Assault

cashie88 · 02-01-2014 2:20am #1

Hey guys!

Any advice would be appreciated.

I was out last night when my ex girlfriends current boyfriend followed me out to the front of the pub and assaulted me. I have to stress I have not been with my ex for over a year. I have no ill will against her or her new boyfriend and did not instigate a fight in anyway. This makes it more confusing to me. Anyway He punched me in the face and head before throwing me against the door. I did not make any reprocussions or attempt to fight back in anyway. The bouncers managed to stop the fight and the guards were called and the man was arrested. I was left with a bruised head, ear and a very very swollen bloody and cut lip. I went to the emergency doctor incase of any serious damage. He said i was very lucky that my injuries were not very serious. When I went into the garda today to make a statement i was told to come back at the weekend when the garda involved was back on duty. Through the power that is social media i found out this man was released within minutes of being taken away from me? Is that right? I fully intend on getting on to a solicitor but in this kind of case what is usually the next step forward?

Cheers

chops018 · 02-01-2014 2:42am

Maybe the ex said something about you that set him off - possibly lies about you.

Anyway, if you have no long term damage then practically I would suggest maybe trying to talk this out and let him know that you want no involvement with them and once he pays your doctor's bill then that will be the end of it, once nothing like that happens again, and make sure he knows that if it does then he will feel the full extent of the law.

(Obviously meeting/going to them maybe with their and your family present so nothing like this happens during it).

If you really want to then go see a Solicitor and the Guards and have him punished etc. then by all means do. But I think we are too quick to do things like this, when it could be sorted by other means first, and it won't see anyone's future being damaged over a stupid drunken mistake..

It's up to yourself, and I know very little details of the background and all that. So I suppose the above might not be an option.

tomdempsey200 · 02-01-2014 2:45am

chops018 wrote: »

Maybe the ex said something about you that set him off - possibly lies about you.

Anyway, if you have no long term damage then practically I would suggest maybe trying to talk this out and let him know that you want no involvement with them and once he pays your doctor's bill then that will be the end of it, once nothing like that happens again, and make sure he knows that if it does then he will feel the full extent of the law.

(Obviously meeting/going to them maybe with their and your family present so nothing like this happens during it).

If you really want to then go see a Solicitor and the Guards and have him punished etc. then by all means do. But I think we are too quick to do things like this, when it could be sorted by other means first, and it won't see anyone's future being damaged over a stupid drunken mistake..

It's up to yourself, and I know very little details of the background and all that. So I suppose the above might not be an option.

you've got to be kidding right?

h2005 · 02-01-2014 2:47am

chops018 wrote: »

Maybe the ex said something about you that set him off - possibly lies about you.

Anyway, if you have no long term damage then practically I would suggest maybe trying to talk this out and let him know that you want no involvement with them and once he pays your doctor's bill then that will be the end of it, once nothing like that happens again, and make sure he knows that if it does then he will feel the full extent of the law.

(Obviously meeting/going to them maybe with their and your family present so nothing like this happens during it).

If you really want to then go see a Solicitor and the Guards and have him punished etc. then by all means do. But I think we are too quick to do things like this, when it could be sorted by other means first, and it won't see anyone's future being damaged over a stupid drunken mistake..

It's up to yourself, and I know very little details of the background and all that. So I suppose the above might not be an option.

I wouldn't do any of this. Talk to the guard and go from there. I wouldn't get the solicitor just yet.

cashie88 · 02-01-2014 2:50am

Cheers for your reply and I appreciate the advice. In a perfect world maybe that would be the way to go. But i dont think its justice to pretty much get an apology so they can avoid court. Its not sincere. The law is there for a reason And being drunk is not a reasonable excuse because at the end of the day if it was not for the bouncers things could have been alot worse. He surely needs to face up to the consequences of his actions?

chops018 · 02-01-2014 2:52am

tomdempsey200 wrote: »

you've got to be kidding right?

Why does everything always have to be about arresting and convicting someone.

It shouldn't always be necessary, there is no long term damage, it would seem he got a few punches and yes was indeed assaulted.

