affray

[lab1986]

hi all.
Saturday night i went out with my cousin, the night had eneded and i had lost my cousin. he was in subway and i was in a chippy rpound the corner where i was in the que. as i was in the que for chips i received a phone call from my cousin stating that he was in trouble and some man had hit him ( i was very drunk and instead of telling him to leave it and come to me i told him to w8 there ill be with you shortly to make sure ur ok) upon arrival i saw he was ok just a little annoyed so i walked in to subway for some food where the 2 men were and as soon as i walked through the door one of the 2 men who started on my cousin jumped on me but i basicly bear hugged him or grappled him so he couldnt strike me and allow the subway bouncers to split us up. the whole time it was going on i was shouting what the hell are you doing!!!!

this is all confirmed on subways cctv.

anyway after that it all went outside and this is the part i dont really remember much about.
apparently my cousin was on the ground and the guy who was wrestling with me was now on top of him (my cousin) biting his cheek.
my cousin thinks somebody kicked him in the head to get him off of him, but i know that i would never do that to somebody no matter what they were doing.there were lots of people around us and a guy with his mates was there who was also assaulted by the man on top of my cousin minutes earlier. but i guess i have to expect and plan fore the worse and assume it was me who kicked him for now.

this is when the police came.

i basically told the police what had happened and was cooprative with the police.

anyway i spent the night in a cell and have been given a bail date so they can investigate further.

my question is IF it was me who kicked the man in the head to get him off my cousin what would be the likely sentance? i have no previous convictions.

thanks for replys. sorry about spelling i am very shaken up at the moment and just want to cry.

ps i am a good disciplined man and havent had a fight for 15 years since school and hate fighting. i always walk away!

[lab1986]

oh sorry too mention but the guy who my cousin thinks got kicked in the head had no injuries cuts or bruises and looked perfectly fine aftwerwards.

[exdc]

Hi Lab

So, you were arrested for Affray and not assault?. Can you confirm whether you have been formally interviewed yet and if so, what was said by you and by police etc.

[lab1986]

thanks for the replys. i basically told them what ive typed here whilst under interview. i can barely remember alot of the incident as it all happened just so fast and i had been drinking. the police seemed unsure of my involvement and very confused as to what i had actually done but apparently i had to be arrested cause i was involved.

these men were very agressive and i just know what action i would of taken would of been to protect him and me. but im sure all i would of done would of been to restrain these men. im more afraid of giving a punch than i am of taking one.

oh just too add, as we walked in subway my cousin punched one of them which fractured his right eye socket and he required stitches. this was all seen on subway cctv followed by the scuffle. i dont think the subway cctv has seen me do anything wrong, as i said its just what happened outside that i cant remember.

[lab1986]

oh and yes sorry, it says on my bail form
Alleged Offence(s) Affray-Unlawful Violence

[exdc]

Hi Lab

Sorry for the delay in responding to you. Unfortuntaley, you are going to have to wait for the police to complete their investigation to determine whether you are liable for any offences whether it assault or any public order offences.

In answer to your question regarding sentencing for assault, please see attached link for general guidance. (no visible injury or discomfort only injury is consistant with Common Assault, page 23).

http://sentencingcoun...ine_-_Crown_Court.pdf