Accused of common assault

[brandonj633]

I have been accused of common assault, punching someone in the stomach in a haunted house that was pitch black, the peson was an actor part of the haunted house and was dressed all in black and not visible. I did not punch him and what actually happen was I tripped on the obstacles in the room and fell into this person my shoulder hiting him in the stomach. Nothing was said at the time no words the person did not complain or anything like that i carried on through that haunted house and it was not until and an hour and half later that the police turned up and said the person had said i had punched him, I never left the scene.
I have been asked to do a police line up and if he points me out the CPS will decide whether to take it further from there. My question is if its his word against mine in a pitch black room in a haunted house, with no witnesses or cctv cameras will this still go to court? and if so what would happen if it just his word against mine? Thanks

[ummmm]

Doubt it would go to court. Waste of time and money.

[pink-kittens]

the police turned up where?
If it was pitch dark how did the other person know wjo it was??
Commone sense will prevail; one hopes so anyway

[sara3]

lol, surely a joke!

you're being put in a line-up for an alleged assault in a pitch dark room?

[Sandy-Wroe]

Maybe he thought it was a ghost that had punched him until he learnt that you were in the room too?
At the ID parade will his eyes be covered to recreate the conditions when the assault took place?

[pink-kittens]

LOL Sandy. that's a point
Brandon, ask if the lights can all be turned off to create the right 'ambience'

[mccfluff]

this has to be a wind up!

[ummmm]

pmsl....didn't think of that when I answered...!!

Still giggling here...

[sara3]

maybe the accuser will turn up in costume.

I'd pay to see that :o)

[brandonj633]

Thanks for all your responses, I agree this is a joke and I am sure will laugh about it when it is thrown out! But this guy apparent saw my blue jumper, and followed me out side and can ID me. The fact that i was on the premises for another hour and a half, he could have easily have seen me and had a good look at me in that time. I never saw this person who was in a ghost costume, he could have taken it off and sat next to me for the hour and a half I would not have know!
If he has seen me out side and got a good enough look at me, he may well be able to pick me out, but then surely its his word against mine from there on?
Not sure he is trying to get money or something but dont understand why he is lying!

And trust me I wish this was a wind up lol, surely the police will throw it out and common sense will provail! Surely he has not proof, or evidence!
Thanks again for your respomnses it greatly appreciated!

[loonytunes]

1. Who told you it was common assault? The police would not have made that judgement.
2. Who told you a lineup is going to be undertaken? If the accuser had ben in a room with you and the police, it would not be arranged and you can object.
3. Why are you asking on here and not speaking to a solicitor?

Wind up. Definately.

[brandonj633]

This is not a wind up, I was arrested at the site, and told it was for GBH, then the next day at around 4pm I was interviewed and told it was being reduced to common assault. The person accusing me was never in the room after the interview the police must have called the person and said if he could ID me. Because they then came back and asked if I would mind doing a video line up. I consulted with the on duty free solictor and she said it was best to do it other wise they simply just show a pic of you from when u were arrested and not 8 other people as well and hence better if asked to do a line up.
I was told is he cant ID u it will be thrown out and if he can the police will look at the case again and decide if they will proceed or not and tell me when i go back on the bail date.

I promise you this is not a wind-up, I am on here to simply seek other peoples advice and really just wanted to know if it came down to his word against mind what the police would do, if it would go to court with no other evidence apart from his word!
Again thanks for peoples advice.

[gaoler]

Brandon. It sounds to me that someone is after some sort of compensation. It's probably a bit late now but have you considered asking for ALL the lights to turned on in the haunted house and have photos taken of the area the alledged assault took place. You could possibly counter-complain stating that there should not be "Trip Hazards" in a pitch black room, thats just asking to be sued by a visitor!! Assuming you have no previous criminal convictions i personally think that the worst you would recieve is a caution at most. I know thats probably not what you want to hear and i doubt very much it would go to court. As for the I.D parade i recommend you do it. Please lets us know what happens.

[karenmac60]

I went to Alien Wars in Glasgow recently, where they lead you through a lot of dark corridors and people dressed up as the creature from Alien jump out - and they had signs all over warning anyone who went for the aliens would be charged with assault. Apparently it had happened a few times with people getting a fright and lashing out, so maybe it happens a lot at this haunted house and that's why they are pursuing it.

[brandonj633]

Thanks for all the support everyone, I will let you know how it tuns out, I am sure that this person is after compensation for sure, but if its his word against mine surely it has to be proven beyond any resonable doubt?
And I am sure the guy got a good look at me afterwads as I was sitting around the bar area for another hour and a half afterwards so he easily could have come a sat next to me and got a real good look at me and I would not have recognised him as it was so dark, he said he followed me out and as I was wear a bright blue jumper I was easy to spot!
I did think about sueing the company for a dangerous obstacles, but again there was signs up warning you!

How does a caution work Gaoler?, is it just as it says a caution (warning to to get in trouble?)and not a criminal record?
Has anyone ever been in a situation where it is someones word and against yours and thats it? Surely the police cant take it to court just on that alone? Or is it up to the accurser if he wants to go to court or not, not the actual police?
Thanks everyone!

[brandonj633]

thanks for the reply Un1corn, the GBH was for a different incident that happened at the same location which has since been dismissed, as it became obvious to the police I had not done it and the person did not see who hit them. For some reason the police decided to arrest me for both incidents just because I was wearing a blue jumper, and the person thought the person who hit them was wearing blue and the police put 2 and 2 together and came up with 5!
The incident were I accidently fell into this guy and hit them with my shoulder was originally ABH but they reduced it to common assault, once they had seen the guy the next day, obviously because there was no injuries maybe? If the CPS dont think they have a case will it never go to court or can the guy still try take me for court and try get money out of me because thats obviously what he is trying to get money! Your advice Un1corn is really appreciated!

[Postdog]

You won't stand a ghost of a chance in court....

[joko]

i work in one of these places.
if you hit him in the belly with your shoulder, you must have fallen to the ground and fallen forward quite a distance for your shoulder to be that low and at that force for him to believe it was a punch.. if you winded him in that position you must have almost knocked him over too as you must have been falling fast to fall into him at an angle ... this does not make sense - he would have known you had fallen into him as he would have been knocked too and felt you down there stumbling...

the actors are taught to be able to distinguish between an acidental lash out in fear and a deliberate hit...it happens all the time, peoples arms waving about in fright - your story doesnt make sense

i also know, that most of the room are not sooo dark that you cannot see peoples faces and bodies...they are certainly not pitch black - otherwise whats the point in them wearing makeup an costrumes?
they are dark, but they have enough light to be able to see the characters and sets ...


aside from that other than steps there should not be much on the floor to over...warning the public of tripping hazards does not excuse deliberately causing tripping hazards... can you prove you tripped?