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Accused of common assault
22 Answers
I have been accused of common assault, punching someone in the stomach in a haunted house that was pitch black, the peson was an actor part of the haunted house and was dressed all in black and not visible. I did not punch him and what actually happen was I tripped on the obstacles in the room and fell into this person my shoulder hiting him in the stomach. Nothing was said at the time no words the person did not complain or anything like that i carried on through that haunted house and it was not until and an hour and half later that the police turned up and said the person had said i had punched him, I never left the scene.
I have been asked to do a police line up and if he points me out the CPS will decide whether to take it further from there. My question is if its his word against mine in a pitch black room in a haunted house, with no witnesses or cctv cameras will this still go to court? and if so what would happen if it just his word against mine? Thanks
I have been asked to do a police line up and if he points me out the CPS will decide whether to take it further from there. My question is if its his word against mine in a pitch black room in a haunted house, with no witnesses or cctv cameras will this still go to court? and if so what would happen if it just his word against mine? Thanks
Answers
Doubt it would go to court. Waste of time and money.
13:00 Mon 26th Oct 2009
Hey joko, Thanks for your response, its nice to see this from the view point of someone that works in one of these places.
I cant prove I triped, there was not a trip hazard on the floor but the room was full up black rollers type objects which u have to push through the middle of hence making you go through tight narrow corrider, at the end I tripped on my ofet as it was so tight, the exit was slightly raised by a step, the person I stumbled into was above me hence my should was level with his mid body, I could not see him and did not bump into him with any great pace so am confused as to why he believed it was a forceful punch!
It was the first room u go into and too dark to see and my eyes had not adjusted to the darkness, some room were lighter and u can see the sets and some had stobe lights and in those u could see the actors in costume hence them wearing them, plus they follow u around all round the area not just inside the room (though some stay in them).
With the darkness of the room and the black rollers blocking any view and pushing u down a narrow tight path it was not possible to see any one let alone an actors face.
U say the actors are taught how to tell the difference between some one lashing out in fear and a dliberate punch but what is stopping the actor from falsely saying it was dlliberate when it was not? Also why do the companies that run these events not put infra red cameras in the rooms so situations like this can be proven either way to be diliberate or not! I wish they did as this would not have even gone this far!
Thanks for your comments
I cant prove I triped, there was not a trip hazard on the floor but the room was full up black rollers type objects which u have to push through the middle of hence making you go through tight narrow corrider, at the end I tripped on my ofet as it was so tight, the exit was slightly raised by a step, the person I stumbled into was above me hence my should was level with his mid body, I could not see him and did not bump into him with any great pace so am confused as to why he believed it was a forceful punch!
It was the first room u go into and too dark to see and my eyes had not adjusted to the darkness, some room were lighter and u can see the sets and some had stobe lights and in those u could see the actors in costume hence them wearing them, plus they follow u around all round the area not just inside the room (though some stay in them).
With the darkness of the room and the black rollers blocking any view and pushing u down a narrow tight path it was not possible to see any one let alone an actors face.
U say the actors are taught how to tell the difference between some one lashing out in fear and a dliberate punch but what is stopping the actor from falsely saying it was dlliberate when it was not? Also why do the companies that run these events not put infra red cameras in the rooms so situations like this can be proven either way to be diliberate or not! I wish they did as this would not have even gone this far!
Thanks for your comments
Hi Brandon
Any news on the incident? Sorry for not responding sooner mate, Have had a rough time recently with work matters.
A "Caution" is only a police record NOT a criminal record. If you were to receive a caution then it is only disclaimable should you apply for a job which clearly asks "HAVE YOU EVER RECEIVED A POLICE CAUTION" on the application form. I got 1 many years ago, ironically for common assault, also did 30 days in a military detention for being a silly drunken sailor, but niether stopped me from getting a job with the police as a gaoler (custody officer).
There are 2 types of caution now 1- a simple caution which is a slap on the wrist but you have to admit to the offence, 2- Conditional caution which only really applies to accidental/intentional damage to someones property which is of low value, normaly less than than a couple of thousand. Not valid in your case. You will normally find that the police will arrest for the higher offence as this gives them the option to reduce it to a lesser offence, i.e ABH drops to common assault or even attempted murder down to GBH with intent and such like. As for the CPS, if they consider there is no case to answer then thats the end of it as far as the law is concerned. Only then can the complainent consider a civil action, which will cost them consideraly if they lose. In your case i would expect the CPs to drop the charges and would be suprised if they don't.
Hope it all goes well mate
Any news on the incident? Sorry for not responding sooner mate, Have had a rough time recently with work matters.
A "Caution" is only a police record NOT a criminal record. If you were to receive a caution then it is only disclaimable should you apply for a job which clearly asks "HAVE YOU EVER RECEIVED A POLICE CAUTION" on the application form. I got 1 many years ago, ironically for common assault, also did 30 days in a military detention for being a silly drunken sailor, but niether stopped me from getting a job with the police as a gaoler (custody officer).
There are 2 types of caution now 1- a simple caution which is a slap on the wrist but you have to admit to the offence, 2- Conditional caution which only really applies to accidental/intentional damage to someones property which is of low value, normaly less than than a couple of thousand. Not valid in your case. You will normally find that the police will arrest for the higher offence as this gives them the option to reduce it to a lesser offence, i.e ABH drops to common assault or even attempted murder down to GBH with intent and such like. As for the CPS, if they consider there is no case to answer then thats the end of it as far as the law is concerned. Only then can the complainent consider a civil action, which will cost them consideraly if they lose. In your case i would expect the CPs to drop the charges and would be suprised if they don't.
Hope it all goes well mate
