What would you do!!!!!!!!!!!!1

[nirvana]

Gotta say I'd like to think I'd have the courage to intervene but until your there you never quite know. Did see a lad get a brick hurled at him at Leamington Spa one evening, fair clonked him on the head. A couple of his girlfriends were standing over his prostrate body wailing while a large ish gang of youths stood in the nearby park from where they'd thrown it.

Just approaching the situation at some pace, in the spirit I used to approach a fight in progress in a bar was enough to have the gang move on. Got me a lot of brownie points with my girl and a serious telling off too so I kinda identify with where your family are coming from smithy.

Brings to mind the case of my brother -exact details not needed but suffice to say one of our younger cousins - a girl - rang him to say a chap had caused her some problems (quite serious), he in a Sonny from the Godfather manner, was round there in fairly short order to dish out something of a pasting.

Upshot was attempted murder charge, downgraded eventually to a bodily harm conviction and 6 months inside. The guy he battered was very much 'known' to the police but no let off due to that.

It's a very unjust world in many ways - I would never advocate violence as a solution but man you gotta understand how these things happen.

Gotta say I'm getting reactionary in my dotage and the American model where a home invader can be met with any kind of brutality and you won't be charged is very attractive to me.

Anyway, good luck smithy, hope the matter all goes away

[Div]

I think the police are pretty much duty bound to put you under suspicion initially, but based on your description of events I can't imagine you'll need Rumpole Of The Bailey to ensure justice is done.

Three swift punches seems perfectly proportionate against someone who has rammed a car, then whacked you on the head with a spanner.

It would be a different matter if you had decked him then continued to pummel him when you were no longer threatened.

Good luck!

[dan]

i had an "incident" happen a couple of hours ago, not as bad as smithy's but i got involved too.

i was driving over to my dad's for tea about 6pm with my wife and kids when i noticed something in front of me, there was a lad in the gutter on the side of the road with another lad on him. the lad that was on the floor was with his girlfriend and she was screeming for somebody to stop and help them.

As it happens there were 2 lads giving this lad a bit of a going over nothing too serious but enough to upset this girl. I could see this happening about 100 yards away and there must of been about 8 cars in each direction go past and not stop.

I pulled the car over and got out, now like smithy I'm a big lad. Fortunately, my stopping and getting out the car was enough for these other lads to stop, but they had nicked his mobile phone,  got into a vehicle and left.

As it turns out these 2 lads knew the lad they were giving a hiding too. The lad and his girlfriend were grateful i stopped and helped them out, the police were called and took my name and address incase they need a statement.

I will wait and see what comes of this, hopefully nothing as i could do without giving statements and going to court as a witness.

I stopped the car without thinking too much and got out it wasn't until i got back in and drove off did i think what could've happened. The 2 lads could've had a pop at me and battered me. If they did pop me and i battered them i would be in the same boat as smithy.

Should i have stopped in the 1st place? i had my wife and 2 young kids in the car, i certainly wouldn't want them to see me hitting someone or getting hit myself. I think most people would say yes i should stop and that i did the right thing. I felt pleased that i stopped and stopped this lad getting a pasting. I also think that smithy did the right thing also.
Smithy posted his problem as what do i do now?? giving you time to think about the answer. He then posted now this happened what now?? again you had time to think, but how long did he have to think about what happens if this happens what happens if that happens, he did what he did in the heat of the moment.

Good luck smithy i hope all works out OK for you.

[Royal Flush]

Gotta say I'm getting reactionary in my dotage and the American model where a home invader can be met with any kind of brutality and you won't be charged is very attractive to me.

So when i am in Florida you are saying call before i knock?

[thetank]

Shouldn't this be on the "Hand Analysis" board?

Good post, great joke.

You should go pro

[BrumBilly]

Booder, my post wasn't about being 'hard'.

I would intervene but that's not because I'm Rambo. It's about how I see 'justice.

My intention was to point out that some people are for whatever reason going to confront the aggresor (even when they know they're outgunned as I've done - despite feeling VERY afraid).

Whether it's down to nature or nurture people react to these situations in different ways. I have friends who've left me to get BADLY injured but I don't think any less of them as friends because I think they're wired that way. The problem arises when the law presumes to treat us all the same and when people who do react as Smithy did are seen as the problem by wider society.

[FlyingPig]

Do NOT apologise.

This can be taken as an admission of guilt.

His actions are in no doubt to any prosecution. An apology is a no way an admission of guilt of any kind. An apology is simply an apology for your actions wether the action was right or wrong. We apologise for doint the right thing when someone is hurt and the law may of been broke.

IE. The action was deemed neccesary to defend his/herself but in coming about the action another person was hurt with intent.

