Assaulted guy in nightclub

Damo78

Just looking for some opinions here. Not going to make this too long.Was in a nightclub 2 months ago and had a few words with a guy, (bit of history there, we had a falling out a few years before). He accused me of grabbing him by the neck in the nightclub that night, which I didn't do. Reported me to the bouncers. They had a word with me but didn't throw me out. Me being really pissed being out on the beer all day went over and threw a punch at him pint glass in hand caught him in the face. Didn't do any serious damage, just a small cut. I have never done anything like this before, never in trouble in my life and its a nasty thing to do to anyone. Held my hand up straight away when I did it and took full responsibility for it. Next day I was ashamed of what I did. Rang the guy a few days later and apologised to him but he wanted an apology in person which I did. Said he wouldn't press any charges but I got word yesterday that the guards want to question me. Anyone got any advice on do you think what will happen. Like will I be facing a prison sentence,caution or fine etc. As I said already I was never in trouble before and this is something I never did before. Anyone got any advice, I would really appreciate it

teddyhead

What school did you go to ? Play rugger by any chance ? You might get lucky if you meet the right judge.

refusetolose

you wont go to prison anyway

Damo78

Well it wasn't a posh school I went too and no I never played rugby either. As I said already its something I never done before. It was a moment of madness and most people know me as a quiet lad and what I did was out of character

Damo78

I hope not refusetolose. Just worried at the moment what will happen

OneOfTheseDays

Had similar happen to me a few years ago now. A friend I was out with got into an argument with a guy, things got heated, your man picks up a pint glass and throws it in my face. Very lucky with injuries and scarring.

Anyway my experience was I saw the guards on the night. They brought me to the hospital. Was looked after, went home. Got a call from the guard the next day to confirm details of incident.

Next I heard of it was 4 months later when a friend rang me to ask if it was my case in the local paper from the courts. Details were arseways, apparently I'd been aggressive etc etc. He brought 800 quid with him and the usual stuff about being an upstanding member of society.

I got a cheque for 800, he got the Probation Act as far as I remember. No prison time, no record. Something about intention to travel.

Advice: speak to a solicitor, get your upstanding member of society ducks in a row.

foggy_lad

You glassed some guy you had long term issues with, I would expect a jail term of about 2-3 years for someone doing that.

teddyhead

Damo78 wrote: »

Well it wasn't a posh school I went too and no I never played rugby either. As I said already its something I never done before. It was a moment of madness and most people know me as a quiet lad and what I did was out of character

Fair enough ,I was a bit facetious with that comment.I guess we've all done things we are not proud of. There but for the grace of god etc...

Damo78

Thanks for your advice oneofthesedays. Foggy lad I didn't go out to glass this lad in the face. Unfortunely I had the pint glass in my hand when I threw the punch

Hollister11

If someone did that to me, I'd be looking for them to do time.

To doesn't meant if you have no previous, or it's not In your character.You did it!!! What you did was disgusting.

J Mysterio

Damo78 wrote: »

Thanks for your advice oneofthesedays. Foggy lad I didn't go out to glass this lad in the face. Unfortunely I had the pint glass in my hand when I threw the punch

I dont see how you can do that by accident. No sympathy to be honest. From the sounds of it, you went back after the initial confrontation, which is even worse. Probably allowed yourself to get all riled up and sucker punched him (and with a ****ing pint glass no less).

Damo78

Lads I am not looking for any sympathy. What I did was disgraceful. All I was asking was advice on what do you think will happen.

OneOfTheseDays

Didn't intend to post again, and I'm not familiar with this part of boards but he's clearly shown remorse.

Even though it's a shocking thing to do (esp the glass) but honestly, but for good fortune go you or I. I can't countenance ever doing similar but we've all had the red mist descend. Add drink to the mix and it's all a lottery in such a situation.

Tandey

I would think you may get a suspended sentence. At least the worst you can expect is the book thrown at you and not a feckin glass:eek:

foggy_lad

Damo78 wrote: »

Lads I am not looking for any sympathy. What I did was disgraceful. All I was asking was advice on what do you think will happen.

I imagine the Gardai will want to interview you, you will be advised to seek legal advice, They will ask you to make a statement and will inform you of any statements made by others about the incident. They may Arrest you there and then, they probably will arrest you immediately on suspicion of assault and then charge you after you make your statement or may charge you later after they investigate some more. the file is then sent to the DPP who decides if you are to be tried for the crime.

teddyhead

Damo78 wrote: »

Lads I am not looking for any sympathy. What I did was disgraceful. All I was asking was advice on what do you think will happen.

