Australian Politics Forum - Domestic violence

ian

Gold Member

Offline

OzPolitic

Posts: 9451

Re: Domestic violence - it's complicated
Reply #255 - Jan 13^th, 2016 at 10:29am

Depending on the circumstances spitting in someones face could be construed as assault occasioning bodily harm or even attempted murder. Use of force designed to stop the person from repeating the action would be quite explainable and understandable legally. Certainly walking away and turning your back on an incident where someone is attempting to do you harm is pretty stupid.

Back to top

IP Logged

sir prince duke alevine

Gold Member

Offline

Australian Politics

Posts: 23619
Gender: male

Re: Domestic violence - it's complicated
Reply #256 - Jan 13^th, 2016 at 10:38am

ian wrote on Jan 13^th, 2016 at 10:29am:

Depending on the circumstances spitting in someones face could be construed as assault occasioning bodily harm or even attempted murder. Use of force designed to stop the person from repeating the action would be quite explainable and understandable legally. Certainly walking away and turning your back on an incident where someone is attempting to do you harm is pretty stupid.

I think we found our fake lawyer.

Back to top

Disclaimer for Mothra per POST so it is forever acknowledged: Saying 'Islam' or 'Muslims' doesn't mean ALL muslims. This does not target individual muslims who's opinion I am not aware of.

IP Logged

ian

Gold Member

Offline

OzPolitic

Posts: 9451

Re: Domestic violence - it's complicated
Reply #257 - Jan 13^th, 2016 at 10:50am

sir prince duke alevine wrote on Jan 13^th, 2016 at 10:38am:

ian wrote on Jan 13^th, 2016 at 10:29am:

Depending on the circumstances spitting in someones face could be construed as assault occasioning bodily harm or even attempted murder. Use of force designed to stop the person from repeating the action would be quite explainable and understandable legally. Certainly walking away and turning your back on an incident where someone is attempting to do you harm is pretty stupid.

I think we found our fake lawyer.

You need to educate yourself a little before posting. Theres plenty of precedent
Quote:

Common Assault
Common assault is defined in s 335 as any person who unlawfully assaults another person. An assault is unlawful unless it is authorised or justified by law, and the application of force can still be unlawful even if done with the consent of the other person.

The maximum penalty for common assault is 3 years.

An example of common assault would be pointing a loaded firearm at another, or pointing an unloaded firearm at another and pretending it is loaded (Brady v Schatzel [1911] St R Qd 206). Another example of common assault would be spitting on another person (R v Benson (QCA, No 304 of 1994, 22 August 1994, unreported)).

furthermore, if the person has a communicable disease, is aware of so and deliberately intends to pass that on through spitting as is sometimes the case

Quote:

Assault occasioning bodily harm
Assault occasioning bodily harm makes it an offence to unlawfully assault another person and thereby doing bodily harm. The maximum penalty for assault occasioning bodily harm is 7 years. However if the person is or pretends to be armed with an offensive or dangerous weapon or is in company of on or more other persons they will be liable for up to ten years imprisonment.

Bodily harm is defined to mean any bodily injury which interferes with health or comfort

http://www.awbrisbanelawyers.com.au/c-crime-assault-law-laws-lawyers-brisbane-charges-bodily-harm-wounding.html

Back to top

IP Logged

sir prince duke alevine

Gold Member

Offline

Australian Politics

Posts: 23619
Gender: male

Re: Domestic violence - it's complicated
Reply #258 - Jan 13^th, 2016 at 10:57am

ian wrote on Jan 13^th, 2016 at 10:50am:

sir prince duke alevine wrote on Jan 13^th, 2016 at 10:38am:

ian wrote on Jan 13^th, 2016 at 10:29am:

Depending on the circumstances spitting in someones face could be construed as assault occasioning bodily harm or even attempted murder. Use of force designed to stop the person from repeating the action would be quite explainable and understandable legally. Certainly walking away and turning your back on an incident where someone is attempting to do you harm is pretty stupid.

I think we found our fake lawyer.

You need to educate yourself a little before posting. Theres plenty of precedent
Quote:

Common Assault
Common assault is defined in s 335 as any person who unlawfully assaults another person. An assault is unlawful unless it is authorised or justified by law, and the application of force can still be unlawful even if done with the consent of the other person.

The maximum penalty for common assault is 3 years.

