chunkielad
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posted on 29/5/05 at 12:59 AM |
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This country!!!
My son came running in earlier saying that a man had hurt him. We calmed him down and it turns out he was standing on this guys garden wall (shouted
at him for this) and when the guy came out, he jumped off by swinging on a scaffold pole (they guy has scaffold up to do work on his house) and by the
time he let go of the pole, the guy had grabbed his leg and pulled him off, hurting him and my son then landed on the corner of the wall.
I went round to get the guys side who could say nothing but that Tom's (my son's) friend had sworn at him. Clout the friend then said I -
NOT MY SON!!
So I went to the police - it isn't right he should assault my son for standing on a wall. I understand Tom was wrong but this is extreme - 60odd
yr old man vs 10yr old boy!!!
Police say that he has the right to use reasonable force if Tom was trespassing and that Tom could end up with a criminal record for trespass if we
press charges and the guy counter sues!!!
BLoody hell, if I'd clouted the guy to get things on an even keel (pick on someone your own size) I'd have been put in a cell!!
What a barstool!!!! This country is full of politics and no common sense. Tom had a big enough fright to not need any more discpline than being
shouted at for being stupid but am I wrong in saying the guy shouldn't have done that?
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tri
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posted on 29/5/05 at 02:11 AM |
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thats so stupid and sad, poor Tom and stupid old guy. the laws are so stupid now
Tri
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Cita
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posted on 29/5/05 at 06:41 AM |
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When I was Tom's age (loooooong time ago) police would not been involved to settle this sort of things cause we probably would got the same
answer back then from the police as you received.
Shouting and anger seldom offers a solution.
I think we all had something similar when we where young and it will be forgatten in a couple of weeks.
The old guy was wrong,Tom's luckely not injured,end of story.
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Hellfire
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posted on 29/5/05 at 08:33 AM |
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I like to think that 'time' plays a large part in reasoning.
I would hope that in a similar situation I react like this:
Son comes home upset.
Calm down, are you hurt etc.
What really happened.
Sleep on it
Sleep has an amazing effect on your perspective. If you had a particularly bad day you can see if you over-reacted or indeed under-reacted.
Whatever decision I then come to as a result of sleeping on it... go with it. I know it's an 'old wives tale' but they do have a
habit of reality to them.
"You'll feel different in the morning" - well... do you?
Just noticed the time you posted Chunkie... had a grueller??? Hope you're well my friend!
[Edited on 29-5-05 by Hellfire]
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OX
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posted on 29/5/05 at 08:36 AM |
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well i wouldnt of gone to the police about it,your sons gonna learn not to wee old people off and in the end your son might have had a big anough
scare so that he doesnt try climbing on the scafolding next time and realy hurt him self(and if he did you would probably sue the bloke for not having
safty nets up )
the old man was wrong in his actions but theres probably more to the story.
if that had been me when i was a kid i would of got a slap off my mum for giving on the old man abuse and being on his property
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wilkingj
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posted on 29/5/05 at 08:38 AM |
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I think you will find that Trespass is a CIVIL offence, and NOT a CRIME.
I would just back my Landy into his wall late one night!.. Oooppps Officer I was turning round in the dark and miss judged it.. if they caught up with
you!.
1. The point of a journey is not to arrive.
2. Never take life seriously. Nobody gets out alive anyway.
Best Regards
Geoff
http://www.v8viento.co.uk
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flak monkey
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posted on 29/5/05 at 08:39 AM |
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Sorry to hear about that Chunkie. But at least everyone is ok.
David
PS what is it with everybody having groovy graphics in their avatars these days? They all seem to have appeared at one. Very snazzy
Sera
http://www.motosera.com
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Peteff
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posted on 29/5/05 at 09:19 AM |
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Tell the old guy to grease the top of the wall. That'll cure them.
[Edited on 29/5/05 by Peteff]
yours, Pete
I went into the RSPCA office the other day. It was so small you could hardly swing a cat in there.
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chunkielad
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posted on 29/5/05 at 10:49 AM |
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quote: Originally posted by wilkingj
I think you will find that Trespass is a CIVIL offence, and NOT a CRIME.
Very true but it still goes on your CRIMINAL record as an offense as it's reported to the Police in the first instance!! Crazy innit?
And I still feel as bitter today as last night.
I'm up most nights a 4am so nothing unusual there!!!
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Crazy Jay
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posted on 29/5/05 at 11:34 AM |
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Some of these laws are so stupid!!
(one consolation, if it was america, the old boy probably would have shot ur son )
Couple years back, a friend of my dads owned a house which was empty. When he came back from Australia (i think) there had been squatters living
there for couple of years. When he went to throw them out the start going on bout "squatters rights". So he left.
Later that night he came back with a few lads, went in, beat the poo outta them all, threw them in the street and changed the locks. Now thats
justice!!
