Road Rage

[geckoGT]

Originally Posted by stang65

I think 7ou`ll be right mate especially if he was just kicked out of a pub, was he intoxicated at the very least , this along with the witnesses shows his character.

if it does make it to court and you get a good judge he will put 2 +2 together and get 4.
I have been to a court case where an officer was reprimanded for wasting the judges time because it was so obvious that no crime was committed.

From my understanding the getting kicked out of a pub will not be entered into as it is not directly relevant to the crime and nor is it something that has been proven as fact or necessary.

Disclaimer, I am not a lawyer and nor do I think I am one. I am just looking at it from an experience point of view after my experience in court in both personal matters (the victim, not the bad guy) and in my dealings in like charges as a witness.

[vibe_xr6]

geckoGT- when we both hopped out he kicked my mates car and then started getting in his face abusing him, that is when i pushed him away then he turned on me, i dont think he was drunk, im pretty sure he might have been on speed or ectasy the way he was, if he is that way normally, he should really be in a straight jacket, im not queit sure where to place myself at the current moment ( weather im in the wrong or not ) but these comments are making me feel more comfy, hopefully this crap all unfolds, if not i guess im going to have to get a good lawyer !
anywho's once again thanks all, i will keep yous updated, i guess some of you young ones can take this as a warning ( to weigh out your most possible options before jumping out ) this charge is the last thing i need as i was wiped clean 1 year ago, and i was hoping to put in for my gun licence, hopefully this dimwit drops the ****

[Ben73]

My mate was standing on side of road speaking to someone. Out of no where a guy crosses the street walks up to my mate and king hit him and walked off.

Apparently this guy thought my mate was someone else.
The guy got away with it. And apparently he lives in a drug house with other dropkicks. Law doesn't always work the way it should.

[pottery beige]

may be time to chill and stop posting any more details up until it all blows over dude...

[geckoGT]

Originally Posted by pottery beige

may be time to chill and stop posting any more details up until it all blows over dude...

Very true.

My advice., write down every fine detail you can remember including time, where it was, where you were standing, presence of street lights, location of observers, descriptions of cars, description of events leading to the event including speeds and following distances, content of discussion etc. Every minute detail you can remember. Write it all down now so you can review it later, court may be months down the track and you do not want any confusion on details to come out in court, a lawyer loves it when you seem unsure or confused, they feed off it.

I know what it is like, I am putting a witness statement together for a charge against someone that threatened us on a job and damaged an ambulance. Its not fun, particularly when you have to do it with some frequency.

[mark300]

Originally Posted by vibe_xr6

So saturday night me and a mate were driving in his car and there was some dim wit tailgating us for about 10 minutes all though we were doing the speed limit, pulled up at the traffic lights, sat there waiting for the lights to go green, next minute there was a bloke banging on the window, my mate put his window down and got a punch to the face, we both got out and so on and now im getting charged with assualt causing greviously bodily harm, even though it was a act of self defence i have been told there is no such think as self defence, you are supposed to take a flogging and do nothing.
has anyone else ever heard of this crap ?

taken straight from a law text book

SELF DEFENCE
through this defence, the criminal law empowers individuals to exercise force against their aggressor for the purpose of protecting themselves or others... Individuals should have a basic right to repel an unlawful attack in situations where society cannot provide the protection....

skipping a few paragraphs

the criminal law does, indeed impose certain restrictions on self defensive action in order to accord some recognition of the rights of aggressors. one is thatthe defendant must have honestly as well as reasonably believed in the existence and nature of the percieved attack. another restriction is that the defensive response must have been reasonable... a third restriction is that the fefensive response must have been necessary

[pottery beige]

Originally Posted by geckoGT

Very true.

My advice., write down every fine detail you can remember including time, where it was, where you were standing, presence of street lights, location of observers, descriptions of cars, description of events leading to the event including speeds and following distances, content of discussion etc. Every minute detail you can remember. Write it all down now so you can review it later, court may be months down the track and you do not want any confusion on details to come out in court, a lawyer loves it when you seem unsure or confused, they feed off it.

I know what it is like, I am putting a witness statement together for a charge against someone that threatened us on a job and damaged an ambulance. Its not fun, particularly when you have to do it with some frequency.

damn this new no rep system.... pretend reps for you then gecko....

[Auslandau]

Lets leave it there for now .......