I guess all you can do is be sincere and apologetic in the courthouse and see how it goes. Get character references if you can and maybe try to make amends with the other chap . Probably a bad move to try to justify the assault in any way, even if you feel it was somehow justified.

Damo78

I apologised to this lad in person, he accepted my apology and said he wouldn't think he would bring it any further. He said he had enough **** going on with the guards. He was on trail a few months ago for assault and drug possession with sentencing due in the next few weeks

Jack Killian

OneOfTheseDays wrote: »

Didn't intend to post again, and I'm not familiar with this part of boards but he's clearly shown remorse.

Even though it's a shocking thing to do (esp the glass) but honestly, but for good fortune go you or I. I can't countenance ever doing similar but we've all had the red mist descend. Add drink to the mix and it's all a lottery in such a situation.

I disagree. A scrap or punch, maybe, but not with a weapon in hand. And being drunk enough to act should not be a mitigating factor - it's your own responsibility not to get that drunk.

If someone did that to me I'd be pressing charges and want to see them do time, plus I'd want compensation.

Too many good nights out are ruined by drunken idiots losing it, and it's time it was taken seriously and they took responsibility.

If you drive and crash, and are found to have had drink, then the crime is seen as being worse; I've no idea why other crimes are viewed as lesser for the same circumstances and choices.

OneOfTheseDays

Jack Killian wrote: »

I disagree. A scrap or punch, maybe, but not with a weapon in hand.

I did acknowledge the use of the weapon. Not defending it. Advice was asked for.

Jack Killian wrote: »

If someone did that to me I'd be pressing charges and want to see them do time, plus I'd want compensation.

Too many good nights out are ruined by drunken idiots losing it, and it's time it was taken seriously and they took responsibility.

Is it not up to the state to "press charges" in a criminal case? Compensation absolutely, medical cost etc stack up.

You may have seen my earlier post about having the experience of such a night out being ruined in a more random assault. Fully agree, some p#£s ants would pick a row in an empty room.

Pro Hoc Vice

refusetolose wrote: »

you wont go to prison anyway

Are you serious for a section 3 (possibly 4) there is a possibility this could be a Circuit Court case and time is a distinct possibility especially with a glass in hand.

Pro Hoc Vice

Damo78 wrote: »

Just looking for some opinions here. Not going to make this too long.Was in a nightclub 2 months ago and had a few words with a guy, (bit of history there, we had a falling out a few years before). He accused me of grabbing him by the neck in the nightclub that night, which I didn't do. Reported me to the bouncers. They had a word with me but didn't throw me out. Me being really pissed being out on the beer all day went over and threw a punch at him pint glass in hand caught him in the face. Didn't do any serious damage, just a small cut. I have never done anything like this before, never in trouble in my life and its a nasty thing to do to anyone. Held my hand up straight away when I did it and took full responsibility for it. Next day I was ashamed of what I did. Rang the guy a few days later and apologised to him but he wanted an apology in person which I did. Said he wouldn't press any charges but I got word yesterday that the guards want to question me. Anyone got any advice on do you think what will happen. Like will I be facing a prison sentence,caution or fine etc. As I said already I was never in trouble before and this is something I never did before. Anyone got any advice, I would really appreciate it

Talk to a solicitor before AGS this could be a very serious matter.

davo10

Pro Hoc Vice wrote: »

Talk to a solicitor before AGS this could be a very serious matter.

A conviction may rule out travel to many places including US and Australia.

Pro Hoc Vice

Damo78 wrote: »

Thanks for your advice oneofthesedays. Foggy lad I didn't go out to glass this lad in the face. Unfortunely I had the pint glass in my hand when I threw the punch

Very few people do set out to commit the crime you did. But it is a serious crime, you need to look at your anger issues and drink.

Pro Hoc Vice

Damo78 wrote: »

Lads I am not looking for any sympathy. What I did was disgraceful. All I was asking was advice on what do you think will happen.

Anything from a strike out under the probation act to 4 years see a solicitor.

Tilikum

A mate of mine hit a lad about 2 yrs ago now. He had history with him. The case is still on going (medical records and all that) I've never seen him
aggressive in my life. His case is actually up again today and they'll be offering more money to you're man. €50,000 - €100,000

He has two cases against him. The state & this guy (something like that)

He's looking at a prison sentence.

Pro Hoc Vice

Tilikum wrote: »

A mate of mine hit a lad about 2 yrs ago now. He had history with him. The case is still on going (medical records and all that) I've never seen him
aggressive in my life. His case is actually up again today and they'll be offering more money to you're man. €50,000 - €100,000

He has two cases against him. The state & this guy (something like that)

He's looking at a prison sentence.

