Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

●●I Was Assaulted and Kicked, But Witnesses Say I Was Only Pushed?

Options
  • 02-11-2013 4:16pm
    #1
    jamesflynn21
    Banned (with Prison Access) Posts: 21 ✭


    I was attacked out of nowhere and got a black eye by this guy and kicked 2-3 times on the ground by him.
    ●He's saying he pushed me but that was it...
    ●He has 3 friends "Witnesses" saying all he did was push me.

    ●I have pictures of the damage which have been given to the police and I have a witness to verify that I left the house with a black eye.

    ●Do you think he will get away with this?
    Please be honest - Thanks in advice.
    Tagged:


Comments

  • Options
    #2
    billy few mates
    Registered Users Posts: 6,920 ✭✭✭billy few mates


    If he's admitting he "pushed" you he's effectively admitting he assaulted you and caused the injuries you mention. He will have to convince the courts that these inuries were caused by a simple push rather than a kicking....


  • Options
    #3
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    jamesflynn21 wrote: »
    I was attacked out of nowhere and got a black eye by this guy and kicked 2-3 times on the ground by him.
    ●He's saying he pushed me but that was it...
    ●He has 3 friends "Witnesses" saying all he did was push me.

    ●I have pictures of the damage which have been given to the police and I have a witness to verify that I left the house with a black eye.

    ●Do you think he will get away with this?
    Please be honest - Thanks in advice.

    Which ever way it happened it is in either case a section 3 assault, if he says he pushed you and you have shown a injury then its section 3 causing harm. Even admitting he pushed you with no more evidence is section 2 simple assault.

    If the injury caused serious harm then it is section 4 causing serious harm. He has admitted a crime your injury decides how serious it is.


  • Options
    #4
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    A proper medical report on your injuries should undermine any notion of a simple push.

    The "witnesses" should be kept out of the court and called individually to give evidence. That will prevent witness 2 and 3 from hearing what the witness before them said in the witness box.
    Evidence that someone saw you with a black eye is not much good. Get a medical report.


  • Options
    #5
    Zambia
    Closed Accounts Posts: 7,333 ✭✭✭Zambia


    jamesflynn21 wrote: »
    I was attacked out of nowhere and got a black eye by this guy and kicked 2-3 times on the ground by him.
    ●He's saying he pushed me but that was it...
    ●He has 3 friends "Witnesses" saying all he did was push me.

    ●I have pictures of the damage which have been given to the police and I have a witness to verify that I left the house with a black eye.

    ●Do you think he will get away with this?
    Please be honest - Thanks in advice.

    What do the garda say ?


  • Options
    #6
    jamesflynn21
    Banned (with Prison Access) Posts: 21 ✭jamesflynn21


    I've got a proper written up medical report :)


  • Advertisement
  • Options
    #7
    jamesflynn21
    Banned (with Prison Access) Posts: 21 ✭jamesflynn21


    They said it will more than likely go to court.


  • Options
    #8
    billy few mates
    Registered Users Posts: 6,920 ✭✭✭billy few mates


    So there's a good chance your assailant will end up with a conviction for assault and his friends with a conviction for perjuring themselves.
    A 'win win' if you ask me....


  • Options
    #9
    jamesflynn21
    Banned (with Prison Access) Posts: 21 ✭jamesflynn21


    The guy has fled back to Poland what can I do? He might come back What are my options? What does the law say on this? Thanks for your help.


  • Options
    #10
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,726 Admin ✭✭✭✭✭hullaballoo


    I'm repeating my warning from your other thread. This is very close to legal advice, which is prohibited by the charter. I do not know what sort of help we can give you here other than to say you should speak to a solicitor.


  • Options
    #11
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Perhaps you can get him on a European arrest warrant and a Polish judge can make a decision on their assault laws that every law student has to learn just like the one that happened here.


  • Advertisement
  • Options
    #12
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    Wouldn't the normal thing be for the Gardai to carry on the prosecution and sentence in absentia and if he were to re-enter Ireland he'd have the sentence imposed?.


Advertisement