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one for the pf legal bods section 18

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Old 22-10-2010 | 10:19 PM
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right on the 7th (thursday) i was over my mates minding my own bussiness having a cup of tea

at about 11 oclock the door went and her mate came in (who i never met before)

anyway her freind seemed preatty stressed out and went into the kitchen i just stayed put in the lounge and continued watching the film that i was watching

i could here her phone going off every few seconds but didnt think anything off it

anyway i heard her shouting on the phone to who turned out to be her ex i heard my name mentiond. When she came back into the lounge i asked why she said my name, she replied that she had split with her ex who had been beating her about a bit and that she is currently living in a hostel and that he asked who was at my mates house so she told him i was there and he accused her of sleeping with me bear in mind i only met the girl 20 mins before and tbh shes really not my type, anyway her phone keeps going off so she turned it off,

at about 12 she went outside to get something from her car to find him walking down the street outside its a caldesac and its 12 miles away from his house

they had a bit of a row in the street and she came back in and he drove off

at about half 12 he comes back but this time he parks his van outside the house and starts screaming and shouting and banging the front door
which in turn awakes her 3 kids as they are asleep in the front bedroom

neither of the girls answered the door seen as he has hit his ex before
anyway i just choose to ignore it untill he starts screaming my name at the front of the house, i decide enough is enough and go outside to tell him to clear off

i went outside and approched him and told him to go as hes waking the kids up and to sort it out tomorrow he screams in my face telling me to fuck off at this point i tell him to fuck off he then says what am i gonna do and as i see him raise his hand i headbutted him and knocked him out on the grass

i turned around and walked back into the house

both the girls saw this from the window

after about 2 mins he gets up and starts screaming again saying now ur fucked im calling the police,

i sat on the sofa and tried to calm down and awaited the police

police came and asked what happened told them exactly what youve read above including the part about the headbutt

police guy was really nice and said not to worry about it and that hes been a dick and that it wouldnt go any further and told him to go away or he would arrest him for breaching the peace

so that was what i fought was the end of it

anyway yesterday the police phoned me to go to the police station this evening to be arrested and interviewd as he is pressing charges because he has a broken ankle (didnt seem to have a broken ankle that night as he was still walking around when the police were there and then drove home)

i called my solicter today and she phoned the police to cancel me going there this evening at 10 to be arrested as she said custordy would be busy on a friday night and that i would more than likly be in the cells for hours

my soliciter arranged an appoinment for next week for us both to go over and for me to be arrested and interviewd she asked what that charge is and they are saying its section 18 with intent

as they believe that i went outside with intent to hit him ( so much for the police saying it wouldnt be going any further)

what worrys me the most is that i told the police the truth that i headbutted him on the night

and now the girl is back with him and is not willing to be a witness

soo all in all its been a bit of a shit day

got no previous but really dont know what to expect

any advice is appreciated

regards

chris
Old 22-10-2010 | 10:26 PM
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I thought my life was bad cos ive got to watch the x factor tomorrow night lol
Old 22-10-2010 | 10:27 PM
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iirc its worse that you butted him or used to be, then just giving him a slap. But what did your brief say?
Old 22-10-2010 | 10:30 PM
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Originally Posted by mrjenrst
iirc its worse that you butted him or used to be, then just giving him a slap. But what did your brief say?
havent even met her yet used her becaise she got my mate out of a bit of trouble only had a quick chat with her on the phone and she said she would contact the police to arrange a time and get back to me on monday so now ive got a weekend of wonderng whats going to happen
Old 22-10-2010 | 10:36 PM
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i got off with a caution for similar in the past (about 5 year ago) but ive heard since then headbutting is really frowned upon these days so i couldnt say what will happen to be honest
good luck tho mate
Old 22-10-2010 | 10:39 PM
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i understand about headbutting being frowned upon but he was that close to my face i could have told u if he had tonsills and it seemed the easiest thing to do

dont know weather to deny headbutting him and saying i hit him because i cant remember if police wrote it all down on the night
Old 22-10-2010 | 10:46 PM
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Originally Posted by 12_Second_rst
havent even met her yet used her becaise she got my mate out of a bit of trouble only had a quick chat with her on the phone and she said she would contact the police to arrange a time and get back to me on monday so now ive got a weekend of wonderng whats going to happen
Dont stress it mate, play on the fact he was kicking off and there were kids in the house all that bollocks. Cant see you getting anymore then a fine at most maybe just a caution.

