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.