Something small like a row could be easily talked out amicably and peacefully without the need for Guards and Solicitors.

It wasn't a random attack - if it was I would be all for telling him to see the Guard as quick as he could, as no way should anyone be subject to a random attack. No one should be subject to any attack obviously, but it can be sorted other ways.

It's just a practical view on the matter.. It's possible for these things to be resolved. The man might have never hit a person in his life, he might not be a scumbag and could have a bright future ahead and something stupid where he lost his cool could follow him for the rest of his life. Fights happen, no one was badly hurt. Obviously it needs to be sorted, but it doesn't have to mean a conviction.

Again, it is completely up to the OP to proceed in whatever way he wishes/thinks is best for himself and everyone.. we don't know the full facts surrounding the incident.

cashie88 · 02-01-2014 2:55am

chops018 wrote: »

Why does everything always have to be about arresting and convicting someone.

It shouldn't always be necessary, there is no long term damage, it would seem he got a few punches and yes was indeed assaulted.

Something small like a row could be easily talked out amicably and peacefully without the need for Guards and Solicitors.

It wasn't a random attack - if it was I would be all for telling him to see the Guard as quick as he could, as no way should anyone be subject to a random attack. No one should be subject to any attack obviously, but it can be sorted other ways.

It's just a practical view on the matter.. It's possible for these things to be resolved. The man might have never hit a person in his life, he might not be a scumbag and could have a bright future ahead and something stupid where he lost his cool could follow him for the rest of his life. Fights happen, no one was badly hurt. Obviously it needs to be sorted, but it doesn't have to mean a conviction.

I disagree completley. These things need to be talked out is what babies do in the school yard. Regardless of the extent of the injuries he broke the law.

Red Crow · 02-01-2014 2:56am

Someone who sought the OP out, followed them and assaulted them deserves to have a record. Somebody who takes the law into their own hands unnecessarily deserves to have a record. I'd be pressing charges and maybe this fella might think twice about hitting someone.

chops018 · 02-01-2014 2:56am

cashie88 wrote: »

Cheers for your reply and I appreciate the advice. In a perfect world maybe that would be the way to go. But i dont think its justice to pretty much get an apology so they can avoid court. Its not sincere. The law is there for a reason And being drunk is not a reasonable excuse because at the end of the day if it was not for the bouncers things could have been alot worse. He surely needs to face up to the consequences of his actions?

That is completely fair enough. I was just posting what I thought. We don't know the full facts, and if that is the way you wish to proceed and do indeed want to see justice then I wish you the best of luck, and I hope you do get the justice you feel he deserves.

As I said we don't know the full facts, and it is agreeable that it could have ended up being worse.

cashie88 · 02-01-2014 2:59am

A bit irrelevant now nd a thick question ðŸ˜¹ but what does OP stand for?

chops018 · 02-01-2014 3:02am

cashie88 wrote: »

A bit irrelevant now nd a thick question ðŸ˜¹ but what does OP stand for?

Original Poster.. so the person who started the thread.

cashie88 · 02-01-2014 3:04am

chops018 wrote: »

Original Poster.. so the person who started the thread.

Oh right haha thanks

obplayer · 02-01-2014 3:09am

chops018 wrote: »

Why does everything always have to be about arresting and convicting someone.

It shouldn't always be necessary, there is no long term damage, it would seem he got a few punches and yes was indeed assaulted.

Something small like a row could be easily talked out amicably and peacefully without the need for Guards and Solicitors.

It wasn't a random attack - if it was I would be all for telling him to see the Guard as quick as he could, as no way should anyone be subject to a random attack. No one should be subject to any attack obviously, but it can be sorted other ways.

It's just a practical view on the matter.. It's possible for these things to be resolved. The man might have never hit a person in his life, he might not be a scumbag and could have a bright future ahead and something stupid where he lost his cool could follow him for the rest of his life. Fights happen, no one was badly hurt. Obviously it needs to be sorted, but it doesn't have to mean a conviction.