An example of common assault would be pointing a loaded firearm at another, or pointing an unloaded firearm at another and pretending it is loaded (Brady v Schatzel [1911] St R Qd 206). Another example of common assault would be spitting on another person (R v Benson (QCA, No 304 of 1994, 22 August 1994, unreported)).

furthermore, if the person has a communicable disease, is aware of so and deliberately intends to pass that on through spitting as is sometimes the case

Quote:

Assault occasioning bodily harm
Assault occasioning bodily harm makes it an offence to unlawfully assault another person and thereby doing bodily harm. The maximum penalty for assault occasioning bodily harm is 7 years. However if the person is or pretends to be armed with an offensive or dangerous weapon or is in company of on or more other persons they will be liable for up to ten years imprisonment.

Bodily harm is defined to mean any bodily injury which interferes with health or comfort

http://www.awbrisbanelawyers.com.au/c-crime-assault-law-laws-lawyers-brisbane-charges-bodily-harm-wounding.html

That wasnt what i was objecting to, fake lawyer.

Back to top

Disclaimer for Mothra per POST so it is forever acknowledged: Saying 'Islam' or 'Muslims' doesn't mean ALL muslims. This does not target individual muslims who's opinion I am not aware of.

IP Logged

ian

Gold Member

Offline

OzPolitic

Posts: 9451

Re: Domestic violence - it's complicated
Reply #259 - Jan 13^th, 2016 at 10:59am

sir prince duke alevine wrote on Jan 13^th, 2016 at 10:57am:

ian wrote on Jan 13^th, 2016 at 10:50am:

sir prince duke alevine wrote on Jan 13^th, 2016 at 10:38am:

ian wrote on Jan 13^th, 2016 at 10:29am:

Depending on the circumstances spitting in someones face could be construed as assault occasioning bodily harm or even attempted murder. Use of force designed to stop the person from repeating the action would be quite explainable and understandable legally. Certainly walking away and turning your back on an incident where someone is attempting to do you harm is pretty stupid.

I think we found our fake lawyer.

You need to educate yourself a little before posting. Theres plenty of precedent
Quote:

Common Assault
Common assault is defined in s 335 as any person who unlawfully assaults another person. An assault is unlawful unless it is authorised or justified by law, and the application of force can still be unlawful even if done with the consent of the other person.

The maximum penalty for common assault is 3 years.

An example of common assault would be pointing a loaded firearm at another, or pointing an unloaded firearm at another and pretending it is loaded (Brady v Schatzel [1911] St R Qd 206). Another example of common assault would be spitting on another person (R v Benson (QCA, No 304 of 1994, 22 August 1994, unreported)).

furthermore, if the person has a communicable disease, is aware of so and deliberately intends to pass that on through spitting as is sometimes the case

Quote:

Assault occasioning bodily harm
Assault occasioning bodily harm makes it an offence to unlawfully assault another person and thereby doing bodily harm. The maximum penalty for assault occasioning bodily harm is 7 years. However if the person is or pretends to be armed with an offensive or dangerous weapon or is in company of on or more other persons they will be liable for up to ten years imprisonment.

Bodily harm is defined to mean any bodily injury which interferes with health or comfort

http://www.awbrisbanelawyers.com.au/c-crime-assault-law-laws-lawyers-brisbane-charges-bodily-harm-wounding.html

That wasnt what i was objecting to, fake lawyer.

I have made no claims to be a lawyer, whats your issue?

Back to top

IP Logged

greggerypeccary

Gold Member

Offline

Australian Politics

Posts: 139586
Gender: male

Re: Domestic violence - it's complicated
Reply #260 - Jan 13^th, 2016 at 11:02am

... wrote on Jan 13^th, 2016 at 9:00am:

greggerypeccary wrote on Jan 12^th, 2016 at 10:44pm:

... wrote on Jan 12^th, 2016 at 3:21pm:

I'm sure if I spat in your face, I might expect a violent reaction.

Not everybody's family is like yours, Honk.

Some people know how to restrain themselves.

Yes some people do, most people do not. Whether they should or not is debatable.

Regardless ill just assume if i were to spit in someones face theyd probably have a go at me. Thus, i wont spit in anyones face.

But you feel free to, and when they break your jaw for it you can complain that theyre barbarians who cant restrain themselves. Itll be totally worth it.

