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Sun 30 Oct, 2005 03:54 am
If I bash up one of my co-workers at my workplace because he is insulting me for not being competent enough, can I get charged for his assault? Or can I say I am just defending my own rights?
OR how can I make look like a mutual fight when I know that I will never get hurt if I start a fight with him.
Any authentic legal advice would be greatly appreciated
I know nothing of Australian law. I can say though, that a physical rejoinder to a verbal assault is never an excuse.
Quote:If I bash up one of my co-workers at my workplace because he is insulting me for not being competent enough, can I get charged for his assault?
Yes.
If you manage to inflict any lasting damage the charges will be even greater. Single combat is no longer accepted as a way to settle personal problems.
No one here is going to offer you tips on how to injure someone else and get away with it.
james -you will be charged with common assault or something even more serious if you injure the person. You would probably be convicted because you have no defence to speak of. You would then have a criminal record. You would then be sued by your victim and damages awarded against you.
On balance I'd say you would be well advised not to do it.
You have just caused me pause to ask.... Is he right about the incompetence? Anyhow, physical violence is not justified in any case. If you were not afraid of the consequences, you would not have asked the question here.
Jamesw84: Assault and battery is what you'd be charged with if you do physical harm to anyone.
It is called by different names in different countries,but it amounts to the same thing:(1) harm
and injury to your co-worker (2) shame and disgrace for you and your family(3) being fired from your job (4) arrest and time in jail before your indictment, (5) the chance that a judge/magistrate will deny bail (6) trial conviction,and jail sentence. Do you want that just because of a co-worker ? If someone on your job is saying bad things about you,and you are absolutely certain that those things aren't true,the proper recourse for you is to speak with your supervisor,or human resources person about the matter.
james - just following on - words - however harsh - are not a defence to a criminal charge of assault. So even if you were being insulted about your competence at work (or anything else for that matter) that isn't a justification for an assault. If you are having problems with a co-worker then you need to report this to your supervisor. If the problem is with a supervisor then you need to report it to his or her supervisor/manager.
This is the law in your State:
Quote:CRIMES ACT 1900 - SECT 61
Common assault prosecuted by indictment
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.
Intrepid wrote:You have just caused me pause to ask.... Is he right about the incompetence? Anyhow, physical violence is not justified in any case. If you were not afraid of the consequences, you would not have asked the question here.
I got a new part time job, of course there are things that I dont know....doesnt mean this dude has to bag me out about it when everyone else is happy with my efforts
lindatw wrote:Jamesw84: Assault and battery is what you'd be charged with if you do physical harm to anyone.
It is called by different names in different countries,but it amounts to the same thing:(1) harm
and injury to your co-worker (2) shame and disgrace for you and your family(3) being fired from your job (4) arrest and time in jail before your indictment, (5) the chance that a judge/magistrate will deny bail (6) trial conviction,and jail sentence. Do you want that just because of a co-worker ? If someone on your job is saying bad things about you,and you are absolutely certain that those things aren't true,the proper recourse for you is to speak with your supervisor,or human resources person about the matter.
Its just that Ive wanted to hit people over the course of my entire life in Australia, but never got the balls to do it, throughout childhood and throughout high school where I faced a lot of injustices, times when assault had no serious consequences. Now when Im finally trained in the art of maiming, the consequences mean I cant use it to teach somebody a lesson they seriously deserve.. How dissapointing it is to me .....
If I do a few punches to someone's torso, how can I get convicted if theres no other witnesses and theres no evidence? ITs just his word against mine. I can say he started it if he decides to report this.
James--
Quote:If I do a few punches to someone's torso, how can I get convicted if theres no other witnesses and theres no evidence? ITs just his word against mine. I can say he started it if he decides to report this.
The damage you inflict will speak against you.
Jamesw84
You sound very young and very immature.
Jamesw84:( The further you go in this thread,the more concerned I become for your emotional well-
being. Under all circumstances it is absolutely wrong to do what you plan. You could easily give your victim internal injuries that any doctor can detect and testify to at your trial. Any assault can lead to a delayed reaction or injury,or death to your victim. Does this person's family deserve to be deprived of him in their lives,especially at the hands of someone who assaulted him over a job dispute? Does your family deserve to be deprived of you in their lives ?
I'll be the first person to say I don't know much about martial arts,but I do know,that none of your teachers instructed you for the purpose of giving you the ability to commit bodily harm to any one.
James,for the sake of yourself,and all concerned,do not do this thing you've mentioned.and do not delay in getting the counselling you need !!!
A good sensei would have made it very clear to you that attacking an untrained man for any reason is an affront to the martial arts--or do you think you're entitled to ignore that part of the training?
Jamesw84 wrote:If I do a few punches to someone's torso, how can I get convicted if theres no other witnesses and theres no evidence? ITs just his word against mine. I can say he started it if he decides to report this.
It may or may not be only his word against yours .... but you do realize the judge or jury presiding at your battery trial may just believe his word? In which case convicted you will be.
lindatw wrote:Jamesw84:( The further you go in this thread,the more concerned I become for your emotional well-
being. Under all circumstances it is absolutely wrong to do what you plan. You could easily give your victim internal injuries that any doctor can detect and testify to at your trial. Any assault can lead to a delayed reaction or injury,or death to your victim. Does this person's family deserve to be deprived of him in their lives,especially at the hands of someone who assaulted him over a job dispute? Does your family deserve to be deprived of you in their lives ?
I'll be the first person to say I don't know much about martial arts,but I do know,that none of your teachers instructed you for the purpose of giving you the ability to commit bodily harm to any one.
James,for the sake of yourself,and all concerned,do not do this thing you've mentioned.and do not delay in getting the counselling you need !!!
I am merely pondering the possibility.... I wont do it for real I hope
james, i hope you get charged and convicted. We don't need people like you running around and I think you need a lesson in right and wrong.
I was actually a victim of an assult and battery, and you can bet your ass I pressed charges. Lucky for me, I had the physical evidence that the police generously took photos of, but even so, the end was my word against theirs. And guess who won?
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