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Question regarding broken shop window

  • 16-01-2012 8:29pm
    #1
    clothes90
    Closed Accounts Posts: 24 ✭


    Hi,

    I am looking for some advice for my friend. On friday night a group of us went to town on a night out. 4 of my friends left early to go home as 1 of them was very drunk, so they tought it best to bring him home.

    On leaving the club, they walked about a mile, when my friend (the drunk one) decided to box a shop window, thinking it was funny and put his fist through the window! :O

    The guards came and arrested the four of them, brought to station and charged them. Long story short, the 4 of them have to appear in court.

    The next day, and guy who punched the window couldnt believe he did this. (Its not his nature at all) and was very remorseful.

    He decided to go to the shop, and speak with the owner. The owner was surprisingly ok with what happened and was saying "Look dont worry about it, i understand it was a drunkin mistake etc etc..." But my friend told him he was paying for it as he was sorry and he would pay in full for it. The owner gave him the receipt and my friend paid in full.

    My friend is wondering now if there is any way that he can get this to go out of court? What could he be looking at if it did go to court? Was it a good idea to go to the owner and pay? The shop owner gave him a receipt for the money.All 4 of them are due in court even though it was one who hit the window (Guards knew due to bloody hand etc)

    Any advice welcomed. Thank you for reading this :)


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    What were they charged with?


  • #3
    clothes90
    Closed Accounts Posts: 24 ✭clothes90


    They were charged with criminal damage act 2 of 1991.


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Talk to the prosecuting Garda. If the fella responsable owns up and takes full responsability there maybe something that can be arranged. I'm a little curious as to why this wasn't settled by way of adult caution.


  • #5
    clothes90
    Closed Accounts Posts: 24 ✭clothes90


    Thanks for answering. I am not sure either. They said it was fairly straight forward and the guards were nice etc. I thought myself that if they paid the bill, then it would be over as the shop owner was ok about it (I thought the shop owner would be the person pressing chrages) But then again, I know nothing about the law so I can't offer advice.

    So you think it would be worth going to the Guarda, and telling them they have paid for the window and they are sorry, and ask them is there any way to get this out of court? None of them have any previous legal problems. But all 4 are getting the blame, which I suppose is fair as they were all together.

    Thanks


  • #6
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    It's definitely an option they should consider. They may want to pool together and consult a solicitor.


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  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,577 ✭✭✭✭Victor


    Paying for the damage alone may be insufficient, they were drunk and a public nuisance - Garda time and effort was also spent. Talk to a local solicitor and see why can be arranged - letter of apology to shop owner + gardaí, alcohol counselling, etc. and hope for the Probation Act.


  • #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Victor wrote: »
    Paying for the damage alone may be insufficient, they were drunk and a public nuisance - Garda time and effort was also spent. Talk to a local solicitor and see why can be arranged - letter of apology to shop owner + gardaí, alcohol counselling, etc. and hope for the Probation Act.

    It's possible that adult cautions could be used if the judge, garda and victim are agreeable


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