My fence posts and panels removed.

Bendy_House

DanDare999 said:

Bendy_House said:

If he gets anything as much as a written warning or a caution, a civil action should be very straight-forward. 

Either would be the police saying 'he dun it', and must behave.

A civil case, in any event, requires a far smaller level of evidence - 'the balance of probabilities' as opposed to 'beyond reasonable doubt'.

Watertight, as near as.

Or what do you reckon?

He won't, now it's gone to CPS unless he has admitted the offence, it's charge or no further action. No further action isn't watertight. 

As near as.

Seriously, based on what we have been told, what are the chances of the OP having a successful civil action claim for this assault, regardless of what the CPS finally decides? "The police consider there to be enough evidence to charge. It has been sent to the CPS for them to decide whether it goes to court."

If the police are presumably working on having achieved 'beyond reasonable doubt', what are the realistic chances of the OP making a successful claim for damages based on the mere 'balance of probabilities'? For a serious assault, carried out with a deliberate and unjustifiable shove?

If not 'watertight', just how close to it, do you reckon?

I have to ask, DD, not only based on some of your comments here but on other threads too, what are you trying to achieve? 'Balance'?!

Bendy_House

If I may make one more suggestion to Janbeno - do not accept this person's apology or contrition as anything but a sham.

He may be obliged to demonstrate regret for his actions, but it's extremely unlikely he actually feels 'bad' about what he did. Almost certainly, in his mind, it's all very unfair on him. It all spiralled 'cos he was provoked. That's what will be inside his head - almost certainly. So what he might say - ultimately an 'apology' - I would consider as entirely false and self-serving.

TOO much has happened. He needs nailing down. What this person 'is' seems very clear. I honestly would not let him off with anything.

And I speak as someone who does truly value sincere apologies, but who has also had to deal with devious narcs.

DanDare999

Bendy_House said:

DanDare999 said:

Bendy_House said:

If he gets anything as much as a written warning or a caution, a civil action should be very straight-forward. 

Either would be the police saying 'he dun it', and must behave.

A civil case, in any event, requires a far smaller level of evidence - 'the balance of probabilities' as opposed to 'beyond reasonable doubt'.

Watertight, as near as.

Or what do you reckon?

He won't, now it's gone to CPS unless he has admitted the offence, it's charge or no further action. No further action isn't watertight. 

As near as.

Seriously, based on what we have been told, what are the chances of the OP having a successful civil action claim for this assault, regardless of what the CPS finally decides? "The police consider there to be enough evidence to charge. It has been sent to the CPS for them to decide whether it goes to court."

If the police are presumably working on having achieved 'beyond reasonable doubt', what are the realistic chances of the OP making a successful claim for damages based on the mere 'balance of probabilities'? For a serious assault, carried out with a deliberate and unjustifiable shove?

If not 'watertight', just how close to it, do you reckon?

I have to ask, DD, not only based on some of your comments here but on other threads too, what are you trying to achieve? 'Balance'?!

It's been sent to CPS for a charging decision, anything ABH or above cannot be decided by the police. ABH may sound serious but by definition it's a visible mark or discomfort. However that is often charged as common assault.

The OP has said the assault occurred, the suspect has said it didn't. There is no other evidence. Often police wrongly send that to CPS for a decision. 

What am am I trying to achieve? Yes balance for the OP, you appear to be telling them what you think they want to hear. Your terms like watertight aren't helpful unless you know the system you are talking about. 

Bendy_House

DanDare999 said:

It's been sent to CPS for a charging decision, anything ABH or above cannot be decided by the police. ABH may sound serious but by definition it's a visible mark or discomfort. However that is often charged as common assault.

The OP has said the assault occurred, the suspect has said it didn't. There is no other evidence. Often police wrongly send that to CPS for a decision. 

What am am I trying to achieve? Yes balance for the OP, you appear to be telling them what you think they want to hear. Your terms like watertight aren't helpful unless you know the system you are talking about. 

Ok. Fair do's.

And you do clearly know a lot more about the 'legalities' than I do.

DanDare999

Bendy_House said:

DanDare999 said:

It's been sent to CPS for a charging decision, anything ABH or above cannot be decided by the police. ABH may sound serious but by definition it's a visible mark or discomfort. However that is often charged as common assault.