One case I'd a civil case which will result in an award of damages. The second is the criminal case which could result in prison. If the damage is in the 50-100k range then the injury is very serious and he facing time.

Avatar MIA

What doesn't seem plausible is that the hand you used to punch just happened, almost by bad luck, to be holding a glass. It comes across as not being fully honest.

It's not up to the assaulted to press the case, it's now in the hands of the guards.

From what you've said go to a solicitor straight away. It's progressed so far now, it's unlikely to just go away.

Tilikum

Pro Hoc Vice wrote: »

One case I'd a civil case which will result in an award of damages. The second is the criminal case which could result in prison. If the damage is in the 50-100k range then the injury is very serious and he facing time.

Yeah, the chap is saying he has lost the ability to smell and taste. (Which is extremly hard to prove) my friend's family are quite wealthy. The lad is well aware of that and has tried to sue someone else in the past

jcd5971

Damo78 wrote:

I apologised to this lad in person, he accepted my apology and said he wouldn't think he would bring it any further. He said he had enough **** going on with the guards. He was on trail a few months ago for assault and drug possession with sentencing due in the next few weeks

His history does not matter, he reported you to bouncers for grabbing his neck

(you deny it, but then again you would, that's not to say you did but it's in the air)

You then proceed to punch him with a ducking pint glass.

My advice for what it's worth is you'll be charged and eventually end up in front of a judge,
Bad news is you could be looking at time.

Good news is these cases are slow to reach court. You have time to get character references lines up also join local clubs etc to show your an upstanding citizen and all that, this actually works
And lastly and in my mind most importantly start saving money you'll need to compensate him I'd say at least 8 or 9 grand

whippet

sounds very similar to an incident an old mate of mine had .. about 20 years back.

He did hit a fella with a pint glass in retaliation .. I don't really think he meant to use the glass but with drink and rage he did (slicing his own hands in the process). The next morning he went to the guards, explained everything and apologised. 18 months later he was handing over £15k to the injured party for a 2cm scar just below the hair line of the fringe.

I'd like to think it was an isolated incident, regardless of who was to blame that night, but my old mate has been in so many scraps and incidents over the years to suggest it wasn't a one off. Eventually we all just avoided him.

He decided to give up the drink and seek therapy for his anger, but about 10 years too late as he had lost all his mates etc.

BattleCorp

Non legal opinion here but if the other guy is not interested in pressing charges, then I can't see the Gardai taking things further. They wouldn't have much of a case against you without his participation.

That said, a chat with a solicitor is your best bet.

Pro Hoc Vice

BattleCorp wrote: »

Non legal opinion here but if the other guy is not interested in pressing charges, then I can't see the Gardai taking things further. They wouldn't have much of a case against you without his participation.

That said, a chat with a solicitor is your best bet.

For a section 3 assault post section 4 it does not matter what the victim thinks, if AGS have enough evidence they will and do go ahead. In fact in this case the OP has been informed the AGS want to interview him.

BattleCorp

Pro Hoc Vice wrote: »

For a section 3 assault post section 4 it does not matter what the victim thinks, if AGS have enough evidence they will and do go ahead. In fact in this case the OP has been informed the AGS want to interview him.

True, but if the victim doesn't take part in the process, what then?

The OP said that they 'got word' that the Gardai want to speak to him. From whom?

Pro Hoc Vice

BattleCorp wrote: »

True, but if the victim doesn't take part in the process, what then?

He gets a summons if he does not turn up a bench warrant issues. If he has given a statement and if the court is satisfied that he is not willing for certain reasons to give evidence then the statement can be read to the jury. AGS take such assaults very seriously for obvious reasons.

It's very easy for the OP to find out if AGS are in fact looking for a chat.

idnkph

Lads with previous convictions get away with this kind thing all the time.
You are a first time offender. You are remorseful etc.
Knowing our so called "justice" system you'll probably do time.

irish_dave_83

Doesn't matter if the guy doesn't want to press charges or not. I imagine the pub/club notified the Gardaí. They have to investigate it, it depends on what evidence they have(presuming CCTV) will decide if they press charges or not. It may be more than a section 2 assault because you used a weapon and cut him(i'm open to correction here). But the judge will consider the fact that you are a first time offender, therefore the best you can hope for is the probation act and a fine. Might be a good idea to talk to the guy before speak with the Gardaí. Could be useful for your defence.

Pro Hoc Vice

irish_dave_83 wrote: »

Doesn't matter if the guy doesn't want to press charges or not. I imagine the pub/club notified the Gardaí. They have to investigate it, it depends on what evidence they have(presuming CCTV) will decide if they press charges or not. It may be more than a section 2 assault because you used a weapon and cut him(i'm open to correction here). But the judge will consider the fact that you are a first time offender, therefore the best you can hope for is the probation act and a fine. Might be a good idea to talk to the guy before speak with the Gardaí. Could be useful for your defence.

