Racially abused last night

[Bing o]

So, numpty upsatairs does his usual trick of walking about upstairs on the hard wood floors that he has laid at 3am (against the terms of the lease - another story). SWMBO goes up to ask him not to do it (as she had to last week).

Numpty is out. Sp she writes a note asking him please to not do this - she's very polite. Leaves it on numpties door.

Next thing I know, he's shoving it through our letterbox with lots of slamming doors at about 3.30am.

SWMBO answers the door - he starts a lot of finger pointing and shouting at her. I go to the door. Numpty calls me an "asian prick of a boyfriend" - I launch off on one, SWMBO tells me to go away, so I do, and leave them to it. They go upstairs, where he starts bringing out unrelated crap about random stuff - no idea why - he's had a bit to drink...

Five minutes later he's back downstairs - I ask him to shut the f up - he's talking to my missus saying "I don't know why you are with this City based wr" etc.

Anyway, I can take a bit of verbals (and give back in spades) but he's crossed the linewith calling me an *asian prick. Plod have been called - they rang back to say that they will be around today.

Can any of the BiB advise what is likely to happen in the course of the investigation, and how likely it is he'll be done for it? It would be much appreciated.

• ironically, I'm not even asian, just slitty eyed from the sleep deprivation that he is causing me

[Mg6b]

The fact you are not Asian makes no difference to the circumstances that you have perceived the act to be racist. The incident will be recorded as such.

Unless the neighbour has committed substantive offences against you or your partner, then nothing will happen except the incident will be recorded as a crime related incident with him being recorded as indulging in racist behaviour. He will be given suitable advice regarding his behaviour but may actually allege some sort of conduct against you or your partner.

If the neighbour has committed a substantive offence under the NCRS, then he will be arrested for racially aggravated ..... and probably charged. This will require you to give a full statement and to be prepared to attend court at a later date to give that evidence which he is sure to deny. Racially aggravated cases have an either way trial option. The defendant can elect for Crown Court and the Magistrates can send the case to Crown court for sentencing if the prosecution prove the case.

In all probability, I suspect that words of advice will be offered to everyone involved and that will be to keep a lid on matters in future and the possible results of any future inappropriate behaviour on the rest of your lives regarding Racially Aggravated convictions.

Remember, the police were not there to witness the incident and they have to remain impartial. If it is your word against his, then there is little the police can do unless other neighbours heard/saw the incident and they are willing to support that evidence by giving statements and attending court.

[Bing o]

Mg6b said:

The fact you are not Asian makes no difference to the circumstances that you have perceived the act to be racist. The incident will be recorded as such.

Unless the neighbour has committed substantive offences against you or your partner, then nothing will happen except the incident will be recorded as a crime related incident with him being recorded as indulging in racist behaviour. He will be given suitable advice regarding his behaviour but may actually allege some sort of conduct against you or your partner.

If the neighbour has committed a substantive offence under the NCRS, then he will be arrested for racially aggravated ..... and probably charged. This will require you to give a full statement and to be prepared to attend court at a later date to give that evidence which he is sure to deny. Racially aggravated cases have an either way trial option. The defendant can elect for Crown Court and the Magistrates can send the case to Crown court for sentencing if the prosecution prove the case.

In all probability, I suspect that words of advice will be offered to everyone involved and that will be to keep a lid on matters in future and the possible results of any future inappropriate behaviour on the rest of your lives regarding Racially Aggravated convictions.

Remember, the police were not there to witness the incident and they have to remain impartial. If it is your word against his, then there is little the police can do unless other neighbours heard/saw the incident and they are willing to support that evidence by giving statements and attending court.

Cheers Mg - can you clarify "substantive" for me?

Also, I'm guessing my partner isn't considered impartial?

Funnily enough, there are a couple of asians who live opposite me - I'll pop over and ask if they heard anything.

[Mg6b]

Bing o said:

Cheers Mg - can you clarify "substantive" for me?

Also, I'm guessing my partner isn't considered impartial?

Funnily enough, there are a couple of asians who live opposite me - I'll pop over and ask if they heard anything.

