I need to know....

[kickinit]

I'm wondering, if someone was suspected of committing a crime, lets just say they pinched something from a shop, and was grabbed by a policeman while trying to escape. Using your "logic" kickinit, the thief should be able to claim assault as they would .."reasonably object to the contact in the circumstances"...

Is that your thinking...?

Trying to escape is from police is totally different to this situation.

[Brodlach]

Love how you can summon them like that with this new technology.

I might order a pizza, see if it gets here before the clown comes back.

Who won?

[dedja]

Just like rubbing a lamp ...

[RB]

The Klown. Still waiting on pizza.

[Jase]

I'm wondering, if someone was suspected of committing a crime, lets just say they pinched something from a shop, and was grabbed by a policeman while trying to escape. Using your "logic" kickinit, the thief should be able to claim assault as they would .."reasonably object to the contact in the circumstances"...

Is that your thinking...?

Trying to escape is from police is totally different to this situation.

Ok, so they are not trying to escape, they have committed a crime and are not following police instructions, can the police touch/restrain the person in question if they feel it is a matter of safety for themselves, the person in question or even the greater public?

Serious questions...

[RB]

I'm wondering, if someone was suspected of committing a crime, lets just say they pinched something from a shop, and was grabbed by a policeman while trying to escape. Using your "logic" kickinit, the thief should be able to claim assault as they would .."reasonably object to the contact in the circumstances"...

Is that your thinking...?

Trying to escape is from police is totally different to this situation.

Ok, so they are not trying to escape, they have committed a crime and are not following police instructions, can the police touch/restrain the person in question if they feel it is a matter of safety for themselves, the person in question or even the greater public?

Serious questions...

If they are a danger to anyone, then absolutely, so long as the restraint etc. is reasonably proportionate to the danger.

[kickinit]

Lol at least quote the whole thing:

(2) However—
(a) conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life cannot amount to an assault; and
(b) conduct that is justified or excused by law cannot amount to an assault.

And that's not even considering self-defence. It really amazes me how you've convinced yourself not merely that he might be guilty, but that he's definitely guilty. Clearly you know nothing about the law of assault, or the criminal procedure, including examination and cross-examination of all witnesses, the burdens of proof, the realities of policing and the difficult people the police have to deal with.

Are you seriously of the opinion that a policeman, or civilian for that matter, ought not to be allowed to put their hand out in front of them to maintain distance from an aggressor? Even by your lofty standards what you're saying is absurd.

a- walk around town putting your hands on people and see how long you last.
b- Justified by the law? the officer said it was ok for him to remove the keys from the car. he had no reason what so ever to touch him at that point. Would you expect a officer to put their hands on you at a RBT or if you got caught doing 10km/h over the speed limit? Do you really think someone is going to do a runner over a defect notice when they already have your details. For some reason if he had doubt over him doing a runner why did he give the ok to remove the keys?

I think your referring to a different part of the situation. The assault isn't when the officer ask to him to move away (which he also did at the request of the officer) it's when he is removing the keys from the car. This incident also took place before the one your referring to. Also aggressor really? If a cop can't handle someone raising their voice after they just assaulted them then maybe it's time to leave the force.

[RB]

Wow. If you think pulling the keys out of the car constitutes an assault, you really are a waste of my time. I think I hear the pizza man...

[dedja]

This officer who you say should leave the force is the same one who probably saved a few lives when he escorted a runaway truck on the SE Freeway recently.

Bloody discrace to the force he is.

[kickinit]

I'm wondering, if someone was suspected of committing a crime, lets just say they pinched something from a shop, and was grabbed by a policeman while trying to escape. Using your "logic" kickinit, the thief should be able to claim assault as they would .."reasonably object to the contact in the circumstances"...

Is that your thinking...?

Trying to escape is from police is totally different to this situation.

Ok, so they are not trying to escape, they have committed a crime and are not following police instructions, can the police touch/restrain the person in question if they feel it is a matter of safety for themselves, the person in question or even the greater public?

Serious questions...

If they feel it is a matter of safety or if they will run then yes. Having your back to the officer and doing what he has said is ok doesn't give him any right what so ever.

[kickinit]

Wow. If you think pulling the keys out of the car constitutes an assault, you really are a waste of my time. I think I hear the pizza man...

Never said that. The officer gave him the ok the remove the keys, when he turned his back on the officer to remove the keys (remember the officer said it was ok) thats when the officer assaulted him.

[Jase]

Did the officer request that the keys be removed by the cars owner? or did he ask/tell the owner to stay out of the car?

Sorry just saw your earlier response.. please disregard my question...

[RB]

What do you mean specifically by 'assaulted him'?

[kickinit]

This officer who you say should leave the force is the same one who probably saved a few lives when he escorted a runaway truck on the SE Freeway recently.

Bloody discrace to the force he is.

So it's ok he assaulted someone because he did something a couple of years after the event. Is this what you are resulting to now that I've proven (with actual facts) that you are wrong?

Maybe you should go back to the SANFL thread and answer the question UKfan has for you. Or are you waiting to make up some other crap for those answer's?

[Jase]

Part B man part B

[kickinit]

What do you mean specifically by 'assaulted him'?

Intentionally made physical contact

[RB]

I mean what did he do? Push him? If so where?

[dedja]

... Is this what you are resulting to now that I've proven (with actual facts) that you are wrong?

[bennymacca]

[kickinit]

I mean what did he do? Push him? If so where?

Grab him on the shoulder, forcing him to lose his balance.