UPDATE: Police find the bike at 38 Sefton Drive.
A local man, out walking his dogs on a public park on Grimshaw Lane football field in Ormskirk was surrounded and confronted by 20 aggressive male yobs.
The yobs from 38 Sefton Drive, Ormskirk were illegally riding a motorbike across the public park and public footpaths and almost hitting the victims dogs by their erratic riding.
Due to the man confronting 5 or 6 yobs riding the motorbike, the yobs made a phone call and another 10 to 15 appeared, surrounding the victim, the victim believed he was about to be attacked.
It is important to not that, ‘assault‘ is when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force. No physical contact is required, only the apprehension of immediate infliction of force.
One of the yobs then further approached the surrounded man (assault) and started to push him about (now a battery as contact has been made). The suspect then grabbed the victim and threw him to the floor. On the floor, the yob kicked him in the back. The man stood up and again he was thrown to the ground a second time sustaining injuries to his left arm and wrist as well as an open wound to the right shin. This has now become ABH. (Actual Bodily Harm)
The victim returned home and immediately called police. Police attended and interviewed the victim who explained what happened in a statement.
The police located the group of men, they live at 38 Sefton Drive, Ormskirk. Three of the main suspects where father and two sons.
The father was described a about 5 ft 8 inches, fat and bald. The elder son was described as looking like a smack head with a ‘raw’ spotty face, the other brother was nondescript.
When the suspects were interviewed, the elder of the two brothers admitted that he approached the surrounded victim. The suspect admitted grabbing the victim, admitted throwing him to the ground and admitted kicking him in the back.
This is ‘prima facie’ evidence of assault (ABH). The victim alleges an act that in law is assault, the suspect admits committing the same act that the law defines as assault. This is, in the eyes of the law, Assault and due to the sustained injuries, the higher offence of ABH (Actual Bodily Harm). Police confirmed this by criming the reported incident as ABH.
What the suspect has then suggested to police as a justification is that the victim ‘squared up to him‘ when he approached him.
#note: At this point, assault had already occurred and to note, there is no defence to assault of ‘squaring up‘.
Notwithstanding this, the victim said he did not ‘square up‘, but did say he ‘stood his ground’ when being pushed back by the suspect.
Later, the police officer informed the victim by telephone that the suspects had been identified and spoken to and that the elder brother confirmed he did grab, throw and kick the victim. The victim, relieved, said to the police officer ‘so the suspect had admitted to assault?’.
The police officer said he hadn’t admitted to assault. He said that the suspect had admitted grabbed the victim and throwing him to the ground but added this was not an admission of assault adding ‘because there were mitigating circumstances’ (‘squaring up’)
After the victim made it clear to the police officer that he only stood his ground to the suspect and even if it was seen as ‘squaring up‘, this is not a defence to the assault that took place!
The police officer continued saying the suspect had not admitted to assault. The victim argued with the police officer, saying that as the suspect has admitted to grabbing, throwing him to the floor and kicking him, this is admitting an action which IS assault. The officer still disagreed!
Then, the police officer then added to the victim that the suspect alleged the victim spat at him.
Disgusted, the victim said he did not do this and added that he is a grown adult and does not spit at people, and that he was out just taking his dogs for a walk when he was surrounded by a group of thugs. Why the hell would he spit at one who approached him when he was surrounded? The victim stated that this was an obvious lie by the suspect to justify the assault as he had been caught by police.
Following the altercation, the suspects told the victim that if they see him on the park ever again they will kill him and his dogs.
Police have refused to charge any of the suspect from 38 Sefton Drive, in Ormskirk even though they admit assault.