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Old 22-10-2010 | 10:47 PM
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you used appropriate and reasonable force to defend yourself because you thought he was raising a weapon. didn't you.
Old 22-10-2010 | 10:49 PM
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Originally Posted by cjwood555
you used appropriate and reasonable force to defend yourself because you thought he was raising a weapon. didn't you.
problem is the butt mate, a reaction is to punch or slap.
Old 22-10-2010 | 10:50 PM
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Originally Posted by 12_Second_rst
right on the 7th (thursday) i was over my mates minding my own bussiness having a cup of tea

at about 11 oclock the door went and her mate came in (who i never met before)

anyway her freind seemed preatty stressed out and went into the kitchen i just stayed put in the lounge and continued watching the film that i was watching

i could here her phone going off every few seconds but didnt think anything off it

anyway i heard her shouting on the phone to who turned out to be her ex i heard my name mentiond. When she came back into the lounge i asked why she said my name, she replied that she had split with her ex who had been beating her about a bit and that she is currently living in a hostel and that he asked who was at my mates house so she told him i was there and he accused her of sleeping with me bear in mind i only met the girl 20 mins before and tbh shes really not my type, anyway her phone keeps going off so she turned it off,


what worrys me the most is that i told the police the truth that i headbutted him on the night

and now the girl is back with him and is not willing to be a witness

soo all in all its been a bit of a shit day

got no previous but really dont know what to expect

any advice is appreciated

regards

chris

seems that you've been used as some sort of jealousy ploy by the girl imo to get a reaction from said boyfriend! seen it many a times over the yrs ie boyfriend/girlfriend gets a bit ott 3rd party gets involved then before you know it THEIR BOTH TELLING YOU TO FCUK OFF(some people must get off on it)!! sad as it may seem but in this day and age I say fcuk them let them get on with it!

Hopefully your brief can get charge dropped and you may get away with a caution!
Old 22-10-2010 | 10:59 PM
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can someone explain why headbutting is seen as worse as worse than punching someone? Genuinely don't know
Old 22-10-2010 | 11:04 PM
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Originally Posted by DarylC
can someone explain why headbutting is seen as worse as worse than punching someone? Genuinely don't know
A reaction is to punch somebody, you have to do a lot more to butt someone so it's seen as you've actually planned it so to speak and not a heat of the moment thing, if that makes sense?
Old 22-10-2010 | 11:05 PM
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The section 18 wont stand as even if you did butt him as far as you knew he was going to hit you and you acted in self defence also if he has got a broken ankle that would mean under a sec 18 you ment to go out and cause that injury witch you didnt so the worst is a sec 20 witch means it was an accident...
The only way this could stick is if him and the stupid bird gave evidence to say you jumped on his leg or something..
If it does stick and you go to court just call the bird as a witness as if theyre going to lie it will soon show through...
If i was you id say he grabbed you and pulled you towards him so you butted him and he fell to the floor??end of..

cheers danny
Old 22-10-2010 | 11:08 PM
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Originally Posted by mrjenrst
A reaction is to punch somebody, you have to do a lot more to butt someone so it's seen as you've actually planned it so to speak and not a heat of the moment thing, if that makes sense?
Imo it doesnt make sense,you act on impulse..a head butt or punch is no worse..
Now if you went outside with the intent to hurt with a weapon thats a different story..
Who would go outside and think i no what il get close enough to head butt him???


cheers danny
Old 22-10-2010 | 11:14 PM
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also he wrote this on facebook as a reply to his mate asking what he did to his ankle

ive printed this off dont know weather to show it to the police

crackd my ankle this clever cunt thort he was big man tryd 2 put the butt on me so.just stod there took it.no prob.just went over bit on the ankle gutd never mind.i o him 2 broken legs nw silly boy al fun games boys haha
Old 22-10-2010 | 11:21 PM
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Originally Posted by mrjenrst
A reaction is to punch somebody, you have to do a lot more to butt someone so it's seen as you've actually planned it so to speak and not a heat of the moment thing, if that makes sense?
Oh I see, bit of a stupid rule but I see where it comes from.