The OP has said the assault occurred, the suspect has said it didn't. There is no other evidence. Often police wrongly send that to CPS for a decision. 

What am am I trying to achieve? Yes balance for the OP, you appear to be telling them what you think they want to hear. Your terms like watertight aren't helpful unless you know the system you are talking about. 

Ok. Fair do's.

And you do clearly know a lot more about the 'legalities' than I do.

What you need to consider is if a victim says they were assaulted and the offender says it wasn't them or it never happened. Without any other evidence the police should take no further action. However they wrongly go to CPS, who will bin it straight away. They reason they do this is it's easier to blame CPS when delivering the news to the victim.

They can't prove a case beyond reasonable doubt so with the same evidence you need to ask yourself why it could be proved on the balance of probability. Which person do you believe 51%?

janbeno

DD, just an extra bit of information, my neighbour is telling everyone I fell. He went to the police station on the day it happened whilst I was in A&E to report  'an incident' saying he was sorry it happened. I presume he said I fell.

If I did fall as he says, why not check up on me. He knew i was in the house on my own as hubbys car wasn't there. He or his wife could have checked on me as I had lost consciousness. Isn't  this what any normal person would do if I'd fell? He has our phone number he or his wife could have called. Nothing. But he goes to the police station to report an incident he's 'sorry' for?

The PCI said that they would collate all evidence, statements, medical records, phone calls , and there may be a chance that they wouldn't have enough to proceed. I had been given the option of community resolution but said no. 

I don't think the police would waste the CPS's time with the evidence if they didn't think they had sufficient evidence,they're already busy enough. I had been told they may not have sufficient evidence, but they obviously have. As for the official caution, I believe if they have passed it to CPS and they don't think that they can win the case an official caution can be issued and he has no option in accepting or refusing?

elsien

He can refuse to accept a caution, as it does form part of a criminal record. The police would then need to decide whether to  take it further nor not.

I’d be very wary of accepting a caution without proper legal advice, personally speaking, because it is an admission of guilt and it will have an impact on some future job roles and voluntary work. 

DanDare999

elsien said:

He can refuse to accept a caution, as it does form part of a criminal record. The police would then need to decide whether to  take it further nor not.

I’d be very wary of accepting a caution without proper legal advice, personally speaking, because it is an admission of guilt and it will have an impact on some future job roles and voluntary work. 

Which leaves them nowhere to go if CPS don't authorise a charge. 

At the minute a caution isn't on the table as he hasn't admitted the offence. 

DanDare999

janbeno said:

DD, just an extra bit of information, my neighbour is telling everyone I fell. He went to the police station on the day it happened whilst I was in A&E to report  'an incident' saying he was sorry it happened. I presume he said I fell.

If I did fall as he says, why not check up on me. He knew i was in the house on my own as hubbys car wasn't there. He or his wife could have checked on me as I had lost consciousness. Isn't  this what any normal person would do if I'd fell? He has our phone number he or his wife could have called. Nothing. But he goes to the police station to report an incident he's 'sorry' for?

The PCI said that they would collate all evidence, statements, medical records, phone calls , and there may be a chance that they wouldn't have enough to proceed. I had been given the option of community resolution but said no. 

I don't think the police would waste the CPS's time with the evidence if they didn't think they had sufficient evidence,they're already busy enough. I had been told they may not have sufficient evidence, but they obviously have. As for the official caution, I believe if they have passed it to CPS and they don't think that they can win the case an official caution can be issued and he has no option in accepting or refusing?

What's a PCI?

Medical records and phone calls won't add much to your case unless you were on the phone when he assaulted you and a struggle or verbal account was recorded.

They may have incorrectly gone to CPS for a number of reasons. Ignorance and a sergeant being afraid to make a decision are the most common reasons. 

elsien

DanDare999 said:

elsien said:

He can refuse to accept a caution, as it does form part of a criminal record. The police would then need to decide whether to  take it further nor not.

I’d be very wary of accepting a caution without proper legal advice, personally speaking, because it is an admission of guilt and it will have an impact on some future job roles and voluntary work. 

Which leaves them nowhere to go if CPS don't authorise a charge. 

At the minute a caution isn't on the table as he hasn't admitted the offence. 

I understand that but the OP has clearly been given information about the possibility of a caution by someone, whether that is accurate or not, so just wanted to clarify that even if a caution was a possibility he can say no.