Substantive would mean

1. Putting you or your partner in fear of immediate violence, section 4A Public order Act,

2. Criminal Damage.

3. Assault (ABH or Common Assault Section 139 Offences Against the Person Act)

An assault does not have to be physical contact. The fact you may be frightened physical contact may follow due to aggressive behaviour is enough for an arrest. A physical contact in law is actually 'battery' and puts a different aspect on offences and their disposal by CPS and the Custody Sgt accepting the arrest.

Your partner is not an independent witness. She is involved intimately with you, was a victim of the conduct and therefore her witness testimony although relevant will not be given as much weight as someone who is not involved through an emotional or otherwise more closely related relationship.

Two accounts are better than one but CPS have to remain objective in the fact that people in this sort of incident who are together intimately or as friends have time to back each other and come up with corroboration because they are related and have a common aim.

Edited by Mg6b on Saturday 16th February 11:20

[Bing o]

Mg6b said:

Bing o said:

Cheers Mg - can you clarify "substantive" for me?

Also, I'm guessing my partner isn't considered impartial?

Funnily enough, there are a couple of asians who live opposite me - I'll pop over and ask if they heard anything.

Substantive would mean

1. Putting you or your partner in fear of immediate violence, section 4A Public order Act,

2. Criminal Damage.

3. Assault (ABH or Common Assault Section 139 Offences Against the Person Act)

An assault does not have to be physical contact. The fact you may be frightened physical contact may follow due to aggressive behaviour is enough for an arrest. A physical contact in law is actually 'battery' and puts a different aspect on offences and their disposal by CPS and the Custody Sgt accepting the arrest.

Your partner is not an independent witness. She is involved intimately with you and therefore her witness testimony although relevant will not be given as much weight as someone who is not involved through an emotional or otherwise more closely related relationship.

Edited by Mg6b on Saturday 16th February 11:18

Thanks again Mg.

Either way, he's getting what is due to him.

[Mg6b]

Bing o said:

Mg6b said:

Bing o said:

Cheers Mg - can you clarify "substantive" for me?

Also, I'm guessing my partner isn't considered impartial?

Funnily enough, there are a couple of asians who live opposite me - I'll pop over and ask if they heard anything.

Substantive would mean

1. Putting you or your partner in fear of immediate violence, section 4A Public order Act,

2. Criminal Damage.

3. Assault (ABH or Common Assault Section 139 Offences Against the Person Act)

An assault does not have to be physical contact. The fact you may be frightened physical contact may follow due to aggressive behaviour is enough for an arrest. A physical contact in law is actually 'battery' and puts a different aspect on offences and their disposal by CPS and the Custody Sgt accepting the arrest.

Your partner is not an independent witness. She is involved intimately with you and therefore her witness testimony although relevant will not be given as much weight as someone who is not involved through an emotional or otherwise more closely related relationship.

Edited by Mg6b on Saturday 16th February 11:18

Thanks again Mg.

Either way, he's getting what is due to him.

There's a bit more on the bottom Bing O. I edited it.
Cheers

[Bing o]

Mg6b said:

Bing o said:

Mg6b said:

Bing o said:

Cheers Mg - can you clarify "substantive" for me?

Also, I'm guessing my partner isn't considered impartial?

Funnily enough, there are a couple of asians who live opposite me - I'll pop over and ask if they heard anything.

Substantive would mean

1. Putting you or your partner in fear of immediate violence, section 4A Public order Act,

2. Criminal Damage.

3. Assault (ABH or Common Assault Section 139 Offences Against the Person Act)

An assault does not have to be physical contact. The fact you may be frightened physical contact may follow due to aggressive behaviour is enough for an arrest. A physical contact in law is actually 'battery' and puts a different aspect on offences and their disposal by CPS and the Custody Sgt accepting the arrest.

Your partner is not an independent witness. She is involved intimately with you and therefore her witness testimony although relevant will not be given as much weight as someone who is not involved through an emotional or otherwise more closely related relationship.

Edited by Mg6b on Saturday 16th February 11:18

Thanks again Mg.

Either way, he's getting what is due to him.

There's a bit more on the bottom Bing O. I edited it.
Cheers

Oh I read it.

