ChatterBank4 mins ago
Assualt, ABH or GBH
6 Answers
The Details:
Whilst on the tube two women (mother and daughter, one in early 50's other in late 20's) verbally abused a number of passengers, particularly one homosexual man and his two female friends. They abused him based on his sexual orientation , specifically calling him a 'gay boy' and 'batty boy' they threatened violence against him and his two friends. I and a friend intervened to calm the situation. in once instance the daughter attacted the man, at which point i and a friend interviened, they the mother attacked the woman again we intervened. Between all this time they continued to verbally abuse these three passengers and threaten violence. Lastly as they exited the train they tried to attack one of the female passengers again, i again intervened, at which point the daughter shouted at the woman being attacked saying something to the tune of 'who put there had on my mum'. in defence of the lady i said it was me 'just get of the train'
she the spat in my face and obviously i saw red and threw her to the ground and kicked her once. i then got of the train, the mother and daughter pursued me and tried to attack me with a pole, i threw the daughter to the ground a second time. at which point my friend was now pushing me back trying to calm me down. still the two women pursued me for more violence. I then kicked the mother and punched the daughter.
Opinions on this are very welcome, notice i haven't used words such as self-defence, provocation or preventing crime so as not to influence your initial judgements
Whilst on the tube two women (mother and daughter, one in early 50's other in late 20's) verbally abused a number of passengers, particularly one homosexual man and his two female friends. They abused him based on his sexual orientation , specifically calling him a 'gay boy' and 'batty boy' they threatened violence against him and his two friends. I and a friend intervened to calm the situation. in once instance the daughter attacted the man, at which point i and a friend interviened, they the mother attacked the woman again we intervened. Between all this time they continued to verbally abuse these three passengers and threaten violence. Lastly as they exited the train they tried to attack one of the female passengers again, i again intervened, at which point the daughter shouted at the woman being attacked saying something to the tune of 'who put there had on my mum'. in defence of the lady i said it was me 'just get of the train'
she the spat in my face and obviously i saw red and threw her to the ground and kicked her once. i then got of the train, the mother and daughter pursued me and tried to attack me with a pole, i threw the daughter to the ground a second time. at which point my friend was now pushing me back trying to calm me down. still the two women pursued me for more violence. I then kicked the mother and punched the daughter.
Opinions on this are very welcome, notice i haven't used words such as self-defence, provocation or preventing crime so as not to influence your initial judgements
Answers
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You've provided insufficient information. The decision whether to charge under 'Section 39', 'Section 47' or 'Section 20' is determined by the nature of the injuries sustained, not by the manner in which they were sustained. (You can punch someone once, causing bruising and be charged with 'common assault'. But if your action results in a displaced fracture of their nose you'll be charged with 'ABH'. If you cause a compound fracture of their jaw you'll be charged with 'GBH'). You've made no reference to the level of injuries, so we can't answer your question.
See paragraphs 13 (Common Assault), 46 (ABH) and 55 (GBH) here:
http://www.cps.gov.uk..._the_person/#P92_3540
Chris
See paragraphs 13 (Common Assault), 46 (ABH) and 55 (GBH) here:
http://www.cps.gov.uk..._the_person/#P92_3540
Chris
thanks for this chris.
I have no idea what injuries where sustained unfortunately. what I'm really asking i guess, is would something like this stand up in court? as far as I'm concerned i did my duty as a citizen but will the law take my side?
P.S. excuse my terrible grammar in the original post, i hope you all got the jist what i was saying
I have no idea what injuries where sustained unfortunately. what I'm really asking i guess, is would something like this stand up in court? as far as I'm concerned i did my duty as a citizen but will the law take my side?
P.S. excuse my terrible grammar in the original post, i hope you all got the jist what i was saying
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