Cobbo Posted 28 February 2005 Share Posted 28 February 2005 Chill Winston! Pleeeaaasseee Link to comment Share on other sites More sharing options...
Katy Posted 28 February 2005 Share Posted 28 February 2005 Chill Winston!Pleeeaaasseee 72307[/snapback] OI!!!!!!!!!!!!!!!! Cobmeister! Chill Winston is MY phrase and you cant just go nicking it 'willy nilly!' even if it is aimed at Ryan! Link to comment Share on other sites More sharing options...
Cat Burger Posted 28 February 2005 Share Posted 28 February 2005 Sorry Sam... doubt we will be drinking in the loaded dawwwwwg again... The police are coming round my house later apparently Just for me to complain though. Link to comment Share on other sites More sharing options...
Cobbo Posted 28 February 2005 Author Share Posted 28 February 2005 Sorry Sam... doubt we will be drinking in the loaded dawwwwwg again...The police are coming round my house later apparently Just for me to complain though. 72343[/snapback] Blooming heck, tell them that they were absolutely useless last night. Wankers. Link to comment Share on other sites More sharing options...
Ash Posted 28 February 2005 Share Posted 28 February 2005 What happened ? Link to comment Share on other sites More sharing options...
Wellman Posted 28 February 2005 Share Posted 28 February 2005 What happened ? 72429[/snapback] I'm interested! Link to comment Share on other sites More sharing options...
Cat Burger Posted 28 February 2005 Share Posted 28 February 2005 I accidentally spilled a pint and got thrown down the stairs by the bouncers for it, so did Sam and also Wayne (fosse city player) who consequently got his wrist broken. It all kicked off and the police came and defended the bouncers blindly so we went home and I rang the police. They are meant to be coming round to interview me but haven't... I have loads of bruises and Sam has hurt his shoulder The bouncers didn't have identification cards which clearly SHOULD be visible. Link to comment Share on other sites More sharing options...
SilverFox Posted 28 February 2005 Share Posted 28 February 2005 I accidentally spilled a pint and got thrown down the stairs by the bouncers for it, so did Sam and also Wayne (fosse city player) who consequently got his wrist broken. It all kicked off and the police came and defended the bouncers blindly so we went home and I rang the police. They are meant to be coming round to interview me but haven't... I have loads of bruises and Sam has hurt his shoulderThe bouncers didn't have identification cards which clearly SHOULD be visible. 72590[/snapback] That really doesn't sound very good at all, and from the facts as you have put them those bouncers could face some serious charges IF you can prove that what you have written here is what has happened. If the bouncers were doing their job properly then you have no action at all against them. However, if they went beyond force that is reasonable, which it seems that they have, they have committed a criminal offence. This will depend on the circumstances and what actually occured. Did the bouncer intentionally throw you down the stairs? or was it an accident? If they/he intentionally threw you and your friends down the stairs then they could be in breach of s.18 & s.20 offences Offences against the person Act 1861 s. 18 is Wounding or causing GBH with intent (GBH is classed as 'serious bodily harm', broken limbs are classed by the law as serious bodily harm...so your friend who suffered a broken arm matches the crime). For this you would have to prove they intended GBH...not easy. The offence is more likely to be a s.20 one (Wounding or inflicting GBH), with this all you have to prove is that there was GBH (i.e. the broken arm) and that the bouncer intended it, or was reckless as to ABH(some bodily harm)(R v. Savage, R v. Paramenter [1992] A.C. 714-thats the case just in case you fancy looking it up). On the facts it looks like the bouncer was definately reckless as he threw you down the stairs...also an act that is not 'reasonable force', even if you had been causing trouble! As for you and Sam, who have injuries, briuses etc. This looks like a s. 47 offence offences against the person act 1861, Assault occassioning Actual Bodily harm. This is physical assault and ABH (some bodily harm - any hurt or injury likely to interfere with health or comfort). This is a strict liability offence so you would probably not even have to prove intention...that the harm occured is enough proof. On that basis if the bouncer is guilty of a s.47 offence he is also prima facie guilty of common law battery. Sorry if this sounds long winded but I thought you deserved a breakdown of where you stood within the law. The crux of the issue was whether the bouncers act was beyond 'reasonable force'. If it was they are guilty of the above, if not you will have difficulty. Equally if you weren't doing anything wrong then they are guilty of the above. Proving it is a different matter. Thats all the advice I'm giving so if you want any more you'll have to write a big fat cheque Link to comment Share on other sites More sharing options...