Originally Posted by 12_Second_rst
crackd my ankle this clever cunt thort he was big man tryd 2 put the butt on me so.just stod there took it.no prob.just went over bit on the ankle gutd never mind.i o him 2 broken legs nw silly boy al fun games boys haha
Old 22-10-2010 | 11:21 PM
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Originally Posted by 12_Second_rst
also he wrote this on facebook as a reply to his mate asking what he did to his ankle

ive printed this off dont know weather to show it to the police

crackd my ankle this clever cunt thort he was big man tryd 2 put the butt on me so.just stod there took it.no prob.just went over bit on the ankle gutd never mind.i o him 2 broken legs nw silly boy al fun games boys haha
Common assault then mate
Old 22-10-2010 | 11:26 PM
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Originally Posted by Danny @ Enhanced Performance
Imo it doesnt make sense,you act on impulse..a head butt or punch is no worse..
Now if you went outside with the intent to hurt with a weapon thats a different story..
Who would go outside and think i no what il get close enough to head butt him???


cheers danny
mate it's how the law see's it. If your intending to punch somebody or butt them there's no real difference in the majority of cases. But in his case he couldnt get away with it as it's easyer and more natural to push them or punch them if he felt threatened. Takes more to butt someone then punch them thats how they see it.
Old 22-10-2010 | 11:28 PM
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Originally Posted by mrjenrst
Common assault then mate
I expect if any charge was to stick it would be abh but in the circumstances it should result in just a fine etc..
With a bit of luck and with the evidence you have id say it should be dropped..


cheers danny
Old 22-10-2010 | 11:34 PM
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Originally Posted by Danny @ Enhanced Performance
I expect if any charge was to stick it would be abh but in the circumstances it should result in just a fine etc..
With a bit of luck and with the evidence you have id say it should be dropped..


cheers danny
Not if he said he'd threatened him but yeah with that printout cant see it going any further.
Old 22-10-2010 | 11:43 PM
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Problem you have is you admitted you head butted him.

In future you never admit you hit anyone as the police will try and get you for it.

Your brief will get more info so you can get more of whats happened, claim self defence. Your gut instinct was to butt as you were refrained with your hands down etc.
Old 22-10-2010 | 11:50 PM
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Originally Posted by 12_Second_rst
also he wrote this on facebook as a reply to his mate asking what he did to his ankle

ive printed this off dont know weather to show it to the police

crackd my ankle this clever cunt thort he was big man tryd 2 put the butt on me so.just stod there took it.no prob.just went over bit on the ankle gutd never mind.i o him 2 broken legs nw silly boy al fun games boys haha

Deffo tell the busies about that,it shows what a cunt the little Chav is.

Are you sure someone you trust didn't see what happenned?I mean,REALLY sure?it's amazing how these things happen
Old 23-10-2010 | 12:33 AM
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Originally Posted by 12_Second_rst
also he wrote this on facebook as a reply to his mate asking what he did to his ankle

ive printed this off dont know weather to show it to the police

crackd my ankle this clever cunt thort he was big man tryd 2 put the butt on me so.just stod there took it.no prob.just went over bit on the ankle gutd never mind.i o him 2 broken legs nw silly boy al fun games boys haha
this would be better given to your solicitor rather than the police... also a full screen shot of what has been written rather than you just printing it off.as the police would just say well anybody could have written that... but if you have the actual screen shot it's a bit harder to for him to deny it...

Plus I bet a lot of your neighbours would have herd all the shouting and some of them would have seen something or herd..

Last edited by Rides; 23-10-2010 at 12:36 AM.
Old 23-10-2010 | 12:45 AM
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tell them it was self defence. he raised his clentched fist to attack you, and your gut reaction was to head butt him. the case will have to go to the cps first, probably wont even make it to court.
Old 23-10-2010 | 12:53 AM
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i never trust the police but i bet the police did write it down so just keep with what you told them
Old 23-10-2010 | 12:55 AM
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self defence card as already said..

review your story and ensure nothing you say contradicts what you told the police. Your solicitor should be all over that anyway.

trust me, you were scared and felt threatened and thought he was going to fuck you up.
Old 23-10-2010 | 03:30 AM
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if he was that close to you and in your face, you had no choice but to butt him, self defence at that range, say he had your shirt so you couldn't push him away, and the only form of action to try and free yourself from his grip was a headbutt.
Old 23-10-2010 | 05:27 AM
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The points of law are that:
- His behaviour constituted assault by inducing fear of imminent personal harm;
- Your reaction was in self defense;
- It was not pre-meditated;
- It was reasonable-force - he was going to strike you with a part of his body, you did the same.

