# Assaulted & case going to DPP. Attacker has offered compensaton. Advice?



## Bazzer (26 Feb 2010)

I was assaulted recently and made a statement to the Gardai who then went and questioned the assailant. He fully admitted the attack and the case is going to the DPP who i'm sure will take it to court. 

I got a call yesterday from a mutual friend of the attacker who said that he wants to settle it out of court, i.e. compensation. He asked me to make an offer, I said how I would not be bought easily and how I have little compassion for his situation. 

I had no broken bones but it would still have been assault causing harm (Section 3, I would imagine). I'm not asking fellow posters to give me a estimate of how much I should/would be entitled to (although if anyone would like to throw out a figure feel free - the guy is from a rich family).  However, I'm wondering would I actually need to consult a solicitor or is it just a matter of him paying a sum and me withdrawing my statement? Is there anything else I should know about withdrawing a statement or this particular scenario. 

If the figure was right I must be honest, I would consider it (harsh climate we're living it!). 

If the statement was withdrawn I know that would be it- as in- I know it would never be able to be brought back. 

So, as a kind of security for myself, could I look into maybe getting an injunction against this person? 

I know it is expensive but given the scenario maybe I could get him to bear the cost of it or is that possible?

Any advice?


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## shesells (26 Feb 2010)

*Re: Compensation/ Injunction*

Is there a possibility you could be prosecuted for wasting Garda time if you withdraw? Especially if it is found out that you were effectively bribed?


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## Bazzer (26 Feb 2010)

*Re: Compensation/ Injunction*

How would it constitute bribe? I was assaulted, an injury occurred I am being compensated for that. Someone can withdraw a statement without it being a waste of Garda time. The courts are a lengthy process maybe I'm not fit for going through with it but who said I was going to accept an offer? I'm looking at my options. Anyway thanks for you contribution.


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## Padraigb (26 Feb 2010)

*Re: Compensation/ Injunction*

It's a criminal prosecution and, so far as the court is concerned, you are a witness. It is not appropriate that it be settled by the accused making a deal with a witness.


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## Bazzer (26 Feb 2010)

*Re: Compensation/ Injunction*

Ok fair enough. But let us just for the sake of it say it was settled could you offer me any advice?


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## Card (26 Feb 2010)

*Re: Compensation/ Injunction*

the guards can still proceed regardless with prosecution


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## Yorrick (26 Feb 2010)

*Re: Compensation/ Injunction*

The case could still be heard in Court. You would be summonsed and if you refuse to give evidence they State could treat you as a hostile witness.
And as for getting an injunction any Judge would want to know why wasn't the matter prosecuted before giving an injunction. I'm not sure what the procedure is but you the Judge would want to hear from both sides.


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## Vanilla (26 Feb 2010)

*Re: Compensation/ Injunction*

In practice if it were a minor assault, sometimes the parties involved tell the gardai that an offer of compensation is on the table, that all parties are satisfied with that and the gardai may decide there is no benefit in continuing a prosecution. But at the end of the day it is up to the gardai ( or the DPP depending on severity) so best to be upfront with them about what's going on.

When these things are done the accused is best to have a solicitor to represent them in order that on payment of compensation the appropriate paperwork is signed by the alleged victim.


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## Bazzer (26 Feb 2010)

*Re: Compensation/ Injunction*

Thank you Vanilla, a straight answer.

I know the DPP *could* still prosecute guys but I'm fairly sure they wouldn't it's not a Limerick Gangster we're talking about here. And I know this type of thing goes on all the time. 

What kind of paperwork would be involved? I'm not naive enough that I'd sign anything.


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## mathepac (26 Feb 2010)

*Re: Compensation/ Injunction*



Bazzer said:


> ...  I'm  not naive enough that I'd sign anything.


I think you'd be very naive to expect payment / compensation without signing some form of agreement / acknowledgement.


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## Bazzer (26 Feb 2010)

*Re: Compensation/ Injunction*

You obviously took this out of context. I meant I would be not naive enough to sign anything that might incriminate me.


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## mathepac (26 Feb 2010)

*Re: Compensation/ Injunction*

It is far from obvious that I took anything out of context. I quoted you and commented on what you wrote, not on what you might have intended to write.


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## Padraigb (26 Feb 2010)

*Re: Compensation/ Injunction*

So if you are offered a lump of money and are asked to sign an undertaking that you withdraw the statement you made, you are not naive enough to sign it on the grounds that it might incriminate you?

That boils down to your believing that there is something not quite right about the proposition, but you don't want to provide evidence of what actually happened.


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## Vanilla (26 Feb 2010)

*Re: Compensation/ Injunction*

Usually if you are satisfied with the compensation you would contact the gardai ( who should be told before hand what is afoot and should be happy with it) and tell them you would prefer if it didn't proceed to prosecution. Then you would sign something saying that you are accepting the sum in full and final compensation for the attack/injury. You can't sign anything stating that you are withdrawing your statement or not going ahead with the prosecution because that is a matter for the Gardai, not you.

By the way I have seen cases where the gardai have insisted on prosecutions proceeding despite such agreements, though more usually in domestic violence situations.


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## paddyc (26 Feb 2010)

*Re: Compensation/ Injunction*

Is it not failry common when assault cases go to court that there is a mention that the defendant has paid X amount to the victim as compensation, so the judge will go easier on them ?


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