geared Posted March 13, 2013 Share Posted March 13, 2013 So given that the police have suggested you drop it because you're likely to get in as much trouble, are you still going to press on with the case? If you loose will you be liable for both sides legal fee's?? Link to comment Share on other sites More sharing options...
LoobyLou1991 Posted March 13, 2013 Share Posted March 13, 2013 If your account is accurate then I wish you the best of luck in any legal action you and your solicitor pursue. I hope you got a case number and the details of the police officer who tried to fob you off, so they can be brought to account for not doing their job and dealing with the assault. Hopefully the thug who attacked you will lose his door licence. Like I said before, try no to get too down about the negatvie posters on here- I'd forgotton just how vindicative people can be when they're hiding behind a keyboard- don't take it to heart. Hope you make a good recovery. Thank you so much for your kind words and best wishes I do have a case number but no details of the officer who came to visit me. I too hope the thug loses his licence. He's attacked me, who might be next? Link to comment Share on other sites More sharing options...
Moosey Posted March 13, 2013 Share Posted March 13, 2013 As long as you are not on legal Aid I think you should go to Court and get what you deserve one way or the other. If you are on Legal Aid you might want to consider what right you have to it use on and what a great Society we live in that grants you that opportunity There's no legal aid for personal injury cases. Posted from Sheffieldforum.co.uk App for Android Link to comment Share on other sites More sharing options...
gym_rat Posted March 13, 2013 Share Posted March 13, 2013 Thank you so much for your kind words and best wishes I do have a case number but no details of the officer who came to visit me. I too hope the thug loses his licence. He's attacked me, who might be next? one - if you had reached the other party you would have - what? attacked her? hope you loose your job too at some point in the near future. two - where exactly were you and the other party stood in relation to the club door Link to comment Share on other sites More sharing options...
Chris_Sleeps Posted March 13, 2013 Share Posted March 13, 2013 hope you loose your job too at some point in the near future. You charmer. Wish her a cancer. Go on. Really get your bile out. Link to comment Share on other sites More sharing options...
monkey104 Posted March 13, 2013 Share Posted March 13, 2013 http://www.cps.gov.uk/legal/s_to_u/self_defence/#Pre-emptive_strikes Have A really good read of this and think about what is written here. All the doorman needs for justification is something along the lines of " I feared that female 1 was going to physically attack female 2. Her body language and comments led me to believe that a physical assault was going to take place. Fearing for the girls safety, the safety of members of the public and colleagues I used a pre emptive strike to stop the attack" Common law allows for a person to use force to defend themselves and others from an assault. He does not have to justify the amount of force used in the strike just as police officers do not have to justify the strength used in the strike of a baton, just the justification in using force. And any subsequent court will question your alcohol intake, the fact that you went forward as the aggressor ( CCTV will show this as well). I think the doorman was in the right. Link to comment Share on other sites More sharing options...
Cyclone Posted March 13, 2013 Share Posted March 13, 2013 All cctv is accessible due to data protection.For a £10 fee you can make a data access request and all data held must be made available to the applicant,even cctv footage. Unless the tape has been lost, or already reused. ---------- Post added 13-03-2013 at 19:05 ---------- What business was it of this 3rd party - the doorman? This argument seems to be along the lines of: Action A was wrong. Action B was wrong. Thus, Action C must be correct. Anyone has the right to intervene to stop an assault, so long as they use no more than reasonable force. ---------- Post added 13-03-2013 at 19:09 ---------- So given that the police have suggested you drop it because you're likely to get in as much trouble, are you still going to press on with the case? If you loose will you be liable for both sides legal fee's?? It's highly unlikely that the OP (or LoobyLou) can take out a private prosecution for what is a criminal offence. Technically it's possible, but it's very uncommon. ---------- Post added 13-03-2013 at 19:10 ---------- You charmer. Wish her a cancer. Go on. Really get your bile out. What exactly was she planning to do then? Give the other girl a kiss? Have a quiet chat over coffee? If the bouncer should loose his job for assault then what's good for the gander, etc... ---------- Post added 13-03-2013 at 19:11 ---------- http://www.cps.gov.uk/legal/s_to_u/self_defence/#Pre-emptive_strikes Have A really good read of this and think about what is written here. All the doorman needs for justification is something along the lines of " I feared that female 1 was going to physically attack female 2. Her body language and comments led me to believe that a physical assault was going to take place. Fearing for the girls safety, the safety of members of the public and colleagues I used a pre emptive strike to stop the attack" Common law allows for a person to use force to defend themselves and others from an assault. He does not have to justify the amount of force used in the strike just as police officers do not have to justify the strength used in the strike of a baton, just the justification in using force. That's not true, they are only entitled to use reasonable force, exactly the same as the police. And any subsequent court will question your alcohol intake, the fact that you went forward as the aggressor ( CCTV will show this as well). I think the doorman was in the right. A court would certainly treat you as an unreliable witness if you admit to being drunk at the time (which already happened). Link to comment Share on other sites More sharing options...
Chris_Sleeps Posted March 13, 2013 Share Posted March 13, 2013 Anyone has the right to intervene to stop an assault, so long as they use no more than reasonable force. So if I saw the bouncer walking towards a woman, I could presume he was going to assault her and use reasonable force against him? What exactly was she planning to do then? I don't know. Only LoobyLou knows. Link to comment Share on other sites More sharing options...
mediumfast Posted March 13, 2013 Share Posted March 13, 2013 Hi all, This thread was started on my behalf. I am the victim of this assault. As assumed throughout the replies I am a male, when in actual fact I'm a 22 year old female. The details in the OP are the facts of what happened that evening. Since the assault I have reported the incident to the police and had a visit the following day. All the policeman seemed interested in doing was putting me off making a statement saying I could myself be prosecuted if it went to court. He left leaving me with no option but not to pursue it. The following day I had an operation to repair (not fix) my broken shoulder. I have 2 young boys to care for so have had to draft in family members to help me through this difficult period. A solicitor is now on the case. My daughter was 20yrs old when her and some friends went down to the music Factory one Friday night about 1 am we were awoken by a commotion to find our daughter downstairs with her friends,in tears and with a rapidly swelling eye.It transpired that she had been punched in the face by a guy who was with the doormen in view of them,her friends and other witnesses.Inpanic they came home in a taxi and immediatley called the Police who said they would respond and if in agreement return to see if thug was still there.We waited and of course they didn,t come,we rang them again the day after and they said they would take her and her friends down that night to see if he was there again they didn,t show.The following Sunday I took her down to West Bar to give a statement which they had no interest in taking and in fact blamed her for going there and said it happens every week and to pursue would be pointless in fact and it pains me to say this but when she mentioned the guys skin colour the officer began to imply she was a racist which is far from the truth.The lesson I learnt is when things like this happen your wasting your time with the Police and you have to deal with it yourself sadly. Link to comment Share on other sites More sharing options...
monkey104 Posted March 13, 2013 Share Posted March 13, 2013 The problem is alcohol. When this is thrown in to the mix, no witness is reliable. At the end of the day, and I am not defending anyone, it is the word of a(usually) sober doorman who has to confront violence from drunks on a daily basis against that of someone who is in drink and shown violence to another. Link to comment Share on other sites More sharing options...
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