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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I was recently mugged in a public toilet in which I was

Customer Question

Hi, I was recently mugged in a public toilet in which I was thrown to the ground and received injuries. Therefore I ran to the nearby train station to get someone's attention and was rapping on the glass window to try and get someone's attention whereupon I accidentally cracked the glass. After being nicely helped out by members of the public I was approached by the police who took a statement. I admitted exactly as I did above. I mentioned at the time that I would pay for the glass fixing as it was caused by me. The police were nice at the time but are now saying that I can sign a community resolution re the glass as this is a "separate" incident from my mugging. I am fine with paying for the window as it was an accident albeit precipitated by the mugging but do not want to admit to criminal damage or be penalised in any future employee checks etc.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you would like to know please?
Customer: replied 1 year ago.
I would like to know whether I am being punished (designated a criminal act) for causing something that was a result of the mugging. Paying for the glass repair is ok but saying it is a separate crime following what happened to me seems grossly unfair.
Expert:  Ash replied 1 year ago.
If you didnt accept the offence why did you accept a Community Resolution?
Customer: replied 1 year ago.
I haven't accepted anything yet. The officer called me on the phone yesterday and said she would do up some paper work and she mentioned a community resolution. This confused me as I thought it would be a civil matter, hence my writing to you now.
Note at the time of the incident I explained the whole incident to the officer and said that I wanted to pay the cost of the window as it was my fault albeit an accident. Actually I was the one who mentioned the window incident to the police on the night of the incident when they were going over all my cuts and bruises. When I was explaining the injuries to my left elbow and knees (note during the mugging I was pushed to the ground from behind) I explained that a superficial cut to my right wrist was the result of banging on the window.Note, I don't wish to go through the situation where I get charged for criminal damage to the window, because I didn't accept this community resolution. I've been through enough with this incident.
Expert:  Ash replied 1 year ago.
It wont show up on on a basic or standard DBS check if its a Community Resolution. It may show on an enhanced DBS check under 'other relevant police information'. So unless you are going to go for a job which has DBS checks and indeed enhanced, it wont show.
If you are then it may show. The Criminal Damage Act states:
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
If you did not do this then you are not guilty of an offence. You can refuse to accept the resolution which may mean the matter goes to Court and Magistrates decide whether you are guilty.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
What does accepting the resolution entail? As I am fine with paying the amount and don't mind writing a letter to the other aggrieved party (with caveats denying intentional or reckless behaviour) am I supposed to sign something saying "Yes I am a criminal, but I'm getting let off?"
Expert:  Ash replied 1 year ago.
Yes that is exactly it.
Alex
Customer: replied 1 year ago.
And how is that fair? If it wasn't a mugging but say a rape would the rape victim be charged too? This is ludicrous!
Expert:  Ash replied 1 year ago.
But the test is were you reckless or intending to do so. If you did then it is an offence, if you did not then no offence has been committed.
Alex
Customer: replied 1 year ago.
I did not intend to do so. It's not like I punched the window. Was it reckless? This is contentious. Under what criteria? The reasonable man? Or the reasonable man who was in my situation? Note I had tried to push the emergency button before this incident at the station but to no avail.
Expert:  Ash replied 1 year ago.
Its a subjective test.
The appropriate test of recklessness for criminal damage is:
"A person acts recklessly within the meaning of section 1 of the Criminal Damage Act 1971 with respect to -
(i) a circumstance when he is aware of a risk that it exists or will exist;
(ii) a result when he is aware of a risk that it will occur;
and it is, in the circumstances known to him, unreasonable to take the risk."
Does that clarify?
Alex
Customer: replied 1 year ago.
Thank you. It sounds completely trumped up then.I suppose I should feel lucky that I wasn't charged for bleeding on the footpath too.
Expert:  Ash replied 1 year ago.
Indeed.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
Hahaha thanks. It's good to see you can see the absurdity in it like me. I won't need anything more at this stage. Thanks
Expert:  Ash replied 1 year ago.
Thank you. If you could take a moment to rate my answer before you go, that is so the site credits me for the time spent with you today.
Thanks!
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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