willd58 said:
Ever heard of provocation, diminished responsibility, etc etc? Theres a reason these things exist, so you know, you can defend yourself and what not?
Right, a lot of people giving different versions of the law on here.
The fact is that BOTH parties would be arrested, all this 'provocation' and 'diminished responsibilty' business has nothing to do with anything.
The situation would be considered by a jury and the ONLY things they would consider are did each person commit their respective crimes (ABH and Criminal Damage) and did they have reasonable excuse or lawful authority.
Ok, first off, i won't comment on the initial driving part as i can't work out the exact circumstances.
Then comes the criminal damage, can't think of ANY reason this bloke can give for commiting the crime, i'm sure he would be charged.
Then comes the assault, from the description on how it happened i imagine it'll be ABH (Assault Occasioning Actual Bodily Harm).
Common law (traditions and precident, not acts of parliment) says that you may use 'REASONABLE FORCE' to defend your property. So for this to be your defence in court you would have to prove that you thought the criminal damage was going to continue AND that the force you used was reasonable to stop the criminal dammage continuing and not excessive.
If the CPS decide that it was not reasonable OP will be charged, if it's touch and go chances are OP would not be charged.
There are public order offences there too, Affray i recon but again without having all the circumstances i wouldn't like to say.
This is all what would happen in these circumstances, we may all have our own ideas on morraly whether OP was in the right or wrong but the decision as to whether legaly the OP was right will ONLY come from a court.