Again, it is completely up to the OP to proceed in whatever way he wishes/thinks is best for himself and everyone.. we don't know the full facts surrounding the incident.

What a disgraceful comment and view. On the evidence we have been given a man is assaulted for no reason, a serious assault mind, not a shove or slap but an assault which could easily have led to very serious injuries and you advocate not going to the Guards? If he ends with a conviction for the rest of his life then that is exactly what we need to try and dissuade other scumbags from doing the same. He deserves a custodial sentence, there is no excuse for one adult striking another in anything except defence of one's self or defence of another.

Nekarsulm · 02-01-2014 3:11am

cashie 88, regardless of what you decide to do, i would suggest you photograph the damage to your face and also get a copy of any cctv which records the assault. Before the tape gets written over. best of luck.

chops018 · 02-01-2014 3:14am

obplayer wrote: »

What a disgraceful comment and view. On the evidence we have been given a man is assaulted for no reason, a serious assault mind, not a shove or slap but an assault which could easily have led to very serious injuries and you advocate not going to the Guards? If he ends with a conviction for the rest of his life then that is exactly what we need to try and dissuade other scumbags from doing the same. He deserves a custodial sentence, there is no excuse for one adult striking another in anything except defence of one's self or defence of another.

People have suffered worse in scraps on the football pitch where people lose their cool, (not sure the extent of the injuries, so apologies if they are bad, but from reading it just seems like some cuts and bruises), and you don't see anyone rushing to get them convicted.

How do you know this person is a scumbag? There is potentially a huge variety of factors that could be involved. If it does go to court the judge may not convict him at all.

There are numerous other defences available to a defendant. Please don't make such a comment unless you have studied the intricacies of Criminal Law.

cashie88 · 02-01-2014 3:19am

The extent of the injuries is irrelevant. The fact is it was not just one punch nd walk away. There was pure intention to cause harm and it only stopped because the bouncers intervened. And as i said o did nothing to provoke it. It was intentional. Say a burgular was robbing ur house and didn think u were home and u walked on him. U wouldnt sit down and have a cup of tea and hug it out. Youd be on to the guards straight away!

If we think mere apology would leave us get away with things law and order in society would not function. The law is there for a reason!

chops018 · 02-01-2014 3:21am

Nekarsulm wrote: »

cashie 88, regardless of what you decide to do, i would suggest you photograph the damage to your face and also get a copy of any cctv which records the assault. Before the tape gets written over. best of luck.

Even though I do still agree with my view somewhat, this has been the best comment on the thread so far.

chops018 · 02-01-2014 3:25am

cashie88 wrote: »

The extent of the injuries is irrelevant. The fact is it was not just one punch nd walk away. There was pure intention to cause harm and it only stopped because the bouncers intervened. And as i said o did nothing to provoke it. It was intentional. Say a burgular was robbing ur house and didn think u were home and u walked on him. U wouldnt sit down and have a cup of tea and hug it out. Youd be on to the guards straight away!

If we think mere apology would leave us get away with things law and order in society would not function. The law is there for a reason!

Not to be smart at all. But everyone on here seems to be missing my point. There is lot's of factors to be taken into account, and yes there is a law there for a reason, but that doesn't mean it should always be used.

As I said, if you do want justice then go ahead and best of luck.

The extent of the injuries will be highly relevant.... A good Solicitor could get this chap away with a "don't do it again" and a donation to the poor box. I've seen it myself, numerous times.

obplayer · 02-01-2014 3:27am

chops018 wrote: »

People have suffered worse in scraps on the football pitch where people lose their cool, (not sure the extent of the injuries, so apologies if they are bad, but from reading it just seems like some cuts and bruises), and you don't see anyone rushing to get them convicted.

How do you know this person is a scumbag? There is potentially a huge variety of factors that could be involved. If it does go to court the judge may not convict him at all.

There are numerous other defences available to a defendant. Please don't make such a comment unless you have studied the intricacies of Criminal Law.