You describe a section 3 not section 2. Section 3 is causing harm a cut is harm.

seamus

BattleCorp wrote: »

True, but if the victim doesn't take part in the process, what then?

They can still proceed with witness statements, CCTV and/or the defendant's own testimony.

A punch is one thing, very easy to become a "he started it" scenario that nobody could be arsed with. Gardai won't bother pursuing a prosecution for a simple punch if the plaintiff isn't willing to push it.

It's the weapon that becomes the issue - then it doesn't matter who started it.

For the OP if you're still looking at the thread - get confirmation that the Gardai are looking to question you, and if so get yourself a solicitor and then you both make an appointment to meet the investigating Garda at the station.

eviltwin

Knock the drinking on the head OP. You could have caused serious injury to this guy. You're very lucky there was no more serious damage.

Sleeper12

You won't go to prison if it's your first offence.

We now have a spent convictions act. For small convictions You don't have to declare the conviction after 7 years. This is handy for car, home insurance & getting into the states.

You were lucky. You could have disfigured him for life. I think we all need to be careful & possibly not get so drunk in future

Pro Hoc Vice

Sleeper12 wrote: »

You won't go to prison if it's your first offence.

We now have a spent convictions act. For small convictions You don't have to declare the conviction after 7 years. This is handy for car, home insurance & getting into the states.

You were lucky. You could have disfigured him for life. I think we all need to be careful & possibly not get so drunk in future

2 incorrect statments in your post, 1 prison is a possibility going on recent court of appeal decisions. 2 the spent conviction act does not protect a person from disclosing a conviction on a visa application.

Sleeper12

Pro Hoc Vice wrote:

2 incorrect statments in your post, 1 prison is a possibility going on recent court of appeal decisions. 2 the spent conviction act does not protect a person from disclosing a conviction on a visa application.

I can't say for sure if you are correct about the visa because it doesn't say anything about it on the website but even if not declared on visa application there's no way to check it out after 7 years as it's a spent conviction.

This isn't a "I'm right & you are wrong" comment. I'm just putting it out there. If I'm wrong I'm happy to be corrected

Pro Hoc Vice

Sleeper12 wrote: »

I can't say for sure if you are correct about the visa because it doesn't say anything about it on the website but even if not declared on visa application there's no way to check it out after 7 years as it's a spent conviction.

This isn't a "I'm right & you are wrong" comment. I'm just putting it out there. If I'm wrong I'm happy to be corrected

Look at section 9 of the Act. The act does not wipe the record it only allows a person to say they have no conviction.

http://www.irishstatutebook.ie/eli/2016/act/4/section/9/enacted/en/html#sec9

What the act does

http://www.irishstatutebook.ie/eli/2016/act/4/section/6/enacted/en/html#sec6

Sleeper12

Pro Hoc Vice wrote:

Look at section 9 of the Act. The act does not wipe the record it only allows a person to say they have no conviction.

I knew it didn't wipe the conviction clean but the link you posted does make it very clear on the visa issue. I stand corrected.

Sam Kade

Damo78 wrote: »

Just looking for some opinions here. Not going to make this too long.Was in a nightclub 2 months ago and had a few words with a guy, (bit of history there, we had a falling out a few years before). He accused me of grabbing him by the neck in the nightclub that night, which I didn't do. Reported me to the bouncers. They had a word with me but didn't throw me out. Me being really pissed being out on the beer all day went over and threw a punch at him pint glass in hand caught him in the face. Didn't do any serious damage, just a small cut. I have never done anything like this before, never in trouble in my life and its a nasty thing to do to anyone. Held my hand up straight away when I did it and took full responsibility for it. Next day I was ashamed of what I did. Rang the guy a few days later and apologised to him but he wanted an apology in person which I did. Said he wouldn't press any charges but I got word yesterday that the guards want to question me. Anyone got any advice on do you think what will happen. Like will I be facing a prison sentence,caution or fine etc. As I said already I was never in trouble before and this is something I never did before. Anyone got any advice, I would really appreciate it

That used to happen often back in the 80's, no such thing as running to the Gardai back then, just get over it and move on is what we did.

5rtytry56

The OP has now closed their account so they cannot follow thread any longer.

Hunchback

You say you went over and punched him with a pint glass in your hand. Sounds more like a glassing than a punch to me. And the fact that you approached him makes it sound intentional

hullaballoo

As already pointed out, the OP has closed his account so there is little use to querying him further in relation to the incident.