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-   -   Daley: Could be facing charge for common assault. (https://www.thisisbigbrother.com/forums/showthread.php?t=235844)

Verbal 21-08-2013 02:08 PM

Quote:

Originally Posted by CaudleHalbard (Post 6313867)
Sorry but they TECHNICALLY both committed aasaults.

It all comes down to consent.

I'm still blissfully unaware of what incident you're on about. Her pulling his shorts down?

Jake. 21-08-2013 02:14 PM

he makes me sick, acting like a victim

joeysteele 21-08-2013 02:16 PM

If what happened in the safe house,happened in a public place outside the house then Daley,with or without Hazel pressing charges would have been more than likely arrested and possibly facing such a charge.
Hazel would not have for any reason whatsoever.

Bearing in mind this happened on BB and was dealt with at the time, also that Hazel is unlikely to want it taken further then it is likely that at the worst he will get a caution or no charges brought at all this time.

He has actually been lucky that it happened where it did and had BB not stepped in quickly one wonders what greater harm may have come from ths incident.

CaudleHalbard 21-08-2013 02:20 PM

Quote:

Originally Posted by CynicalHermit (Post 6313873)
I'm still blissfully unaware of what incident you're on about. Her pulling his shorts down?

That would be the indecent assault and is probably the more serious assault. The others were where she kicked him and pressed a pillow pillow on his face.

All are technically criminal assaults by Hazel, but she would say it was part of the playfighting and was thus done with Daley's consent.

Equally he will say that what he did - slapping her bum and then grabbing her and pretending he would headbutt her was also with her consent and he will call in evidence the fact that she said "Go for it then" after he said "You don't want to see me when I'm angry".

In my view the police are unlikely to be able to convince the CPS to prosecute either Hazel or Daley. I doubt they will even try.

Hope that helps. :)

Verbal 21-08-2013 02:23 PM

Quote:

Originally Posted by CaudleHalbard (Post 6313903)
That would be the indecent assault and is probably the more serious assault. The others were where she kicked him and pressed a pillow pillow on his face.

All are technically criminal assaults by Hazel, but she would say it was part of the playfighting and was thus done with Daley's consent.

Equally he will say that what he did - slapping her bum and then grabbing her and pretending he would headbutt her was also with her consent and he will call in evidence the fact that she said "Go for it then" after he said "You don't want to see me when I'm angry".

In my view the police are unlikely to be able to convince the CPS to prosecute either Hazel or Daley. I doubt they will even try.

Hope that helps. :)

Indecent assault for pulling his shorts down when they were clearly flirting? You'd be laughed out of court. He's a big bloke, he was very threatening, people were commenting about it all the time on here.

What he did is and was a criminal offence.

sassysocks 21-08-2013 02:25 PM

Quote:

Originally Posted by fingers (Post 6313701)
He won't be, If they subpoena all the relevant tapes there will be no case to answer.
I think he's still hungry for publicity!

Since when did a man putting his hands round a woman's throat in an intimidating and threatening manner equal no case to answer? It is most definitely assault.

fingers 21-08-2013 02:26 PM

Quote:

Originally Posted by sassysocks (Post 6313924)
Since when did a man putting his hands round a woman's throat in an intimidating and threatening manner equal no case to answer? It is most definitely assault.

Rubbish.

Pincho Paxton 21-08-2013 02:28 PM

Daley knew he was in the wrong because he made excuses in the diary room.. "I was tired, and can't handle drink." So if he is making excuses then he did something wrong.

Livia 21-08-2013 02:31 PM

Quote:

Originally Posted by CynicalHermit (Post 6313747)
He put his hands around a persons neck and acted aggressively, there are definitely grounds there.

Whether Hazel will follow through with the charges is another thing.

It's not down to Hazel. She's not the one pressing charges.

Quote:

Originally Posted by CaudleHalbard (Post 6313867)
Sorry but they TECHNICALLY both committed aasaults.

It all comes down to consent.

Technically, I can assure you that you're quite wrong. It doesn't come down to consent, it comes down to intent.

Vanessa 21-08-2013 02:31 PM

I do think Daley is to blame, but Hazel is not entirely innocent either.

user104658 21-08-2013 02:31 PM

If he had previous he would probably be facing a charge, but if his claims at the beginning of the show (that he's never been in trouble with the police / has a clean record) are true there's no way he'd be getting more than a slap on the wrist.

When I was 10 (ten!!) years old, a 35 year old neighbor punched me full force in the face and almost broke my cheek bone, then slammed me into a wall and kicked me in the side. For drawing a penis in the dirt on his van.

He had no criminal record, so all he got was a caution.

...says it all, in my opinion. Apparently you need to do quite a lot to actually be charged with assault.

sassysocks 21-08-2013 02:31 PM

Quote:

Originally Posted by fingers (Post 6313930)
Rubbish.

It's attitudes like that which causes so many problems in the first place. It is not ok for men to put their hands round a woman's throat in a threatening manner, and I think you will find the law agrees with that.

Pincho Paxton 21-08-2013 02:33 PM

Quote:

Originally Posted by Vanessa (Post 6313950)
I do think Daley is to blame, but Hazel is not entirely innocent either.

