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Quick question..

SkiveSkive Posts: 15,286 Skive's The Limit
in Home, Law & Money
Some of you might know that I got stabbed up recently in a fight after the pub.
I only got involved because my mate was getting a kicking on the ground, and I grabbed the bloke who was kicking him in the head.
We had bit a of scuffle and he stabbed me several times with either a small blade or a broken bottle.

I've just had the old bill come round and take pic of my wounds now the dressings are off, and they let me know that they've arrested 4 people in connection. The problem is that they also let on that one of them (the one that stabbed me) also had to pay a visit to the hospital that night.

Now I admitted in my statement that I hit the bloke a few times, but I didn't realise I'd hurt him as much as I did. I take it from the fact i havn't been arrested that no complaint is being made against me but how will him sustaining injuries affect his prosecution? Will it matter? At the moment the CPS are still deciding waht to do with the case. There are very little witnesses, only statements from those involved.
Weekender Offender 

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    The fact that you haven't been arrested shows how seriously the police are taking the complaint if there ever was one. I'm assuming that from testimony on the evening from witnesses/staff it's clear that your involvement was one of self-defence (i mean you admitted you hit the guy in your statement and still you aren't being prosecuted).

    I wouldn't worry although to be safe contact the officer dealing just to clear your mind.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Sorry to hear about all of that Skiver...

    I am not sure how right I am in this but as a martial artist I know that the term 'reasonable force' is legal. If you were being attacked then my understanding is you were in your right to defend yourself. I very much doubt your attackers injuries were as serious as yours and therefore would have thought it would have been accepted as reasonable force.

    Regarding how this may affect your attackers prosecution, I am not sure, however I personally do not see the consequences of attacking you (i.e. his injuries) as sufficient punishment.

    Sorry I haven't been more help - I really hope everything sorts itself out.
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    SkiveSkive Posts: 15,286 Skive's The Limit
    Cheers.

    I can't say that I was defending myself because I already admitted that I didn't realsise I was being stabbed at the time and didn't for at least 5 minutes afterwards, but I was defending my mate who was being kicked in the head.

    I'm not to worried about any complaints being made against me - I'm pretty sure there won't be any, but it would nice to get this bloke delt with in court.
    Weekender Offender 
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If he was to decide to make a complaint i cant see his argument of 'he hit me a few times so i stabbed him repeatedly' standing up too hot in court, theres just no excuse for it really. Any reasonable person can see that if someone stabs you you're not just going to stand there and let them..
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I think that in that situation a stab wound might not be automatically noticerd staight away. With adrenaline and a sharp weapon, your body probably wouldn't 'let' you feel it straight away -- this doesn't seem to preclude an assertion of self-defence to me.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Skive wrote: »
    Cheers.

    I can't say that I was defending myself because I already admitted that I didn't realsise I was being stabbed at the time and didn't for at least 5 minutes afterwards, but I was defending my mate who was being kicked in the head.

    Self defence in law doesn't just apply to you, it applies to anyone you might be defending, so you stepping in to protect your friend is also classed as defending oneself (although not gramatically).
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    If you are a witness for the prosecution, the defence will get a copy of your previous, and are almost guaranteed to use that against you. It's what I'd have done when I was doing that job. They'll try and paint you out to be a thug, so you definitely need to be prepared for that. The injuries will be used as part of that defence.

    It sounds like you have a strong argument, especially as he clearly went tooled up, and if there are a number of witnesses that will make the case stronger. I'd pursue it as far as you can, the police are taking it seriously, but at the end of the day if the CPS decide there's not enough evidence it will get quietly dropped.

    If the bill haven't nicked you yet then I doubt that they will.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    that sounds a bit nasty. hope your okay skive.
    i'd say if you have any concerns ask the copper dealing with your case. i'd seriously doubt you'd be arrested now 'cos it sounds as if the police have done their job and its now in the hands of the cps whether they want to go ahead with the case or not. so the police aren't going to change and arrest you.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Ouch - I've had a few shanks pulled me on me but luckily always avoided actually getting cut up!

    Glad you're OK mate.
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