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Assualt, ABH or GBH

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bobbysocks101 | 13:36 Tue 30th Aug 2011 | Law
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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
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How terrible - and thank goodness there were people like you on the train. However, from a police/legal point of view I have no idea. Do you have any witnesses ? Do you want to report these two females ? Or are you concerned for yourself ? I think you do need witnesses.
I would say self defense. I would have thrw the bigoted Snags on the train track. No less than that type of Sugar deserve.
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there'll be CCTV to back up what i said. Kinda thinking from my own perspective here. Also i'm sure that if the police attended the scene after i left and got statements from any passengers, particularly the guy and two girls they'd back up my story 100%.
I'd give you medal, not charge you
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
Question Author
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

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