C*nt of the day LS58 FKX

But this bit:

I'm still confused by your assertion.

It is not true to say that and offence under that section (or any other) is not/cannot be classed as an assault; it can, not least on account of the doctrine of Common Assault, as distinct from Statutory Offences.

was he some ghetto dude? Blinged up khan range rover thing?

Got you - I was coming from the angle of the POA offence not being a de facto assault.

All one can say is that it may or may not be an assault. It may be that there are other reasons for considering an offence (by which I mean the actual act in question) under one category or another; burden of proof, objective v subjective standard, admissibility of evidence, racial/religious exacerbation, and so forth. Racially/religiously aggravated section 4 is an either way offence, with the maximum penalty on indictment being two years imprisonment or a fine or both. The maximum penalty on summary conviction being six months imprisonment or a fine not exceeding the statutory maximum, or both. So it can be worse, in terms of consequences, than a minor assault offence arising from some other breach.

What a cunt. Maybe compo!

I think he is dead, and besides, never seemed like the violent type.?

^ Has he just got back from The Tweed Run?

So calling someone names warants a physical attack and is allowed to retort that way?

I found that commuting at peak times there seem to be more short tempered people, and fucking awful drivers.

So calling someone names warants a physical attack and is allowed to retort that way?

James brings it on himself, he ran away.............

If someone called me a fuckin cunt I'd probably wanna give them a slap

So calling someone names warants a physical attack and is allowed to retort that way?

I found that commuting at peak times there seem to be more short tempered people, and fucking awful drivers.

Agreed but just as many awful cyclists on the road*

*I'm not in any way referring to DJ in this situation as I believe he did no wrong BUT if you mouth off at anyone whatever the situation, right or wrong you have to be able to deal with what may happen next - whether it be a 70yo granny or a 6ft5 meat'ead!

Same shit happened to me last week coming out of LMNH, black cab - P237 SUP.
I'm cycling on the bike lane towards shoreditch, traffic is absolutely jammed and
this cunt on a black cab, decides he can no longer wait and gets out the line, turns left
on top of the pavement trying to dodge the entire queue, through the bike lane/pavement!!!
It was a vision from hell, obviously the entire line of cyclist going in that precise moment had to
come up with solutions. Mine was kicking his door in until my foot hurt so much I started calling
wanker and cunt 2 feet from his face.
The guy was so spaced out, he couldn't even understand why he was being shout at.

wow, insulted by two of the biggest cocksuckers on this forum, wigan will and platini.

Ha ha. Well, you're half right. Which is pretty good by your standards.

Ooooh, fruity!

Ha ha. Well, you're half right. Which is pretty good by your standards.

Will, are you calling Platini big? I had never thought of him as such. Maybe it is the "tini" in his name that has always made me think of him as small.

i thought you were the one that is allways telling people to prosecute dangerous drivers, James?

In my opinion, you need to press charges. If you dont, you are a hypocrite, and more importantly, a pussy....

Damage of property? Wtf kind of mickey mouse charge is that?.... Stand up and fight it like a real man, or accept that you got punched in the back whilst trying to run away from a situation that you could have quite easily avoided, if you weren't so aggressive.

Hate to say it like it is mate, but you seem to be getting yourself into these situations on quite a regular basis these days.

i thought you were the one that is allways telling people to prosecute dangerous drivers, James?

In my opinion, you need to press charges. If you dont, you are a hypocrite, and more importantly, a pussy....

Damage of property? Wtf kind of mickey mouse charge is that?.... Stand up and fight it like a real man, or accept that you got punched in the back whilst trying to run away from a situation that you could have quite easily avoided, if you weren't so aggressive.

Hate to say it like it is mate, but you seem to be getting yourself into these situations on quite a regular basis these days.

there's is a real threat of a counter claim..... which would cost quite a bit of money to defend... please correct me if I'm wrong.

Wrong. See the definitions on page 1.

Bigtwin I think you misunderstand the difference between an offence under the Public Order act and an offence under the Offences Against the Person Act.

It is an offence to use threatening and abusive words and behaviour (POA), but that behaviour does not become an assult until the victim believes that the threats are real and the person threatening has the immediate capacity and intent to carry out the threat (OATPA).
As stated, calling a person a cnut is offensive, but not in inself a credible and material threat of assault: given DJ's scenarion the driver will have trouble justifying his actions as self defence.

Bigtwin I think you misunderstand the difference between an offence under the Public Order act and an offence under the Offences Against the Person Act.

It is an offence to use threatening and abusive words and behaviour (POA), but that behaviour does not become an assult until the victim believes that the threats are real and the person threatening has the immediate capacity and intent to carry out the threat (OATPA).
As stated, calling a person a cnut is offensive, but not in inself a credible and material threat of assault: given DJ's scenarion the driver will have trouble justifying his actions as self defence.

You have no idea what you are talking about.

You have no idea what you are talking about.

That's funny, I've came to the same conclusion about you over the past week or so.

That's funny, I've came to the same conclusion about you over the past week or so.

I'm afaid I have to agree with you andy, Bigtwin obviously inhabits a different world to the rest of us.

You have no idea what you are talking about.

I thought both of you sounded very plausible. I hope neither of you is arguing for the sake of it.

That's funny, I've came to the same conclusion about you over the past week or so.

+1 but i think it was 4 weeks ago i first referred to them as bigtwit

James, if your actions were as stated it is highly improbable that a court would view the assault on you as a preemptive defence.
Especially (and I mean no disrespect) as the other guy sounds somewhat "bigger" than you.

I thought both of you sounded very plausible. I hope neither of you is arguing for the sake of it.

I think it is Bigtwin who is bordering on trolling.

bigtwat more like it,oh shit now the cunts gonna get me done for assault.with bigtwins way of thinking DJ when the driver/cunt first called you a cunt and said "you should have known what i was doing" it was assault ,and you quite legally have to right to clump said cunt in self defence .swearing at somebody is section 5 you get a fine,and clumping somebody is assault for which you should get bird

can i clarify for the less than gifted here.

I never called the guy a cunt, he swore at me when i pointed out he had turned left across me without indicating.

I swore back and tapped the wing mirror.

well outa order