But the police aren't interested in that so it could go to court anyway, which is the place for this sort of argument. I would consider making a counter complaint of assault. He doesn't sound like a clever chap so it might make him see sense and drop his charge.

Chris
Old 23-10-2010 | 06:28 AM
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the mistake you made was not to call the police as soon as he turned up and started kicking off

but after that you can always say that you thought it would calm down but obviously when the guys banging on your door and scaring the kids you've got to do something about it

once you've been arrested they are going to take prints and dna, so if you've done anything in the past you are going to be fucked
Old 23-10-2010 | 10:16 AM
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A headbutt is never reasonable force as a point of law.
Old 23-10-2010 | 10:22 AM
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next he'll be doing you over for criminal injuries
be aware
Old 23-10-2010 | 10:29 AM
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How does your body weight / mass / height compare to his?

Are you considerably larger, stronger or is he?

Were you standing on the same level as him, i.e not on a step looking down?
Old 23-10-2010 | 11:30 AM
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Originally Posted by timrud
A headbutt is never reasonable force as a point of law.

thats anoying as i have a fucked hand so if ever i punch someone my hand swells up like a cunt and bruies due to having a chipped bone and a few relocated knuckles,,,,,,,, so i tend to headbutt people as it gets them out of my face and makes them rethink if they wanna have a fight or not

see how the law is out to get me pmsl

guess arm lock and dislocate there shoulder is what ill have to do now,,,,, but that will mostly go wrong im guessing
Old 23-10-2010 | 01:58 PM
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This is where the tags were useful, there would be one now called "ginger thug" for definite.
Old 23-10-2010 | 02:10 PM
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you have p.m
Old 23-10-2010 | 04:32 PM
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you could claim he hit your groin,and that caused you to involuntary bend your head forward.accidental contact.
it was just bravado that made you claim you headbutted him.
Old 23-10-2010 | 04:51 PM
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Just say you noticed your shoelace was untied and that you bent down to tie it,as you did so your head may have ever so slightly glanced against his.
Old 23-10-2010 | 05:25 PM
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when you were at the house, was your mate present when she said to you "that she had split with her ex who had been beating her about a bit and that she is currently living in a hostel"
Has she been to the police regarding the assaults, probably not as she will be in denial that he is doing any wrong.

at about 12 she went outside to get something from her car to find him walking down the street outside its a caldesac and its 12 miles away from his house -
do you have any witness' for this. It certainly looks that he has purposley driven 12 miles and just happened to be there when she went out of the house. Could he have been out to harm either you or her.

at about half 12 he comes back but this time he parks his van outside the house and starts screaming and shouting and banging the front door
which in turn awakes her 3 kids as they are asleep in the front bedroom-
this to me seems that he is causing fear and intimidation by returning to the house and doing the above, possible breach of the peace?

Now, you did tell the police that he grabbed you on the front of your shirt, pulling you toward him for him to start yelling in your face. It was at this point that you felt physicaly threatened by his actions, and that as you saw the other hand being raised, this heightened your fear, causing a self defence reaction. As you were in such close proximity to him, you did not have the time to raise your hand to block him, instead your defence reaction was to headbutt him as it was enough to momentarily stun him and let you go, thus return to the house for fear of him producing a weapon.
Old 23-10-2010 | 06:54 PM
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we can all say anything we want,,, its fucking hard to have a magistrate on your side with any sort of violence though even when you are less to blame than the other person

i honestly feel for you mate, reading back it sounds like you are gonna be fucked over for a bird who,,,,,, is also gonna fuck you over and sounds like the only option is to lick your lips or lie with his word against yours and claim you wanted to headbutt but the bloke scared you too much and was worried about being beat up but,,,, thats also wrong im afraid
Old 23-10-2010 | 07:09 PM
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To be fair fella I am willing to bet not a single person on here is a lawyer (or at least the ones actually typing advice, while some are close, I still doubt credentials)

Basically, we only know what you have put up, we dont know if you have a history with the cops, or if they have a history with the cops.

My ex said a whole load of shit about me when I broke up with her to get sympathy, but the cops pretty much worked out it was bollocks.

You have done the right thing by speaking to you solicitor, trust in them to do the right thing, stick to your guns about what happened and keep an eye on that scrotes facebook page, he dont sound too bright and he's probably gonna put more stuff up there to doubt his integrity.

All you can do it trust in your solicitor and stick to the truth, you may be surprised about what they can check to prove your point. For example they can see the number of time he called his mrs and where she/he was by the phone records.


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