warrior8 Posted August 10, 2011 Share Posted August 10, 2011 Non valid? - I'm not sure what you mean. If somebody is attacked and does not see the attacker and didn't see it coming, then the victim has not been assaulted. The victim has been battered and the charge would be 'battery'. If you stand in front of me (where I can see you) and you threaten me and I believe that you intend to strike (and are capable of striking) me then even if you do not do so I can bring a charge of assault against you. If you did strike me, the charge would be 'assault and battery' - you would have battered me as well as assaulted me. If you want to give legal advice on this forum or elsewhere, be very careful. I rarely (if ever) give legal advice. I'm retired, but I don't work for nothing. If you do give legal advice and if somebody acts on that advice and suffers a detriment as a result of acting on that advice then you could be sued. You personally - not the forum. Northern Star told the OP 'this girl has assaulted your mother'. From the information provided in the OP, the girl had NOT assaulted the OP's mother. Battered her, perhaps - but there was no suggestion that an assault had taken place. If you are (or anybody else is) going to give legal advice - get it right. If you don't, then I hope you've got deep pockets. Not necessarily battery. Could be a s.47 assault. Link to comment Share on other sites More sharing options...
kimba Posted August 11, 2011 Share Posted August 11, 2011 Non valid? - I'm not sure what you mean. If somebody is attacked and does not see the attacker and didn't see it coming, then the victim has not been assaulted. The victim has been battered and the charge would be 'battery'. If you stand in front of me (where I can see you) and you threaten me and I believe that you intend to strike (and are capable of striking) me then even if you do not do so I can bring a charge of assault against you. If you did strike me, the charge would be 'assault and battery' - you would have battered me as well as assaulted me. If you want to give legal advice on this forum or elsewhere, be very careful. I rarely (if ever) give legal advice. I'm retired, but I don't work for nothing. If you do give legal advice and if somebody acts on that advice and suffers a detriment as a result of acting on that advice then you could be sued. You personally - not the forum. Northern Star told the OP 'this girl has assaulted your mother'. From the information provided in the OP, the girl had NOT assaulted the OP's mother. Battered her, perhaps - but there was no suggestion that an assault had taken place. If you are (or anybody else is) going to give legal advice - get it right. If you don't, then I hope you've got deep pockets. Now what was the point of this, getting all technical just to look good ??? All they want to knows can they get them done for it, why get hung upon the detail, you must have known what they meant, everyone else seemed to. Link to comment Share on other sites More sharing options...
kimba Posted August 11, 2011 Share Posted August 11, 2011 hi a quick question really, i was out with my mum at the weekend who gt attacked by a drunk girl. the girl pulled a large chunk of my mumd hair out which has resulted in a bald patch! just wondering if the girl could get done on grounds of assault or something else. we really want this girl to get some discipline as thisd has caused a lot of distress to my mum and upset. the girl is a known trouble causer. That's all that they wanted to know Rumpole. Link to comment Share on other sites More sharing options...
redfox Posted August 11, 2011 Share Posted August 11, 2011 It fascinates me on forums that there are those who rather than answer the question drone on about what they think they know of the law. If you have your hair ripped out by another person it is an assault, the fact you may not see the attacker has nothing to do with the nature of the charge - the retired lawyer is thankfully retired ! Of course you should report this to the police Link to comment Share on other sites More sharing options...
Mr Gobby Posted August 11, 2011 Share Posted August 11, 2011 Yes you should report the incident but don't expect anything less than the girl getting a caution if your lucky. Link to comment Share on other sites More sharing options...
the_rudeboy Posted August 11, 2011 Share Posted August 11, 2011 I think someone should be charged with having their head way too far up their own backside. Link to comment Share on other sites More sharing options...
LeMaquis Posted August 11, 2011 Share Posted August 11, 2011 If somebody is attacked and does not see the attacker and didn't see it coming, then the victim has not been assaulted. The victim has been battered and the charge would be 'battery'. If you stand in front of me (where I can see you) and you threaten me and I believe that you intend to strike (and are capable of striking) me then even if you do not do so I can bring a charge of assault against you. Not being funny but I was in a chip shop today and the bloke put the fish into the fryer right in front of himself but the fish were still battered. Link to comment Share on other sites More sharing options...
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