First of all I will make whatever comments I choose within what the MODS allow thank you. Having played many sports I fully understand that injuries happen when playing them, they are not however normally done deliberately or with malice aforethought and where they are they should be subject to the law also. I believe he is a scumbag because the evidence is that he followed this man out of the premises and assaulted him without any assault, attempted or otherwise, on his person. As to the 'other defences available' I will leave that to the lawyers who make their living from such things; I am discussing the moral law. To follow a man out of the premises and assault him is wrong and the only way we will stop such things happening is to convict such scumbags and enforce the simple rule that assaulting people is wrong.

chops018 · 02-01-2014 3:28am

obplayer wrote: »

First of all I will make whatever comments I choose within what the MODS allow thank you. Having played many sports I fully understand that injuries happen when playing them, they are not however normally done deliberately or with malice aforethought and where they are they should be subject to the law also. I believe he is a scumbag because the evidence is that he followed this man out of the premises and assaulted him without any assault, attempted or otherwise, on his person. As to the 'other defences available' I will leave that to the lawyers who make their living from such things; I am discussing the moral law. To follow a man out of the premises and assault him is wrong and the only way we will stop such things happening is to convict such scumbags and enforce the simple rule that assaulting people is wrong.

I fully agree.

But as I said, I don't think this is always necessary.. especially if there is relationships involved.. Tempers may flare, there was alcohol involved, we don't know what or if the ex-girlfriend said anything that may have provoked him into committing the attack.

Nekarsulm · 02-01-2014 3:30am

chops 018, I cannot remember the Latin term, but I think that people taking part in a team sport or other activity accept a certin amount of risk. As you say, he may well talk free from a Court without conviction but if the OP and the Guards do not persue the matter; then he certinlly wil .

obplayer · 02-01-2014 3:34am

chops018 wrote: »

I fully agree.

But as I said, I don't think this is always necessary.. especially if there is relationships involved.. Tempers may flare, there was alcohol involved, we don't know what or if the ex-girlfriend said anything that may have provoked him into committing the attack.

Fine, I will leave it at that.

Regards

chops018 · 02-01-2014 3:36am

Nekarsulm wrote: »

chops 018, I cannot remember the Latin term, but I think that people taking part in a team sport or other activity accept a certin amount of risk. As you say, he may well talk free from a Court without conviction but if the OP and the Guards do not persue the matter; then he certinlly wil .

Non injuria volenti?

I'm not talking about an injury from a tackle btw.. I'm talking about when tempers are high and there is an actual fight in a sports match.

Look, I understand where you are all coming from. The act was wrong, but I just don't think the avenue of looking for a conviction is always necessary. Most of the time yes, more than likely in this situation yes, but considering all party's are known to each other I thought it might have been sorted another way before going to such extremities which can see a person's future being possibly ruined.

A conviction here will not deter future scumbags from committing such crimes (and no I don't have any statistics to back that up, but look at every town in Ireland every weekend and there will be numerous rows.. the Guards will arrive, break it up and send the people in the other direction of eachother - this doesn't always happen and they may very well arrest the people, but I have seen it happening, and this shows the Guards even know that things can be sorted by breaking it up and sending them home or the other way possibly without anything else coming from it).

moc moc a moc · 02-01-2014 5:09am

chops018 wrote: »

People have suffered worse in scraps on the football pitch where people lose their cool

People have also died as the result of a single punch to the head. This is utterly unacceptable behaviour and the perpetrator needs to learn this; the hard way if needs be, for the sake of any potential future victims.

chops018 wrote: »

A conviction here will not deter future scumbags from committing such crimes

Maybe it will deter this particular scumbag, which will be better than nothing.

aN.Droid · 02-01-2014 5:45am

Doublelime wrote: »

Moderator edited: removing deleted post.

Cya.

On topic: This guy was out to do harm. It was premeditated and he deserves to be punished. Who knows what might happen the next time he decides to do this because he was not punished this time.

OP push the guards to press charges and I hope that any pain you suffored is alleviated quickly.

cashie88 · 03-01-2014 1:19am

hey guys,

we are all going to have different opinions no need to get hostile with each other. rainbows and bunny rabbits and all that jazz!