[Wardonkey]

Do NOT apologise.

This can be taken as an admission of guilt.

His actions are in no doubt to any prosecution. An apology is a no way an admission of guilt of any kind. An apology is simply an apology for your actions wether the action was right or wrong. We apologise for doint the right thing when someone is hurt and the law may of been broke.

IE. The action was deemed neccesary to defend his/herself but in coming about the action another person was hurt with intent.

Rubbish....

[Graham C]

I can't say I'd have done the same.  I might have approached the lady and made sure she was ok and tried to calm the situation down but other than that I'd just have called the police.  If it's in a garage, surely there are others about, people that work there must have seen things happen and surely one of them called the police - you can't miss a van running into the back of a car.

Trouble these days is that the law can easily defend people that are initially in the wrong if you do something outside the law - it's down to you all of a sudden and whilst your intentions are in good faith, it can so easily go horribly wrong.  I'm not one for getting into fights myself and would always try talking the situation down.  Also, you don't know what you are getting involved in.  Like Matt said, what happens if he pulls a knife out, or worse?

Saying that, you had good intentions Smithy, and I hope things work out for you.

[BrumBilly]

my comment that the woman was 'low' if she didn't make a statement was due to her role in the situation.

Her conduct has in part led to the this series of events and is a totally different kettle of fish to being asked to make a statement about an offense you've witnessed that you had no part in bringing about.

That's why I say I'd have no respect for her if she didn't make a statement to do the right thing by the person who was the only one lookingsis out for the child she had in the back of the car.

[FlyingPig]

Do NOT apologise.

This can be taken as an admission of guilt.

His actions are in no doubt to any prosecution. An apology is a no way an admission of guilt of any kind. An apology is simply an apology for your actions wether the action was right or wrong. We apologise for doint the right thing when someone is hurt and the law may of been broke.

IE. The action was deemed neccesary to defend his/herself but in coming about the action another person was hurt with intent.

Rubbish....

The word in your comment is 'can', this does not mean they will. I have seen many cases that apologies go far more in favour than against. This is to the point were its about 90 - 10 in favour of going for rather than against.

Anyway your friendly and inexpensive solicitor will put you on the right track after looking at all the information,

But from me well done, the law is an ass. I would like someone to do that for any female member of my family with a baby in the car.

[smithy69]

Cheers guys for all your views and comments.

In my opinion the only option was to get involved as my exact thoughts were''if that was my partner and daughter'' . If the same situation was happening to them and I wasn't there I would hope someone would help them.

Obviously it was all very spur of the moment stuff, and I am sorry in a way for his injuries but as I said to my missus 'what would you do if someone had hit you with a metal spanner''. She being a woman said ''Cry'' which kinda made me laugh but I just think it was a situation that if it hadn't been changed, could have been very very serious.

The garage staff were of very little help to be honest and at the time didn't want to get involved. There were 2 guys in bright yellow tops who I assumed worked for the Petrol Station on the forecourt when I pulled in, so in all fairness they must have seen things developing but didn't help in any way.

I was arrested at the scene but was taken to hospital to get my forehead stitched up - now I am not having a go at the police as I think they have a tough job - but does it really take 2 cars and 4 officers to come with me!!!!!!!!!!!!!!!!!!!!! Now that is a joke

My missus kinda understands why I got involved, but obviously her main priorities are Lottie(my daughter) and Chocolate(sorry mean me) so was more concerned for my long term health than someone else's. I have always thought about others before my own safety, but do agree it only takes a quick flash of a blade for my daughter to be fatherless.

O/T - The only person who really stood up for me was my Great Aunty who I loved dearly and who I treated like my Grandmother- my real Nan died when I was young so she kinda took over that role.She had been ill for a while and although she had lost the use of her body properly, her mind was as sharp as it always was. When everyone was telling me off for getting involved, I went and saw her in Saffron Walden as she was in a hospice as she was very ill. I had to explain what happened as the cut on my forehead stands out like a sore thumb. I told her what had happened and what do you think she did!!!

She gave me a tenner and told me to get a good lawyer lolol - but also that she was proud of me as nowadays no one gets involved and I could have saved 2 lives!!!

I had a phone call on Saturday evening at 8pm to let me know she had passed away at 6.45pm.

Now I am a 6ft4'' Rugby player so think of myself as a man's man  - but I am not afraid to say I blubbered my little heart out.

Her funeral is a week today and I am dreading it.

[charmaine]

So sorry to hear about your Great Aunty Smithey 

[Graham C]

Sorry to hear about your loss.   Funerals are never nice but a good way to say goodbye to loved ones and remember them.

[londonpokergirl]

Sounds like your great aunty was a good woman . Sorry to hear of your loss