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Old 07-23-18, 10:26 AM   #1863
Aktungbby
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Icon12 brit law and the red mist defense

Quote:
Originally Posted by Jimbuna View Post
To be totally honest in the past I've always advised shop staff to wait until the premises have been exited so I'm far from blameless this time. OOPS! an open admission in a public forum
Not about to do that at my age (got the vest and all that).
It was the red mist that decided the outcome because had I been shopping alone I'd have probably ignored said individual or sworn back at him.
Quote:
Assault occasioning Actual Bodily Harm (ABH) – s47 OAPA 1861
False imprisonment is a common law offence involving the unlawful and intentional or reckless detention of the victim. An act of false imprisonment may amount in itself to an assault. If a separate assault accompanies the detention this should be reflected in the particulars of the indictment. The offence is either way, and carries a maximum penalty on indictment of 5 years’ imprisonment and/or a fine.
The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm (ABH). Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent, but must be more than transient and trifling: (R v Donovan 25 Cr. App. Rep. 1). It is an either way offence, which carries a maximum penalty on indictment of five years’ imprisonment and/or a fine.
Psychological harm that involves more than mere emotions such as fear, distress or panic can amount to ABH. In any case where psychiatric injury is relied upon as the basis for an allegation of ABH, and the matter is not admitted by the defence, expert evidence must be called by the prosecution (R v Chan-Fook 99 Cr. App. R. 147, CA). Unless of course the perpetrator makes a legitimate claim to being under the influence of the 'red mist' and is otherwise a respectable citizen when not under the influence of elevated testosterone in defense of chivalry when 'shopping in consortium'; in which case the matter may be reduced to 'mutual combat' by two less than mentally competent antagonists by the magistrate. Features that provide a useful indication of when a charge of ABH may be appropriate are set out above.
This offence is capable of being racially aggravated under the Crime and Disorder Act 1998. Refer to Racist and Religious Hate Crime - Prosecuting Guidance, elsewhere in CPS guidance. Oxygen thieves??
See the Assault Definitive guideline for sentencing guidelines for this offence.
https://www.cps.gov.uk/legal-guidance/offences-against-person-incorporating-charging-standard IMHO Jimbuna's facing 3-5 years(Category three of sentencing guidelines with red mist mitigation) in Bedlam: ( in the red mist ward) and a fine!
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Last edited by Aktungbby; 07-23-18 at 10:36 AM.
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