B
Bradyl
Guest
- Jurisdiction
- United Kingdom
Hello,
What I've been told from lawyers were unsatisfactory and I want other lawyer's opinions (anonymously). So these are the events:
My nephew was being bullied and harassed by 3 white boys (skin colour is relevant) aged between 11-13 who were racially abusive. My brother talked to their parents and thought the issue resolved despite obvious racism of the parents. However, I was dissapointed to learn that the bullying was still continuing. Shortly after finding out, I see the 3 boys playing football at the park. I decided to speak to them but they turned aggressive. As I was attempting to engage in civil conversation, one boy tackled me from behind knocking me over which then led primarily to punching and kicking. However, Boy A, who I'm told after was the youngest one put me in two Jiu Jitsu moves. The first I'm told is called the "arm bar" which resulted in elbow dislocation and torn tissue which requires corrective surgery. The second I'm told is called the "head scissors" where the leg is squeezed around the neck which resulted in me being rendered unconscious and sustaining a fractured larynx which I will be immediately correcting in a surgery and with a stent placement to keep the larynx open. I now can barely talk and have respiratory problems including but not limited to severe wheezing when breathing. I had also bit off part of my tongue which will recover naturally. Furthermore, I'm suffering from dizzy spells which I believe are a consequence of the dangerous and unnecessary head scissors manouvre. In self defense, Boy A's tooth was chipped and several insignificant scratches and marks were on 2 of the 3 boys. I had "tapped out" multiple times which were ignored and I now am considering claiming assault and battery in the Youth Courts or attempted murder in the crown courts which I'm being told will not happen. I also wish to seek psychiatric damage in civil courts which I'm also being told to drop. If this is not fulfilled, I want to seek assault and battery or attempted murder in the civil courts.
I'm told that to prosecute a detention order under criminal law in Youth Courts, the child needs to be aged between 12-17 so Boy A who almost killed me will be reprimanded in another way as he is 11. I'm of the opinion that this should be a Crown Court case but so called professionals have the nerve to tell me that it's not serious enough. They're also telling me that the outcome could be a fine of up to £250 and possible detention for the other boys. This is ridiculous seeming as professionals say I could have died.
The boys have admitted to the attack but have changed the version of events considerably. They claim that I was the aggressor and that I was not knocked out despite a CT scan showing a fractured larynx, having part of my tongue bitten off and having dizzy spells. They argue that Boy A did not have the physical capability to cause the fracture due to an age difference of 8 years and him weighing just 5 and a half stone to my 10. They claim that I self inflicted the fracture which is entirely fabricated and an idiotic argument. My nephew tells me that he is on the wrestling team with him and they have learnt moves such as the arm bar and head scissors during training and are fully aware of the dangers of not letting go when the opponent submits. Medical professionals have disclosed privately to me that to knock out an opponent with a head scissor would be very possible for a person of Boy A's stature provided sufficient strength and longevity of the hold. I estimated that the hold lasted an unnecessary 5 to 15 minutes during which I was ridiculed in front of a camera (recording was not found) while my elbow was already fractured. Doctors say that I could have died had the hold been applied for a further 30 seconds or so after unconsciousness which it could possibly have been. This certainly satisfied longevity standards. Boy A acted in a way with no regard for human life and I want to claim in the Crown Courts for either aggravated battery or attempted murder but I keep on getting told that this is a Youth Court case.
Realistically, what can I expect the outcome to be and also what is the best possible outcome? And can I claim in the Crown Courts? It sickens me that I can be ridiculed and almost killed and have the culprit released with a slap on the wrist only because the incident didn't occur 2 months later. The final thing is the question of mental illness, would they be fit to stand trial in the Crown Courts? They seem to have some kind of antisocial disorder, children do not behave like this.
Best wishes.
What I've been told from lawyers were unsatisfactory and I want other lawyer's opinions (anonymously). So these are the events:
My nephew was being bullied and harassed by 3 white boys (skin colour is relevant) aged between 11-13 who were racially abusive. My brother talked to their parents and thought the issue resolved despite obvious racism of the parents. However, I was dissapointed to learn that the bullying was still continuing. Shortly after finding out, I see the 3 boys playing football at the park. I decided to speak to them but they turned aggressive. As I was attempting to engage in civil conversation, one boy tackled me from behind knocking me over which then led primarily to punching and kicking. However, Boy A, who I'm told after was the youngest one put me in two Jiu Jitsu moves. The first I'm told is called the "arm bar" which resulted in elbow dislocation and torn tissue which requires corrective surgery. The second I'm told is called the "head scissors" where the leg is squeezed around the neck which resulted in me being rendered unconscious and sustaining a fractured larynx which I will be immediately correcting in a surgery and with a stent placement to keep the larynx open. I now can barely talk and have respiratory problems including but not limited to severe wheezing when breathing. I had also bit off part of my tongue which will recover naturally. Furthermore, I'm suffering from dizzy spells which I believe are a consequence of the dangerous and unnecessary head scissors manouvre. In self defense, Boy A's tooth was chipped and several insignificant scratches and marks were on 2 of the 3 boys. I had "tapped out" multiple times which were ignored and I now am considering claiming assault and battery in the Youth Courts or attempted murder in the crown courts which I'm being told will not happen. I also wish to seek psychiatric damage in civil courts which I'm also being told to drop. If this is not fulfilled, I want to seek assault and battery or attempted murder in the civil courts.
I'm told that to prosecute a detention order under criminal law in Youth Courts, the child needs to be aged between 12-17 so Boy A who almost killed me will be reprimanded in another way as he is 11. I'm of the opinion that this should be a Crown Court case but so called professionals have the nerve to tell me that it's not serious enough. They're also telling me that the outcome could be a fine of up to £250 and possible detention for the other boys. This is ridiculous seeming as professionals say I could have died.
The boys have admitted to the attack but have changed the version of events considerably. They claim that I was the aggressor and that I was not knocked out despite a CT scan showing a fractured larynx, having part of my tongue bitten off and having dizzy spells. They argue that Boy A did not have the physical capability to cause the fracture due to an age difference of 8 years and him weighing just 5 and a half stone to my 10. They claim that I self inflicted the fracture which is entirely fabricated and an idiotic argument. My nephew tells me that he is on the wrestling team with him and they have learnt moves such as the arm bar and head scissors during training and are fully aware of the dangers of not letting go when the opponent submits. Medical professionals have disclosed privately to me that to knock out an opponent with a head scissor would be very possible for a person of Boy A's stature provided sufficient strength and longevity of the hold. I estimated that the hold lasted an unnecessary 5 to 15 minutes during which I was ridiculed in front of a camera (recording was not found) while my elbow was already fractured. Doctors say that I could have died had the hold been applied for a further 30 seconds or so after unconsciousness which it could possibly have been. This certainly satisfied longevity standards. Boy A acted in a way with no regard for human life and I want to claim in the Crown Courts for either aggravated battery or attempted murder but I keep on getting told that this is a Youth Court case.
Realistically, what can I expect the outcome to be and also what is the best possible outcome? And can I claim in the Crown Courts? It sickens me that I can be ridiculed and almost killed and have the culprit released with a slap on the wrist only because the incident didn't occur 2 months later. The final thing is the question of mental illness, would they be fit to stand trial in the Crown Courts? They seem to have some kind of antisocial disorder, children do not behave like this.
Best wishes.