Tomassi Posted 28 February 2005 Share Posted 28 February 2005 I accidentally spilled a pint and got thrown down the stairs by the bouncers for it, so did Sam and also Wayne (fosse city player) who consequently got his wrist broken. It all kicked off and the police came and defended the bouncers blindly so we went home and I rang the police. They are meant to be coming round to interview me but haven't... I have loads of bruises and Sam has hurt his shoulderThe bouncers didn't have identification cards which clearly SHOULD be visible. 72590[/snapback] That really doesn't sound very good at all, and from the facts as you have put them those bouncers could face some serious charges IF you can prove that what you have written here is what has happened. If the bouncers were doing their job properly then you have no action at all against them. However, if they went beyond force that is reasonable, which it seems that they have, they have committed a criminal offence. This will depend on the circumstances and what actually occured. Did the bouncer intentionally throw you down the stairs? or was it an accident? If they/he intentionally threw you and your friends down the stairs then they could be in breach of s.18 & s.20 offences Offences against the person Act 1861 s. 18 is Wounding or causing GBH with intent (GBH is classed as 'serious bodily harm', broken limbs are classed by the law as serious bodily harm...so your friend who suffered a broken arm matches the crime). For this you would have to prove they intended GBH...not easy. The offence is more likely to be a s.20 one (Wounding or inflicting GBH), with this all you have to prove is that there was GBH (i.e. the broken arm) and that the bouncer intended it, or was reckless as to ABH(some bodily harm)(R v. Savage, R v. Paramenter [1992] A.C. 714-thats the case just in case you fancy looking it up). On the facts it looks like the bouncer was definately reckless as he threw you down the stairs...also an act that is not 'reasonable force', even if you had been causing trouble! As for you and Sam, who have injuries, briuses etc. This looks like a s. 47 offence offences against the person act 1861, Assault occassioning Actual Bodily harm. This is physical assault and ABH (some bodily harm - any hurt or injury likely to interfere with health or comfort). This is a strict liability offence so you would probably not even have to prove intention...that the harm occured is enough proof. On that basis if the bouncer is guilty of a s.47 offence he is also prima facie guilty of common law battery. Sorry if this sounds long winded but I thought you deserved a breakdown of where you stood within the law. The crux of the issue was whether the bouncers act was beyond 'reasonable force'. If it was they are guilty of the above, if not you will have difficulty. Equally if you weren't doing anything wrong then they are guilty of the above. Proving it is a different matter. Thats all the advice I'm giving so if you want any more you'll have to write a big fat cheque 72672[/snapback] all good advice there.. plus hopefully theres witnesses to help out Link to comment Share on other sites More sharing options...
SilverFox Posted 28 February 2005 Share Posted 28 February 2005 Chandler is going to love this post isn't he...Its not ambulance chasing. If there is a crime there deserves to be a punishment! Link to comment Share on other sites More sharing options...
Cat Burger Posted 1 March 2005 Share Posted 1 March 2005 Thanks very much for your help, I will print it and show it to Wayne. I don't have time at present to be embroiled in a legal dispute, but I think that will contribute massively to Wayne's case. Again thanks, because that must have took you a while to type and you didn't need to. What would I do without Foxes talk and it's members? :thumbsup: Link to comment Share on other sites More sharing options...
Scarby Posted 1 March 2005 Share Posted 1 March 2005 A few years ago while in Zanibar my mate had a bit of an agrument with his misses and walked away as he walked away four bouncers took it upon from selves to believe he was causing trouble and decided to beat the living shite out of the lad for no reason at all apart from the fact of teh agruemnt . The police took photographs of hs injures but nothing came about of it so i would get your hopes up lads. Life really is shite Link to comment Share on other sites More sharing options...
Guest Posted 1 March 2005 Share Posted 1 March 2005 I'd still go through the motions, as bouncers think they can get away with this kind of shit, purely because nobody ever reports them and takes action against them. Link to comment Share on other sites More sharing options...
Cobbo Posted 1 March 2005 Author Share Posted 1 March 2005 I was just thinking, don't all pubs have to have cctv nowadays? Link to comment Share on other sites More sharing options...
Katy Posted 1 March 2005 Share Posted 1 March 2005 I was just thinking, don't all pubs have to have cctv nowadays? 72725[/snapback] They should have Sam but people have ways of making things like that 'disappear' accidently on purpose if you know what I mean! Link to comment Share on other sites More sharing options...
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