As I said, either way, he's getting what is due to him...

[Bing o]

swerni said:

Ben,
time for a party round at yours

Oh yes!!

Plod are on their way round now - will report back.

The fecker came down trying to apologise earlier - I told him to talk to the Police when they come around - I can hear him shitting it right now...

[Deva Link]

Bing o said:

I can hear him shitting it right now...

Yuk. You really should move to a flat with better sound insulation.

[splitter / judas]

:waitsforupdate:

[T_Pot]

if your mrs went up to ask him to stop walking around, and he was out.....how does that work ?

im not having a go mate at all, just i dont get if he was out, how was he making a noise?


for the rest of it, report it to the bib, if nothing else it may help you in future

[supermono]

She went up the next day, obviously not at 3am.

However, what's this racist thing? I'm unfortunate enough not to belong to any kind of minority meaning that when someone comes over and calls me an ass hole or ugly or something I have seem to have no redress. It's still an insult but I just have to deal with it. I *hate* this being able to play the race card.

This bloke's obvious a selfish scumbag who's into intimidation and harassment and for that he needs some sort of comeuppance, but let's not play this "ooohh, I've had a racist insult, lock him up someone" game.

Also, how come you sent her to do the dirty work?

SM

[Bing o]

T_Pot said:

if your mrs went up to ask him to stop walking around, and he was out.....how does that work ?

im not having a go mate at all, just i dont get if he was out, how was he making a noise?


for the rest of it, report it to the bib, if nothing else it may help you in future

He came back, then he went out and came back again.

Anyway, a very nice PC from the local nick came round, took a statement, reported it as a race crime (having remarked that I don't look asian in anyway!).

He's just been up there - told numpty that any further noise complaints will go strait to the management agency, and that he was to not approach me or my partner again. If he does, he will be sent a letter, and any further complaints will see him arrested.

The best line was that numpty hadn't called me an "asian prick" in a bad way - can someone enlighten me as to a good use of that phrase?

So, bit of a result - the PC even checked his car plates out - think he was dying for a reason to nick him!!

[T_Pot]

ahhh i see.

glad the bib have been and helped mate, fingers crossed thats the end of it

[Bing o]

T_Pot said:

ahhh i see.

glad the bib have been and helped mate, fingers crossed thats the end of it

I'm quite hoping it does carry on - I want the tt to do chokey - although as he admitted he was gay last night that may appear like a good outcome for him...

[Mr Robbo]

Am intrigued as to why you sent your other half to his place to remonstrate with him though. Ironically enough my neighbour, who also has a habit of causing a disturbance in the early hours, usually sends his girlfriend to answer the door when I am forced to complain about his behaviour.

So much for chivalry.

[mark69sheer]

Bing o said:

T_Pot said:

ahhh i see.

glad the bib have been and helped mate, fingers crossed thats the end of it

I'm quite hoping it does carry on - I want the tt to do chokey - although as he admitted he was gay last night that may appear like a good outcome for him...

not homophobic are you...?

you used tt and gay in the same sentence... hope you don't one day end up falling through the same thin ice that you just pushed the guy upstairs through...

You also want the trouble to continue?..... You seem to be looking for trouble..

Edited by mark69sheer on Saturday 16th February 16:36

[Bing o]

Mr Robbo said:

Am intrigued as to why you sent your other half to his place to remonstrate with him though. Ironically enough my neighbour, who also has a habit of causing a disturbance in the early hours, usually sends his girlfriend to answer the door when I am forced to complain about his behaviour.

So much for chivalry.

I've been up before, I wasjust too wound up not to say anything that I meant - luckily SWMBO is a little more calm than me.

[catso]

supermono said:

This bloke's obvious a selfish scumbag who's into intimidation and harassment and for that he needs some sort of comeuppance, but let's not play this "ooohh, I've had a racist insult, lock him up someone" game.

Indeed, playing the 'race card' smacks a bit of 'telling the teacher' the man may be an arse, either deal with it or don't but crying because someone calls you a name is a poor show IMHO.

[Taita]

ing hell, just smack him one and call it self defence in your own home.