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clbarclay
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posted on 29/5/05 at 12:08 PM |
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One of the vital lessons corpral punishment taught people in the old days wan't don't do it, it was don't get caught doing it.
You son might have been not causing any particular greaif at the time. But walking on other peoples walls and being with friends that swear at other
people doesn't give him a good stero type.
The guy shouldn't have done what he did, but your son shouldn't have been there in that situation either.
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David Jenkins
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posted on 29/5/05 at 12:22 PM |
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I must admit that when I was about that age, if I went home and complained about that sort of incident I would have had a clip round the ear from my
dad for getting into mischief!
DJ
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chunkielad
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posted on 29/5/05 at 09:20 PM |
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quote: The guy shouldn't have done what he did, but your son shouldn't have been there in that situation either.
100% spot on! This is what I've been getting at all along!! Tom was wrong for being there and has been disciplined for that but WTF right has
another man to touch my son? If he needs a beating, he'll get it from his Dad
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Cita
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posted on 30/5/05 at 07:22 AM |
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. Tom had a big enough fright to not need any more discpline than being shouted at for being stupid....
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chunkielad
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posted on 30/5/05 at 02:59 PM |
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And that is exactly what he got, a bollocking! I'm a firm believer that smacking is an ultimate last resort. I have had few problems with the 4
children in the house using this theory.
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stephen_gusterson
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posted on 30/5/05 at 04:36 PM |
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I am in no way a lawyer, but isnt trespassing a bit of a myth? I dont think you can be done for trespassing as such - just damage caused during said
trespass. Has anyone ever sen a case anywhere of someone being done for trespass?
you could take it further if you wished, and at the end of the day, why should standing on a wall at 10 years old cause a problem to your criminal
record?
If I were in your position, and suitably incensed, there might be an accident with a pot of paint and the front of his house. But perhaps not
recommended......
atb
steve
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Peteff
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posted on 30/5/05 at 05:39 PM |
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isnt trespassing a bit of a myth
Try telling the railway police that.
yours, Pete
I went into the RSPCA office the other day. It was so small you could hardly swing a cat in there.
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chunkielad
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posted on 30/5/05 at 06:37 PM |
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quote: Originally posted by stephen_gusterson
I am in no way a lawyer, but isnt trespassing a bit of a myth? I dont think you can be done for trespassing as such - just damage caused during said
trespass. Has anyone ever sen a case anywhere of someone being done for trespass?
you could take it further if you wished, and at the end of the day, why should standing on a wall at 10 years old cause a problem to your criminal
record?
If I were in your position, and suitably incensed, there might be an accident with a pot of paint and the front of his house. But perhaps not
recommended......
atb
steve
As stated earlier it's part of the new laws proposed to allow resonable force to be used against burglars. Thus meaning if they are on your
land, you have the right not just if they have broken into the building.
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stephen_gusterson
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posted on 30/5/05 at 06:53 PM |
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the railways have their own police force, so could well be that they have extended laws. I wouldnt be suprised if the railways acts have specific
offences for railway properties.
when did walking across a farmers field for instance get anyone in court?
and taking it to a logical conclusion, would it be right to shoot or hit someone cos they strayed off a path?
standing on a wall would be a PITA for the house owner, but doenst justify physical contact.
just imagine all those bus stops situated by peoples front garden walls. It will end up as a battleground if someone tries to sit down for a bit on
the wall......
atb
steve
[Edited on 30/5/05 by stephen_gusterson]
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chunkielad
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posted on 30/5/05 at 07:54 PM |
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I agree and morally we are right but legally I am at a loss as to what I can do - the police have advised me what the possible outcomes are, I can
only report what I have been told.
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Cita
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posted on 30/5/05 at 08:11 PM |
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Nice try Stephen
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JoelP
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posted on 30/5/05 at 08:17 PM |
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farmers cant move on groups of kids having raves on their land, so i think its fairly unlikely that a kid would get any stick for it! (standing on a
wall, not raving)
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clbarclay
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posted on 30/5/05 at 08:50 PM |
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I don't know about moiving raves on but if they have any sence then the farmers organising it.
tres passing i should think is like most (if noty all laws) in that its got full of loop holes and dodgy wording so could probably be used to justify
anything, if it doesn't make you too dizzy or kint in the process.
[Edited on 30/5/05 by clbarclay]
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Hellfire
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posted on 30/5/05 at 09:42 PM |
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I'd simply put it down to experience now.
It's amazing what two nights sleep has on your opinion maybe ?
Bearing grudges rarely did anyone any good... just go with the flow, but if it incenses you that much, perhaps alate night excursion may relieve the
frustration.
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chunkielad
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posted on 30/5/05 at 10:15 PM |
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I can see his newly build wall falling over before the mortar sets - I'm over the incident but still can't accept the injustice!
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