In a pub last week, one lad attacked another and elbowed me in the process, giving me a black eye. The police took statements and the lad was to be charged with assaulting the other lad. However, he has been cautioned. I am left with a very bruised face and eye - can I prosecute even though he didn't really mean to hurt me? If so, how do I go about it?
2007-05-04 19:54:58 · 21 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Yes I know he didnt hurt me on purpose - but he was attacking somebody! Why should he get away with it?
2007-05-04 20:21:40 · update #1
next time your off to the booza drop me a line an i'll come with ya
2007-05-04 20:04:43 · answer #1 · answered by Anonymous · 0⤊ 3⤋
As others have said, it's transferred malice so you could make an official complaint. It might not get you very far though. As the guy has already been given a caution, that would suggest that he had no previous convictions so I doubt he would get anything more for an assault on 1 person more (you) than the one he's already been cautioned for assaulting.
You can only try if you really want to.
2007-05-05 18:13:36 · answer #2 · answered by Ian UK 6 · 0⤊ 0⤋
The criminal investigation has been completed and decisions have been made. Realistically that's the end of that side of the case.
You have the option of suing him through the civil courts but you have to decide 1) Do you have the evidence (you can request it from the Police to sue in civil court) 2) Civil courts are about financial settlements, does he have money to pay you 3) Your injury is relatively minor, you are unlikely to get much of a payout even if you win, is it worth the stress of a court case?
If you choose to go ahead simply go to the civil court and explain what you want to do. They will give you verbal advice as to the procedure and give you the correct forms to complete.
Personally I would put it down to experience. It's a lot of hassle for a bruise.
2007-05-05 03:09:12 · answer #3 · answered by Captain Sarcasm 5 · 2⤊ 0⤋
as defined by the offences against the person act, an assault can be by intention, or that a persons action are reckless to cause an injury against a person.
You can go and make an official compaint of assault. however dont be suprised if its not continued to court by the cPS as he is unlikely to get another penalty from the same incident, even if there are two victims.
And if it does go to court, are you prepared to go to court in 6-12 months and give evidence in front of the defendant and three magistrates.
honestly i personally think if it had been me id take it as life's little things and move on.
2007-05-05 08:42:43 · answer #4 · answered by the mofo 4 · 1⤊ 0⤋
Have you ever heard the term 'accidents happen'?...if it had been a child throwing a toy across a room and the toy hit you in the face, would you look to prosecute?
Accept the fact that you were caught up in an incident and that these things happen.
Or is this a compensation issue?...Are you looking to line your pockets?
2007-05-06 04:59:37 · answer #5 · answered by lippz 4 · 0⤊ 0⤋
You can go and see the magistrates clerk and lay a complaint for common assault or go to the police and tell them you wish to make a complaint of assault occasioning actual bodily harm.It makes no difference if he didn't mean to harm you as he was attacking someone else that is known in law as transferred malice.
2007-05-05 10:39:13 · answer #6 · answered by frankturk50 6 · 0⤊ 0⤋
Hi Fluffy pie,
In the UK.
Yes, you can, it is called transfer of malice. The lad is as liable for your injury as he is for the person he attacked. He can be charged with assault on you as well.
Contact the officer dealing with the case and insist on pressing charges.
Hope this helps.
2007-05-05 06:20:16 · answer #7 · answered by LYN W 5 · 2⤊ 0⤋
You have a case but we live in very sue happy society, how much do you feel you have coming?
We should compensate someone if we cause any hram, but we live in a time where people don't want to step up and take responsibility for their actions.
See a doctor ro make sure it is just a black eye, thought the same but I had a detached retina, now I can tell if I am getting a cold as my eye will hurt a day in advance, its kinda cool in a wierd way, my own health prognasticator.
2007-05-05 03:00:31 · answer #8 · answered by Jack L. W. 3 · 0⤊ 4⤋
take pictures immediately of the damage to your face...and then u go down to your local police station and file a police report...since u probably dont know the name of the individual that struck u...you can let them know about the fight at the pub and if they are farmiliar with it and they should go from there into picking their suspect in the case with u.
2007-05-05 03:05:30 · answer #9 · answered by charlie_keyz 2 · 0⤊ 1⤋
You can speak to the DA and ask them to continue the case but it is up to the DA if charges will be pressed, and if some plea agreement will be reached..
2007-05-05 17:10:13 · answer #10 · answered by Anonymous · 0⤊ 0⤋
At common law he is liable for the tort of battery. You can certainly sue him if you so choose. Do keep in mind that, as someone else said, if you do bring suit against him, your fees may be higher than the judgement.
2007-05-05 06:23:07 · answer #11 · answered by Anonymous · 0⤊ 1⤋