Break my jaw?

That must be one hell of a loogie, Honk.

Back to top

IP Logged

... Gold Member Offline Posts: 23673 WA Gender:	Re: Domestic violence - it's complicated Reply #261 - Jan 13^th, 2016 at 11:09am Nah, one helluva weak chin.
Back to top	In the fullness of time... IP Logged

ian

Gold Member

Offline

OzPolitic

Posts: 9451

Re: Domestic violence - it's complicated
Reply #262 - Jan 13^th, 2016 at 11:11am

greggerypeccary wrote on Jan 13^th, 2016 at 11:02am:

... wrote on Jan 13^th, 2016 at 9:00am:

greggerypeccary wrote on Jan 12^th, 2016 at 10:44pm:

... wrote on Jan 12^th, 2016 at 3:21pm:

I'm sure if I spat in your face, I might expect a violent reaction.

Not everybody's family is like yours, Honk.

Some people know how to restrain themselves.

Yes some people do, most people do not. Whether they should or not is debatable.

Regardless ill just assume if i were to spit in someones face theyd probably have a go at me. Thus, i wont spit in anyones face.

But you feel free to, and when they break your jaw for it you can complain that theyre barbarians who cant restrain themselves. Itll be totally worth it.

Break my jaw?

That must be one hell of a loogie, Honk.

Its quite possible to contract hepatitis or some other disease by being spat on if some tiny fleck of spittle enters your eye. In fact thats the exact reason some offenders do spit in faces. Some of them deliberately bite their own lips first order to draw blood to make the attempt more successful.

Back to top

IP Logged

ian Gold Member Offline OzPolitic Posts: 9451	Re: Domestic violence - it's complicated Reply #263 - Jan 13^th, 2016 at 11:13am The last one who spat at me ate a mouthful of concrete for his trouble.
Back to top	IP Logged

greggerypeccary Gold Member Offline Australian Politics Posts: 139586 Gender:	Re: Domestic violence - it's complicated Reply #264 - Jan 13^th, 2016 at 11:16am ian wrote on Jan 13^th, 2016 at 11:13am: The last one who spat at me ate a mouthful of concrete for his trouble. Surprising to hear that someone would want to spit in your face.
Back to top	IP Logged

Aussie Gold Member Offline OzPolitic Posts: 38859 Gender:	Re: Domestic violence - it's complicated Reply #265 - Jan 13^th, 2016 at 11:16am The 'last one?' How many times have you been spat at?
Back to top	IP Logged

ian Gold Member Offline OzPolitic Posts: 9451	Re: Domestic violence - it's complicated Reply #266 - Jan 13^th, 2016 at 11:18am Aussie wrote on Jan 13^th, 2016 at 11:16am: The 'last one?' How many times have you been spat at? more than once. iii
Back to top	IP Logged

greggerypeccary Gold Member Offline Australian Politics Posts: 139586 Gender:	Re: Domestic violence - it's complicated Reply #267 - Jan 13^th, 2016 at 11:19am ian wrote on Jan 13^th, 2016 at 11:18am: Aussie wrote on Jan 13^th, 2016 at 11:16am: The 'last one?' How many times have you been spat at? more than once. Why would anyone want to spit in your face?iii
Back to top	IP Logged

ian

Gold Member

Offline

OzPolitic

Posts: 9451

Re: Domestic violence - it's complicated
Reply #268 - Jan 13^th, 2016 at 11:21am

greggerypeccary wrote on Jan 13^th, 2016 at 11:16am:

ian wrote on Jan 13^th, 2016 at 11:13am:

The last one who spat at me ate a mouthful of concrete for his trouble.

Surprising to hear that someone would want to spit in your face.

The aversion therapy worked quite well, I think we cured him of his spitting habit.

Back to top

IP Logged

Aussie Gold Member Offline OzPolitic Posts: 38859 Gender:	Re: Domestic violence - it's complicated Reply #269 - Jan 13^th, 2016 at 11:21am ian wrote on Jan 13^th, 2016 at 11:18am: Aussie wrote on Jan 13^th, 2016 at 11:16am: The 'last one?' How many times have you been spat at? more than once. iii What is it? Your good looks, wonderful and endearing personality, charm, polite and easy going non aggressive manner? Why would anyone spit on you?
Back to top	IP Logged