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What has Jeremy Clarkson done ?

In message , Sam Plusnet writes

A petition only treated as 1 vote in many cases.

Reply to
bert
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In message , fred writes

The bit I read via a link posted here referred to abusive and foul language and didn't mention assault.

Reply to
bert

I don't think anybody's pressing charges, so that's irrelevant.

Reply to
Adrian

Assault is making somebody fear that they will be hit. Actually hitting them is battery. In either case, unless there is serious injury, the charge will be Common Assault.

Reply to
Nightjar

On 13/03/15 16:10, Nightjar Assault is making somebody fear that they will be hit. Actually hitting

May be technically true, but...

If I went down the local nick saying some pisshead had thrown one at me and missed and I want him found and punished, they'd probably put me in a cell for wasting police time...

Not excusing Clarkson, but just saying...

Reply to
Tim Watts

That is the old definition and may still be a dictionary one.

The two are now virtually synonymous where the term of "common assault" can include any unwanted contact.

Reply to
Fredxxx

How does that work in the case that, had we come home earlier in the evening a week or so ago and caught the scroats who burgled us that evening actually in the act, they had made to attack us and I biffed one over the head with a 2 by 4?

Bearing in mind that I've not biffed anyone since I was about 14, and never using anything other than my fists.

Reply to
Tim Streater

Maybe they are not pressing charges because no offence was committed despite your ongoing assertions to the contrary.

Reply to
bert

Thank you Colin.

Reply to
bert

Let's assume that Common assault isn't on the cards for some reason...

Drunk and disorderly? Check. Threatening behaviour (or similar s4 Public Order offence)? Check.

Unless, of course, you're suggesting that the whole "fracas" just never happened...?

Reply to
Adrian

I have to agree with that. I use Daddys and it is a pale shadow of its former self.

Reply to
Capitol

It is what the current CPS guidelines say.

Reply to
Nightjar

If you were in fear of attack, but the attack did not actually happen because of your defence, they would still be guilty of assault. Whether you would also be guilty of an offence would depend upon whether your defence was a proportionate response to the perceived threat.

Reply to
Nightjar

ISTM that their merely being present (and obviously in the midst of a burglary) ought to constitute a threat.

And for me to make a "proportionate" response appears to involve stopping to work out how tough a skull is, how good my arms are, and whether to use a handy table lamp or ask them to wait while I pop out to the log store and choose a suitable bit of wood with the right heft and balance. Doesn't make sense.

Reply to
Tim Streater

Not pressing charges is irrelevant, the CPS decide if there is a case that can be prosecuted. The only influence the victim can have is to say the assault didn't happen and that can get them done if there is other evidence.

Reply to
dennis

Just being present does not, by itself, constitute a threat. Advancing towards you with a lethal weapon in hand is more obviously a serious threat.

Indeed, it wouldn't. The law does not expect you to judge whether you are applying exactly the right level of force in the heat of a fight. However, if you hit someone with a bit of 2x4, it had better be something you picked up to defend yourself because it was to hand when you surprised the burglar and were attacked. If you took it into the house with you because you suspected the presence of a burglar, instead of just phoning the Police and staying outside, you could find yourself in trouble.

Reply to
Nightjar

It's much easier to hold a piece of 2 x 2.

Reply to
Capitol

SO were the police called to deal with this allegedly drunk and disorderly person

At the moment it's pure hearsay. When some evidence emerges I will make a judgement whereas you have already decided. If I ever come up in court I sure as hell hope you are not on the jury

Reply to
bert

I'll go on the evidence available, thanks, bearing in mind the burden of proof required.

And, right now, from where I'm sat, the required burden of proof has been pretty bloody overwhelmingly met.

Reply to
Adrian

Does the hotel have CCTV?

Reply to
F Murtz

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