The latest is that I have heard he is saying around the town that I started it because I was 'making comments' to him all night. This is not true. Honestly I never had a problem with this chap or my ex. This to me now is more distressing then getting punched because my name will be tarnished by a lie

aN.Droid · 03-01-2014 7:13am

cashie88 wrote: »

hey guys,

we are all going to have different opinions no need to get hostile with each other. rainbows and bunny rabbits and all that jazz!

The latest is that I have heard he is saying around the town that I started it because I was 'making comments' to him all night. This is not true. Honestly I never had a problem with this chap or my ex. This to me now is more distressing then getting punched because my name will be tarnished by a lie

Get cctv footage ASAP before it is recorded over. It will show him as the agressor.

I am sure a conviction against him will clear your name very easily.

Pat Mustard · 03-01-2014 8:05am

cashie88 wrote: »

hey guys,

we are all going to have different opinions no need to get hostile with each other. rainbows and bunny rabbits and all that jazz!

The latest is that I have heard he is saying around the town that I started it because I was 'making comments' to him all night. This is not true. Honestly I never had a problem with this chap or my ex. This to me now is more distressing then getting punched because my name will be tarnished by a lie

Options:

1. Make a complaint to Gardai about the criminal offence of assault.
2. Check to see if the guy has a job or any assets and then make an appointment to see a solicitor about a civil action for assault. No point in suing a turnip.
3. If you have financial losses, such as broken teeth, spectacles or torn clothing, consider applying for compensation from the Criminal Injuries Compensation Board asap.
4. Take advice on defamation of character if you have been hard done by. Again, pointless to sue somebody from whom recovery of damages will be impossible. Remember time limits for taking action here, and if necessary take advice.

The previous poster made a good point about the CCTV. It will not be around for long so you need to act.

seb65 · 03-01-2014 8:41am

chops018 wrote: »

People have suffered worse in scraps on the football pitch where people lose their cool, (not sure the extent of the injuries, so apologies if they are bad, but from reading it just seems like some cuts and bruises), and you don't see anyone rushing to get them convicted.

How do you know this person is a scumbag? There is potentially a huge variety of factors that could be involved. If it does go to court the judge may not convict him at all.

There are numerous other defences available to a defendant. Please don't make such a comment unless you have studied the intricacies of Criminal Law.

Perhaps you might expand on the other defences available to this defendant, from the facts given by the OP?

chops018 · 03-01-2014 2:14pm

seb65 wrote: »

Perhaps you might expand on the other defences available to this defendant, from the facts given by the OP?

It would be extremely difficult without hearing the story from the defendant.

But off the top of my head - provocation, intoxication. Although they will not be complete defences, they are still available to him and may help greatly depending on the defendant's Solicitor and Judge. It could very well be taking into account when determining the penalty imposed, and as I said in a post above that penalty may very well be a donation to the poor box - in essence, being let off without a conviction, or else being given the Probation Act.

I'm not saying the above would work, just using them to add to the discussion as they are a possibility.

More than likely if the OP does proceed it will be a run of the mill Criminal case in the DC anyway which could either see him get a few months and a fine, none at all but suspended and a fine, none but suspended, a fine, a donation to the poor box, or nothing.

03-01-2014 2:55pm

chops018 wrote: »

It would be extremely difficult without hearing the story from the defendant.

But off the top of my head - provocation, intoxication. Although they will not be complete defences, they are still available to him and may help greatly depending on the defendant's Solicitor and Judge. It could very well be taking into account when determining the penalty imposed, and as I said in a post above that penalty may very well be a donation to the poor box - in essence, being let off without a conviction, or else being given the Probation Act.

I'm not saying the above would work, just using them to add to the discussion as they are a possibility.

More than likely if the OP does proceed it will be a run of the mill Criminal case in the DC anyway which could either see him get a few months and a fine, none at all but suspended and a fine, none but suspended, a fine, a donation to the poor box, or nothing.

Provocation only applies to murder charges to downgrade the conviction to one of manslaughter.

Assault

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