at me!!!!!. luckely i was able to get out of its way with no halm. I then chased the lil tos*ers and ened up in a fight with them leaving one on the floor out for the count. Since his parents have pressed charges againsed me and iv now got to go to court.

I feel that my life and others around me were in danger and had to act. can anyone help me out???

The boy i hit was 14 but looked about 20 and was throwing fireworks..

thanx lukey


Man, sorry to hear that lukey... hope you get everything sorted out!

Little bu****s! They all need a damn good hiding if you ask me!

Scoob

#5 Wyvern

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Posted 01 December 2006 - 11:25 PM

i Realy feel for you, i live around the brighton area myself and same sort of crap happens here (even though im in the middle of the countryside) i realy dont understand kids these days (god that makes me fell old and im only 23), i blame the parents personally, if they werwe properly disciplined shit like this wouldnt happen. Well boys will be boys and blow stuff up or get into some mischief but things are ridiculous these days

#6 hoarp001

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Posted 02 December 2006 - 01:35 AM

Hi,

afew weeks ago at about 9pm I was 'shot at' by some kids with a bb gun. I walked past them and I could feel them against the back of my legs. Then one of them hit me on that fleshy tender bit behind your ear. It really stung, they were about 6ft away with it.

I nearly turned round and was quite violent with them, I am 6ft 3 and very bulky and I could easily have mashed them all into the pavment, but I chose to just ignore them.

If it happesns again, I might just take the bb gun and smash it on the ground... They cant press charges for that can they?


Good luck with your trial, a judge with any sense will see that the kids were being arseholes and your saftey, and indeed your life were threatened by them and you retaliated in an appropriate way, using equal force.

My dad used to be a magistrate, he used to deal with cases like this. I will ask him where you stand and what the likely consiquences could be.

Edit:

I just asked him about it, he says if the police decide to press charges against you or the kid, it will go to the magistrates court. He says if the police dont press charges it will be hard for the parents to sue independantly and could go to a civil court. Dont forget though, the police could press charges against the kids with the fireworks and you can press charges against the kids with the fireworks too.

It all comes down to weahter your retaliation was appropriate.

Edited by hoarp001, 02 December 2006 - 01:20 PM.


#7 Guest_Dan1011_*

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Posted 02 December 2006 - 03:43 PM

you aint gonna get f**k all anyway, same as if u called the police, either the kids wud of got away b4 they turned up or the police wud only warn them and thats it. good thing giving them a kickin

#8 karlfoxman

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Posted 02 December 2006 - 06:37 PM

Please can you stop using foul language, it does not help to prove a point. We are all mature enough not to use foul language I dont care if it contains *. The violence does not help any situation, I can understand wanting to use it in anger but it will not help.

#9 Mixologist

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Posted 02 December 2006 - 11:54 PM

Firstly i`d like to say well done for standing up to them, secondly unlucky they caught you up wth the police.

I quote from a family magistrate: "Send them to N.Warks magistrate court and they wont be getting off with just a fine."

You should be fine, even if the police do press charges and you end up in court, which will be a magistrate court. The majority, which is all you need, of magistrates will thnk you were only trying to diffuse the situation, look upon you as the unfortunate one, and sort out the kids!

(I faced a similar situation with the parents of a kid recently for putting a knife through his football that came into my garden nearly everyday for 2 weeks on the trot, and having him then jump my fence to get it back.) Everything will work out in the end.

#10 Phoenix

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Posted 03 December 2006 - 02:20 PM

Please can you stop using foul language, it does not help to prove a point. We are all mature enough not to use foul language I dont care if it contains *. The violence does not help any situation, I can understand wanting to use it in anger but it will not help.


Agreed. I didn't plan on commenting here, but since my view's already been voiced by karlfoxman, I'm going to back him up. I'm not going to pass judgement either way, since I don't know the details of situation at all, but I agree that getting violent in a situation like this is something to avoid if at all possible.

Edited by Phoenix, 03 December 2006 - 02:21 PM.


#11 ChesterPFX

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Posted 03 December 2006 - 10:51 PM

Need to know know where you stand with this mate. Topic title is 'Cautioned for ABH' but in the post you said that the kids parents have pressed charges and you've now got to go to court. Being cautioned for an offence means that you have been arrested, interviewed, that you admit commiting the offence and it was decided to deal with it 'by way of caution'. You would not then be required to attend court as the matter has been dealt with.
You would only go to court if you have been arrested and interviewed and the police have decided to charge you with with the offence.
If you have been cautioned - well there's no point giving any advice because it's all finished. If you haven't been arrested but think you will be, ensure you take the option on booking in of 'free independant legal advice' (that will be the duty solicitor) and make sure you tell them the truth during your consultation.
If you were nicked and didn't take legal advice - why not!!??
If you have been charged and bailed to appear to Magistrates court, get legal representation now; ever heard the phrase "a defendant who represents himself has a fool for a client"?

You will need to prove that your actions were justified and that you had an 'honest held belief' that you were in danger and that your force was proportionate to the threat. You will need to descibe their actions, the number of them, their physical sizes and demenour. An independant witness would help too.

The part where I can see you coming unstuck is the fact that you chased them. It is very difficult to plead self defence if you chase someone - see where I'm coming from? You will need to prove that you were pursuing them to arrest them for commiting an arrestable offence and on catching up with them, they turned on you.

Good luck.

Edited by ChesterPFX, 03 December 2006 - 10:52 PM.


#12 The_Djinn

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Posted 04 December 2006 - 10:43 PM

Skywalker,

Good on you for standing up to these idiots. In the same position I would have acted in the same way. The outcome of this is not only going to be how the facts stack up in court but also what the mindset of the judge is that will be presiding over your case.

In realistic terms given the facts you have provided, firstly the kids were below the legal age to handle or poses fireworks.. Secondly they were using them in a dangerous manour in a public place and thirdly they attacked you first.
A resonable laywer (dependent on the judge) should be able to prove that the individuals concerned were breaking the law and the attack by yourself was in self defence. I would hope that your representative would be laying a charge of agravated asault against the individuals for throwing the firework at you as well as charges relating to various public order offenses.. and lets not forget the charges for possesing fireworks under the legal age (guess the parents may have some explaining to do here as well).
I expect that even if the judge does go hardline with the individuals he still may formally warn you as he would not like it to be seen that he condones a few teenagers being beaten up even if there is just cause.
Depending on your circumstaces you may or not be entitled to legal aid but you need to look into this as soon as possible.

Mark
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#13 hoarp001

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Posted 14 December 2006 - 11:41 PM

any news luke?




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