Punched in face by stranger in broad daylight - what are my rights

Lost1985 · 24-02-2019 01:38PM #1

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

Fann Linn · 24-02-2019 02:43PM

Lost1985 wrote: »

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

You were assaulted. The gardai say they can't do anything.

Go to GSOC.

BuzzMcdonnell · 24-02-2019 02:44PM

Lost1985 wrote: »

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

I’d say the Gardaí are fobbing you off because they know prosecuting the individual that hit you is a waste of time, and he most likely already has plenty previous convictions.

Lost1985 · 24-02-2019 02:54PM

Fann Linn wrote: »

You were assaulted. The gardai say they can't do anything.

Go to GSOC.

Thank you, I will call them in the morning when their office is open.

Lost1985 · 24-02-2019 02:57PM

aaakev wrote: »

Punch the prick back

I am female and 5 foot nothing. He was significantly bigger than me. Thanks anyway.

hullaballoo · 24-02-2019 02:58PM

Moderator: A reminder that this is the Legal Discussion forum and there is a requirement that the legal issues in hand are discussed rather than throw-away remarks that might be better suited to the pub.

Rubberchikken · 24-02-2019 03:00PM

the gardai dont want to waste their time prosecuting a street person. they know it'll go nowhere and so will accept this type of behaviour from these types of people.

it must have been an awful thing to experience.

Fann Linn · 24-02-2019 03:02PM

Rubberchikken wrote: »

the gardai dont want to waste their time prosecuting a street person. they know it'll go nowhere and so will accept this type of behaviour from these types of people.

it must have been an awful thing to experience.

A crime has been committed. Regardless of resources or perceived outcomes, it should be investigated.

Larbre34 · 24-02-2019 03:04PM

BuzzMcdonnell wrote: »

I’d say the Gardaí are fobbing you off because they know prosecuting the individual that hit you is a waste of time, and he most likely already has plenty previous convictions.

Irrelevant, they must go through the process of prosecuting him no matter what the anticipated outcome.

There's a broken window syndrome of casual common assaults being shrugged at and thus more and more serious random attacks are tacitly tolerated. I heard the story yesterday of organised groups of young scumbags targetting deliveroo drivers and the likes in Dublin. Ordinary citizens should not stand for this sort of stuff.

I for one will not tolerate a woman getting punched in the face in my City and it being shrugged off. To the OP, I hope you weren't too badly hurt and that it wont effect you in the long run and I hope also you won't drop the issue out of fear or frustration.

elperello · 24-02-2019 03:06PM

A Section 2 assault can carry a jail sentence so should be taken seriously by AGS.

crusier · 24-02-2019 03:06PM

There is no power of arrest for a section 2 assault but the Garda should have taken a statement of complaint, identified the culprit and taken details from them. It's the gardai job to get it to court if there is an offence and a complaint. If the courts fail then it's on them.

harr · 24-02-2019 03:11PM

I am very sceptical that the guards would ignore such a serious assault in broad daylight especially when OP claims they know who committed the assault.

Rows Grower · 24-02-2019 03:13PM

Lost1985 wrote: »

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

I'm genuinely disgusted to hear what happened to you and really hope you pursue this matter until the person is charged with assault. It must have been a terrifying experience and no doubt you were chosen as a victim because of your size.

Did any witness's come to your assistance and if so did they give you any contact details?

Don't let it knock your confidence whatever you do.

elperello · 24-02-2019 03:13PM

"Usually an assault is reported by the victim or someone on behalf of them. Call your local Garda station or in the event of an emergency dial 999/112. Gardaí will then meet the victim and take a statement as soon as possible."

Above is from Garda.ie website.

https://www.garda.ie/en/Crime/Assaults/How-should-I-report-an-assault-to-Gardai-.html

FishOnABike · 24-02-2019 03:19PM

If an official statement was not made I'd suggest going back to the station and making a formal written and signed statement. If there's no official record of a complaint nothing will get done. If there's some paperwork at least it will have to go up the chain of command and a decision made on whether to prosecute.

kravmaga · 24-02-2019 03:23PM

Lost1985 wrote: »

Hi,

I was on a busy street in Dublin yesterday around 11.30am and out of nowhere I was punched in the face by a homeless man walking past drinking beer.

I went to the garda building at end of the same street to report the incident. Even though the gardai knew where the man was (very near on same street), they were reluctant to do anything further and said that as it was a section 2 assault they were unable to do anything further.

What can be done in instances like this.

Thanks in advance

Why didn't you defend yourself against this guy or hold onto him and ring 999, ??? Self defence is legal form of protection here.

Make a complaint about the Garda in question, station attached, collar number, Pulse Incident number . Here is the link for the Online GSOC complaint form.

https://www.gardaombudsman.ie/make-a-complaint/submit-a-complaint/

SCOOP 64 · 24-02-2019 03:24PM

so if the op took the punch was knock out hit her head against kerb causing death, section 2 assault?
maybe wait till then to prosecute.
(edited didn't realise the op was a women seems even worst now.)

Mike9832 · 24-02-2019 03:26PM

harr wrote: »

I am very sceptical that the guards would ignore such a serious assault in broad daylight especially when OP claims they know who committed the assault.

