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An example of self defense or not ?

  • 24-03-2013 3:19am
    #1
    Colash
    Registered Users, Registered Users 2 Posts: 1,377 ✭✭✭


    A pal of mine was involved in an incident in a night club recently . Some drunk fool grabbed him by the neck an told him he was about to break his face . My pal reacted , and struck this guy hard in the face an damaged his jaw . One strike , totally out of self defense . Now he's been questioned by the law as the drunk fool is pressing assault charges . Surely my mate has a certified case here for self defense ? He even has a witness to back up his self defense claim as the witness was close by when it happened


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Colash wrote: »
    A pal of mine was involved in an incident in a night club recently . Some drunk fool grabbed him by the neck an told him he was about to break his face . My pal reacted , and struck this guy hard in the face an damaged his jaw . One strike , totally out of self defense . Now he's been questioned by the law as the drunk fool is pressing assault charges . Surely my mate has a certified case here for self defense ? He even has a witness to back up his self defense claim as the witness was close by when it happened

    Self defence must be shown to a court.There is no foregone conclusion that a court will neccessarily accept self-defence as a defence.

    It is possible that there may be a problem here. If the Gardai begin to investigate this incident, your friend needs to take legal sdvice.


  • #3
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Tell your friend to get a solicitor, do not speak to AGS with out first speaking to a solicitor.


  • #4
    Colash
    Registered Users, Registered Users 2 Posts: 1,377 ✭✭✭Colash


    ResearchWill wrote: »
    Tell your friend to get a solicitor, do not speak to AGS with out first speaking to a solicitor.

    He has spoke to the Garda already in a voluntary statement .he has pressed a charge against the against the guy for grabbing him first an saying what he said .an he also explained his self defense case .


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Colash wrote: »
    He has spoke to the Garda already in a voluntary statement .he has pressed a charge against the against the guy for grabbing him first an saying what he said .an he also explained his self defense case .

    And everything he said in that statment good and bad can and will be used AGAINST him in court. The usual way this matter is handled is that AGS bring both people to court and let a judge decided.

    I will repeat what I and others say over and over on here. You have the right to remain silent anything you do say may be taken down in writing and used against you in a court."

    Always best to do like dad keep mum. Tell your friend not to be shocked if he receives a summons.


  • #6
    Colash
    Registered Users, Registered Users 2 Posts: 1,377 ✭✭✭Colash


    ResearchWill wrote: »

    And everything he said in that statment good and bad can and will be used AGAINST him in court. The usual way this matter is handled is that AGS bring both people to court and let a judge decided.

    I will repeat what I and others say over and over on here. You have the right to remain silent anything you do say may be taken down in writing and used against you in a court."

    Always best to do like dad keep mum. Tell your friend not to be shocked if he receives a summons.

    The drunk guy also has another assault charge brought against him on the same night by a different chap . I told my pal it will go to court . But I also told him it's not looking good for the drunk idiot either


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