self defense

emmetjordan

ok so lets say i knew someone who was messaged by a drug dealer on facebook who tried to sell this person ecstasy, and the person essentially told the dealer to f**k off due to personal experiences with the drug and the dealer then threatened to assault this person, which a few days later this person was assaulted by the dealer and 3 of his thugs, and if the person being assaulted were to have on their possession a home made pair of aluminium knuckle dusters that they carried on the day in question out of fear for their own personal safety, and the person used the dusters in the assault to protect themselves from being gang beaten, and the person recieved minor bruising and cuts to the left side of the face while defending themself from the dealer, could the person who carried the duster be charged for assault or any other form of criminal act, even though the person has no previous criminal record, came from a respectable family and is a law abiding citizen?
id like this to be cleared up as the person in question is now in severe psychological terror in the aftermath of the assault and is very worried about the charges being pressed upon him instead of the dirt bags who assaulted him, feel free to discuss,
thanks!

Pro Hoc Vice

emmetjordan wrote: »

ok so lets say i knew someone who was messaged by a drug dealer on facebook who tried to sell this person ecstasy, and the person essentially told the dealer to f**k off due to personal experiences with the drug and the dealer then threatened to assault this person, which a few days later this person was assaulted by the dealer and 3 of his thugs, and if the person being assaulted were to have on their possession a home made pair of aluminium knuckle dusters that they carried on the day in question out of fear for their own personal safety, and the person used the dusters in the assault to protect themselves from being gang beaten, and the person recieved minor bruising and cuts to the left side of the face while defending themself from the dealer, could the person who carried the duster be charged for assault or any other form of criminal act, even though the person has no previous criminal record, came from a respectable family and is a law abiding citizen?
id like this to be cleared up as the person in question is now in severe psychological terror in the aftermath of the assault and is very worried about the charges being pressed upon him instead of the dirt bags who assaulted him, feel free to discuss,
thanks!

So on the one hand it is admitted the person took in the past an illegal drug so by definition broke the law, the person associates with drug dealers and the person carries a knuckle duster. Now look at the following statement "even though the person has no previous criminal record, came from a respectable family and is a law abiding citizen? " we know at least two the those statements are wrong.

Also despite being attacked by 4 people he suffered "and the person recieved minor bruising and cuts to the left side of the face while defending themself from the dealer"

Some story!

brian_t

Drug dealing criminals and their gangs have contempt for the police and the justice system.

I cannot see them going to the police to complain that one propective client was able to take on himself and his three thug mates.

NUTLEY BOY

Answering this as a theoretical as legal advice not allowed here.

The thugs are open to a number of charges the basic one being assault.

On the information briefed the injuries of "Knuckles" are not severe so it would probably be tried on a summary basis i.e. District Court.

Knuckles is open to at least two charges namely assault and possession of an offensive weapon.

On the assault charge Knuckles can plead self-defence. This entitles him to exert as much force as is reasonably necessary to defend himself. If the degree of force used goes well beyond that boundary it might constitute assault.

However, degree is not measured like a mathematical equation e.g. 12 punches from the assailant confers a free entitlement of 12 punches in reply. It is almost a qualitative judgment in terms of establishing what acts were required to effect a self-defence. A shade of slightly excessive force would not be likely to tell against the defending victim.

Knuckles really should not worry about charges unless he is actually charged.

As brian_t says a complaint from the thugs is unlikely.

In relation to the knuckle duster the only incriminating evidence might come from Knuckles himself and so the right to silence and to not self-incriminate come to mind.

emmetjordan

to be perfectly honest your assumptions here are just plain arrogant, the person i know was spiked with ecstasy and was left in a terrible condition afterwards, the person does not associate with drug dealers, im not sure if you live under a rock or not but drug dealers will go to any measures to sell their products, this includes messaging every joe soap in their friend list on social media in attempt to push their drugs, the person only recieved minor bruising and cuts to the left side of the face because of the use of the knuckled duster which kept the assailants at bay, the brunt of the force was only exerted by one, the other 3 kicked at the persons legs and only threw light punches, however being aware of these people in the area i live in i have witnessed first hand the brutality of them, i have seen then stab, beat and abuse people for no good reasons, as if there would ever be a good reason for those things.

Pat Mustard

Mod note:

Please keep it civil or this thread will be closed.

MarkAnthony

OP a great phrase I picked up here: It's better to be judged by twelve than carried by six.

I think your 'friend's terror' at the authorities is misplaced, I really wouldn't be losing any sleep over it.

emmetjordan

thanks you, this is a little bit of stress of my friends chest, hes incredibly anxious to find out whats going to happen here so input and opinions are greatly appreciated

Little CuChulainn

Possession of knuckle dusters is an offence. It doesn't really matter why you had them. It's a serious enough offence too. Producing a weapon in a fight is also pretty serious. Although in this case I'd be wondering who made the complaint to gardaí.

tayto lover

I'd have hit them back with all my capital letters, commas and full-stops.
That would put manners on them.

Help!!!!

I don't think your friend has anything to worry about with the police but might want to watch there back with the dealer & his mates

MarkAnthony

Also for the sake of argument let's say your mate does end up at the Garda Station (which he wont), resist the temptation to 'get you side of the story across'. Sit down, shut up and speak to no one but the solicitor until the solicitor tells you otherwise.