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Is this attempted murder here?

  • 29-12-2008 12:21pm
    #1
    Closed Accounts Posts: 23


    Hey all,

    i was in a bar, where a scumbag works as a barkeeper, anyway he starts beating up one of the waitresses (no idea why- i was chatting to friends), so one thing led to another and i gave him a few punches, and we fought on the ground a bit. nobody helped, the guy was very aggressive and loud, and im a big dude so i guess people were a bit intimidated and didnt want to get involved.

    Anyway once were off the floor he grabs a wooden club about the length of a batton, and gives me a few whacks on the head, i was nearly KOd and i lost a good bit of blood. All the while he was shouting at me telling me he was gonna kill me.

    I ran away and that was that, didnt call the police. (Cos im in Germany btw and you only get a fine here for assault,:pac: i know this because my sister is a lawyer)

    Anyway its a good story for telling at parties, cos i can actually say that somebody attempted to kill me. I mean how many people can say that, right? Im not really proud of it, its just so surreal, i have problems coming to terms with it.

    Edit: so back to my question, is this an attempted murder?


Comments

  • Registered Users, Registered Users 2 Posts: 2,203 ✭✭✭Heyes


    Hey all,

    i was in a bar, where a scumbag works as a barkeeper, anyway he starts beating up one of the waitresses (no idea why- i was chatting to friends), so one thing led to another and i gave him a few punches, and we fought on the ground a bit. nobody helped, the guy was very aggressive and loud, and im a big dude so i guess people were a bit intimidated and didnt want to get involved.

    Anyway once were off the floor he grabs a wooden club about the length of a batton, and gives me a few whacks on the head, i was nearly KOd and i lost a good bit of blood. All the while he was shouting at me telling me he was gonna kill me.

    I ran away and that was that, didnt call the police. (Cos im in Germany btw and you only get a fine here for assault,:pac: i know this because my sister is a lawyer)

    Anyway its a good story for telling at parties, cos i can actually say that somebody attempted to kill me. I mean how many people can say that, right? Im not really proud of it, its just so surreal, i have problems coming to terms with it.

    Edit: so back to my question, is this an attempted murder?

    No, i dont think you could say that, and to be honest i dont think its a story people would want to hear.


  • Closed Accounts Posts: 9,463 ✭✭✭KTRIC


    General rule of thumb is don't get into fights when its not your business. I wouldn't dream of getting into a fight in Germany. Especially in a bar when a lot of locals (older generation) carry knifes and guns are easy to come by.

    Hate to add insult to injury but I think you should have kept to yourself.


  • Registered Users, Registered Users 2 Posts: 2,699 ✭✭✭samhail


    did you go home with the waitress ? i could have seen it working out, you standing up for her honor, she falling in love with you and giving you the night of your life.


  • Closed Accounts Posts: 4,662 ✭✭✭Trinity


    Pfft thats nothing.

    I've been choked twice to the point of almost going unconscious, been dragged up the stairs of an apartment complex to be fecked off and someone came at me with a sword once too. Got me good and proper across the shins.


  • Closed Accounts Posts: 2,737 ✭✭✭BroomBurner


    Technically, if he had killed you, it would be manslaughter. So no, it's not attempted murder.


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  • Registered Users, Registered Users 2 Posts: 1,467 ✭✭✭shenanigans1982


    samhail wrote: »
    did you go home with the waitress ? i could have seen it working out, you standing up for her honor, she falling in love with you and giving you the night of your life.

    Then attempting to kill you afterwards....now thats a story people would want to hear.


  • Closed Accounts Posts: 3,587 ✭✭✭Pace2008


    That's assaullt with a weapon, by the sound of it it isn't attempted murder.

    You could truthfully say you were smacked around with a big stick, if you think that still sounds good.


  • Banned (with Prison Access) Posts: 7,466 ✭✭✭blinding


    I believe that in germany the guilty party in case's of assault have to pay financial damages to the injured party which would probably have been you in this case if you could have got witness's to corroborate your story.
    Mind you to get witness's to back up an "auslander" might not be that easy.

    Anyone can feel free to contest my claim about the compensation if they know better as I am not absolutely certain on the matter.


  • Closed Accounts Posts: 23 AKfortyjimbob


    Actually, the barkeeper was an "auslander", turkish gent. im german.

    usually id keep to myself, but he started threatening a girl i was with, so i sorta had to play knight in shining armor if i wanted to get lucky.


    Mission accomplished btw :)


  • Registered Users, Registered Users 2 Posts: 57,368 ✭✭✭✭walshb


    Technically, if he had killed you, it would be manslaughter. So no, it's not attempted murder.

    How can you be so definite here. The law doesn't work like that.
    He said he was going to 'kill' and almost did. The intent was there and
    the battery was there. I think it's a possibility.

    Though in Ireland, it would most likely have been manslaughter had a killing took place.
    Ireland's courts system can be very funny


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  • Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    I would have done the same, depending on the situation. Stepping in and trying to get him away from her, not beating the crap out of him. If you died it could have been murder or manslaughter depending on jury and all that. He's shouting he is going to kill you while trying to smash in your head with a bat, yes I think it is close to murder. There are more elements involved though, like that pre-emptive thingy. His rational and all that. Could have pleaded temporary insanity etc etc.

    It's a story to tell alright. Not to everyone though ;)


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    i know this because my sister is a lawyer

    ...

    is this an attempted murder?
    Why don't you ask her?


  • Closed Accounts Posts: 29 no.1


    Because he's german I'm guessing his sisters german so what the McShyte would she know about the laws here?


  • Registered Users, Registered Users 2 Posts: 1,263 ✭✭✭Varkov


    So just because he's German he's automatically a scumbag?

