bigfluffylemon wrote:Is it possible for both parties to a brawl to be charged with common assault (or aggravated assault depending on injuries) on one another? Or is there by definition an aggressor and a victim?
Without spending 16 pages explaining it, its possible, but unlikely. If there is no witnesses and it cant be told who started it, then its a perfect grounds for affray. If its OAP, then its assumed there is an initial victim and aggressor, which makes the defence of self-defence much more likely for the initial victim to be successful. Id guess, the most likely scenario is where the initial aggressor starts the trouble, but the person deemed the victim ends up gaining the strong upper hand. In this scenario, its likely that the second person has expended their right to argue self-defence, so both commit an assault.
Much like our case here. Ben doesnt instigate it, but he certainly goes past the point of self defence. Hence, with CCTV images that show the extent and brawl quite clearly, and each interaction to it, its surprising this isnt the result in this case.