She looked innocent to me. If a jury decides then she probably looks innocent.

Verbal 21-08-2013 02:34 PM

Quote:

Originally Posted by Livia (Post 6313949)
It's not down to Hazel. She's not the one pressing charges

I was under the impression the police need the cooperation of the accuser or they drop any charge.

Ellen 21-08-2013 02:35 PM

I doubt the police will charge him, maybe given a warning.

sassysocks 21-08-2013 02:35 PM

Quote:

Originally Posted by Vanessa (Post 6313950)
I do think Daley is to blame, but Hazel is not entirely innocent either.

Hazel wasn't aggressive and intimidating - she didn't threaten anyone. It's 2013 - it isn't a criminal offence for women to flirt, even if some living in the past would like it to be.

Pincho Paxton 21-08-2013 02:35 PM

Quote:

Originally Posted by CynicalHermit (Post 6313964)
I was under the impression the police need the cooperation of the accuser or they drop any charge.

Yeah, me too. Hazel has to press charges.

Livia 21-08-2013 02:35 PM

Quote:

Originally Posted by CaudleHalbard (Post 6313903)
That would be the indecent assault and is probably the more serious assault. The others were where she kicked him and pressed a pillow pillow on his face.

All are technically criminal assaults by Hazel, but she would say it was part of the playfighting and was thus done with Daley's consent.

Equally he will say that what he did - slapping her bum and then grabbing her and pretending he would headbutt her was also with her consent and he will call in evidence the fact that she said "Go for it then" after he said "You don't want to see me when I'm angry".

In my view the police are unlikely to be able to convince the CPS to prosecute either Hazel or Daley. I doubt they will even try.

Hope that helps. :)

LOL... oh dear, where to start. You keep using the word "technically" when you're referring to what you perceive to be a legal matter, and then go on to say something you've just made up.

If there was any mileage (or money) in pressing charges on Hazel, Daley's lawyers would have done it already. But there isn't.

The police don't have to try to convince the CPS to prosecute. The CPS will prosecute if there is enough evidence to bring the case to court.

I hope that helps.

Verbal 21-08-2013 02:36 PM

Quote:

Originally Posted by Pincho Paxton (Post 6313959)
She looked innocent to me. If a jury decides then she probably looks innocent.

God it wouldnt get to Crown Court, nobody was murdered

Jake. 21-08-2013 02:36 PM

Livia :love:

user104658 21-08-2013 02:36 PM

Quote:

Originally Posted by Livia (Post 6313949)
It's not down to Hazel. She's not the one pressing charges.

Technically, I can assure you that you're quite wrong. It doesn't come down to consent, it comes down to intent.

Both of these are accurate; I don't think most people commenting really understand the UK legal system and are going my what they've seen on US TV shows...

In the UK, the authorities can pursue a charge without the victim's consent, if they have evidence and feel that the aggressor poses a threat to other people. Charges don't have to be "pressed".

For the same reason the second statement is true: it's the intent of the aggressor that matters, as that's what poses the future risk.

Niamh. 21-08-2013 02:38 PM

Quote:

Originally Posted by Toy Soldier (Post 6313951)
If he had previous he would probably be facing a charge, but if his claims at the beginning of the show (that he's never been in trouble with the police / has a clean record) are true there's no way he'd be getting more than a slap on the wrist.

When I was 10 (ten!!) years old, a 35 year old neighbor punched me full force in the face and almost broke my cheek bone, then slammed me into a wall and kicked me in the side. For drawing a penis in the dirt on his van.

He had no criminal record, so all he got was a caution.

...says it all, in my opinion. Apparently you need to do quite a lot to actually be charged with assault.

wow, that's awful

user104658 21-08-2013 02:39 PM

Quote:

Originally Posted by CynicalHermit (Post 6313964)
I was under the impression the police need the cooperation of the accuser or they drop any charge.

Only if the description of the series of events depends on the testimony of the victim. If there's another source, such as other witnesses or (in this case) video footage of the incident, they wouldn't need it to continue with charges.

sassysocks 21-08-2013 02:40 PM

Quote:

Originally Posted by Toy Soldier (Post 6313976)
Both of these are accurate; I don't think most people commenting really understand the UK legal system and are going my what they've seen on US TV shows...

In the UK, the authorities can pursue a charge without the victim's consent, if they have evidence and feel that the aggressor poses a threat to other people. Charges don't have to be "pressed".

For the same reason the second statement is true: it's the intent of the aggressor that matters, as that's what poses the future risk.

And he definitely poses a threat to women. If he can act like that on public TV, what the hell is he like behind closed doors. Unfortunately, I don't imagine this will be the last time we hear about him attacking a woman.

Vicky. 21-08-2013 02:41 PM

Either he is trying to stay in the limelight by lying about this

Or Hazel is by pressing charges now to try to stay in the limelight

Either way I dont much care anymore, but I still don't think Hazel did anything wrong at the time. If shes using it now to get attention though, then I do think shes in the wrong.

Edit. Hmm...just seen hazel wouldnt necessarily have to press charges :suspect: I would think though that the charges would have come about sooner if it wasnt to do with what she decided.


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