    Racist.


  • Registered Users, Registered Users 2 Posts: 3,470 ✭✭✭DonJose


    Hey all,

    i was in a bar, where a scumbag ass bandit works as a barkeeper, anyway he starts beating up one of pounding the waitresses (no idea why- i was chatting to friends), so one thing led to another and i gave him a few punches tea bagging, and we fought on the ground a bit. nobody helped, the guy was very aggressive and loud, and im a big dude I have a big langer so i guess people were a bit intimidated and didnt want to get involved.

    Anyway once were off the floor he grabs a wooden club my weiner about the length of a batton, and gives me a few whacks on the head, i was nearly KOd and i lost a good bit of blood cum. All the while he was shouting at me telling me he was gonna kill fill me.

    I ran away and that was that, didnt call the police. (Cos im in Germany btw and you only get a fine here for assault,:pac: i know this because my sister is a lawyer)

    Anyway its a good story for telling at parties, cos i can actually say that somebody attempted to kill rape me. I mean how many people can say that, right? Im not really proud of it, its just so surreal, i have problems coming to terms with it.

    Edit: so back to my question, is this an attempted murder rape?

    Fixed that for you, in Ireland we call this "Saturday Night".


  • Registered Users, Registered Users 2 Posts: 570 ✭✭✭stevecrow74


    attempted manslaughter... i have a step-brother in germany and cannot return to england because he's wanted for the attempted manslaughter of a cop no less...


  • Registered Users, Registered Users 2 Posts: 57,368 ✭✭✭✭walshb


    Attempted manslaughter?

    I never heard of that one. It sounds a bit odd doesn't it.

    I attempted to 'manslaughter,' not to murder?

    I don't think that is accurate!


  • Closed Accounts Posts: 5,372 ✭✭✭The Bollox


    Attempted murder!? now come on what is attempted murder? do they give out the Nobel Prize for attempted chemistry?


  • Closed Accounts Posts: 43 jrodd


    anyway he starts beating up one of the waitresses (no idea why- i was chatting to friends),

    Maybe she was jewish.


  • Closed Accounts Posts: 237 ✭✭YDMHSSB


    fair play OP for backing up a woman, well done, very few would have got involved. shame the scumbag had to resort to weapons. if the law in germany sucks that bad, im sure ul meet this lad again sometime and this time, there will be no sticks for him to use.


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  • Closed Accounts Posts: 16,705 ✭✭✭✭Tigger


    Hey all,

    i was in a bar, where a scumbag works as a barkeeper, anyway he starts beating up one of the waitresses (no idea why- i was chatting to friends), so one thing led to another and i gave him a few punches, and we fought on the ground a bit. nobody helped, the guy was very aggressive and loud, and im a big dude so i guess people were a bit intimidated and didnt want to get involved.

    Anyway once were off the floor he grabs a wooden club about the length of a batton, and gives me a few whacks on the head, i was nearly KOd and i lost a good bit of blood. All the while he was shouting at me telling me he was gonna kill me.

    I ran away and that was that, didnt call the police. (Cos im in Germany btw and you only get a fine here for assault,:pac: i know this because my sister is a lawyer)

    Anyway its a good story for telling at parties, cos i can actually say that somebody attempted to kill me. I mean how many people can say that, right? Im not really proud of it, its just so surreal, i have problems coming to terms with it.

    Edit: so back to my question, is this an attempted murder?


    if this is true then fair play for standing up for her

    but only a fine for smacking someone in the head with a batton seems light


  • Registered Users, Registered Users 2 Posts: 2,081 ✭✭✭hunter164


    Anyway its a good story for telling at parties, cos i can actually say that somebody attempted to kill me. I mean how many people can say that, right?

    Have you heard of Biggins?


  • Registered Users, Registered Users 2 Posts: 3,977 ✭✭✭mp3guy


    Varkov wrote: »
    So just because he's German he's automatically a scumbag?

    Racist.

    Thank you Captain-I-Don't-Read-The-Thread-Before-Replying
    i was in a bar, where a scumbag works as a barkeeper,
    Actually, the barkeeper was an "auslander", turkish gent. im german.

    :rolleyes:


  • Registered Users, Registered Users 2 Posts: 9,893 ✭✭✭Canis Lupus


    mp3guy wrote: »
    Thank you Captain-I-Don't-Read-The-Thread-Before-Replying





    :rolleyes:

    First bit was sarcasm was it not?

    Second bit is accurate as a barman who beats up on a waitress is a scumbag.

    I'll go back to work now.


  • Registered Users, Registered Users 2 Posts: 4,893 ✭✭✭Davidius


    walshb wrote: »
    Attempted manslaughter?

    I never heard of that one. It sounds a bit odd doesn't it.

    I attempted to 'manslaughter,' not to murder?

    I don't think that is accurate!

    Sure it is. You attempted to create a certain situation or set up in order to achieve a certain goal. As a side effect, you would also kill somebody. But you wouldn't know that, complete accident.


  • Posts: 0 [Deleted User]


    Davidius wrote: »
    Sure it is. You attempted to create a certain situation or set up in order to achieve a certain goal. As a side effect, you would also kill somebody. But you wouldn't know that, complete accident.

    Your definition is inaccurate but there is such a crime as attempted manslaughter. The most interesting case law on it is in Holland actually, some harrowing facts in the case but some interesting jurisprudence on the issue.

    That said; in this particular instance I doubt it applies.


  • Registered Users, Registered Users 2 Posts: 4,893 ✭✭✭Davidius


    Your definition is inaccurate
    Hey!


    Shut up!


    (:pac:)


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    What the fúck is a 'barkeeper'?


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