You don't have much experience with them then

Why anyone growing up would want to be a guard I dont know

Collection agency is all they are

Fann Linn · 24-02-2019 03:29PM

kravmaga wrote: »

Why didn't you defend yourself against this guy or hold onto him and ring 999, ??? Self defence is legal form of protection here.

She said earlier she's 5ft. I suppose that might have something to do with it.

Lost1985 · 24-02-2019 03:31PM

Thank you all for your advice and comments below. I don't want to say anything further at this stage as I do want to make a compliant. But will post an update on this thread. I will recover thanks, just face feeling very soar and swollen. I am shocked by the guards handling of the situation, perhaps it my fault for not being more insistent. I did offer to accompany the guards to where the man was, but they didn't want to put me through any more stress. Also I seen the man who punched me right after I left the garda building as he was on a side street off the street where garda building is. I also live very near the location. There was a witness, and the gardai took their details and I unfortunately didn't take them and dont think I thanked him properly for all his help. He was very kind. They also came to the garda building and gave the location of the man and said he was still there. They did not taken any further details from the witness other than his name and number.

Thank you all.

goat2 · 24-02-2019 03:33PM

Make sure you take pictures of face,

kravmaga · 24-02-2019 03:38PM

Fann Linn wrote: »

She said earlier she's 5ft. I suppose that might have something to do with it.

Op did not state she was a female in her opening post, thanks for clarifying though

aaakev · 24-02-2019 03:48PM

Lost1985 wrote: »

aaakev wrote: »

Punch the prick back

I am female and 5 foot nothing. He was significantly bigger than me. Thanks anyway.

Sorry I assumed you were a man, bad form on the gards part not doing anything about it.

jam_mac_jam · 24-02-2019 04:43PM

Why should you have to punch him back or react with violence.

You have laws in the country for a reason. Is it too much to expect that if you are punched in the face that legal action Is taken?

CIARAN_BOYLE · 24-02-2019 04:43PM

I will always remember being hit by a car (luckily with no major injuries bruises only)

I was 30 meters from a garda station and there was security cameras around

the garda response

there was no evidence you were hit by a car.

Spanish Eyes · 24-02-2019 04:52PM

Should be the same for man or woman, but I accept that sometimes a woman can come off badly with assaults.

Sorry to hear this OP, and hope you are OK. Please pursue it if you feel up to it.

I have no other advice, as I am not a lawyer etc.

SimonTemplar · 24-02-2019 05:10PM

I was randomly punched in the chest a few years back when walking on O'Connell in broad daylight. Didn't report it but probably would have done had I been hit in the face.

Very sorry to hear of your experience OP. A friend of mine, who is also a 5 foot nothing female, was randomly kicked in the leg on O'Connell St about two years ago. Horrible that such things happen.

Samuel T. Cogley · 24-02-2019 05:19PM

kravmaga wrote: »

Why didn't you defend yourself against this guy or hold onto him and ring 999, ??? Self defence is legal form of protection here.

Make a complaint about the Garda in question, station attached, collar number, Pulse Incident number . Here is the link for the Online GSOC complaint form.

https://www.gardaombudsman.ie/make-a-complaint/submit-a-complaint/

Interesting. My line of thought would be S(2) is not an arrestable offence so under what theory would you detain someone?

In addition if the assault is over, is it self defense punching him back?

Genuine questions open to the floor, as it were, I'm only quoting the post for clarity.

Mantis Toboggan · 24-02-2019 05:30PM

Tough one to take op, probably best to put it down as bad luck and move on. The gardai are probably busy with serious crime and there's no real proof, it's your word against the homeless guy.

Samuel T. Cogley · 24-02-2019 05:33PM

Mantis Toboggan wrote: »

Tough one to take op, probably best to put it down as bad luck and move on. The gardai are probably busy with serious crime and there's no real proof, it's your word against the homeless guy.

There's absolutely no reason why one word against another can't result in a successful prosecution. There is probably myriad CCTV available anyway. This sort of thing can have a serious effect on people and should be taken seriously by the guards, if for no other reason that the guy is probably mentally ill and who knows if it's going to be more serious or not next time.

doolox · 24-02-2019 05:35PM

I recall a punch-up in my home town years ago when a man with an unusually thin skull was knocked to the ground in retaliation for an attack on another man.

The attacked man was tried for manslaughter when the initial attacker died from injuries received when his head struck the footpath. Medical examination post mortem revealed the thin skull and his vulnerability to suffer serious injury or death where ordinary people would have survived.

The man who retaliated was deemed to have overreacted to the initial assault and received a custodial sentence for his overreaction.

I have seen many bad tempered men, and some women, get into trouble over fights and overreaction to assaults.

The victim in this case did exactly the right thing at the right time by not retaliating and this course of action leaves her in a stronger position if she should chose to press matters further. The inaction of the police in this matter is appalling but not surprising.

I am coming of an age when I no longer venture into the city centre on my own at any time because it is getting harder to hide my advancing years and my increasing vulnerability from these thugs.

Punched in face by stranger in broad daylight - what are my rights

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