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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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Re: Tasers are not toys [Re: Irdamage]
    #10552720 -

this is that pastor getting tazed, just like being there



:eek:


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Re: Tasers are not toys [Re: Irdamage]
    #10552753 -

i'd be really interested to know what a person would be charged with if they tased a cop?

http://www.armstronglegal.com.au/web/page/Assault_Police
Assault Police Charge - Lawyer / Solicitor Article.

Criminal Law Article written by: Lionel Rattenbury (criminal defence lawyer specialising in assault matters)

The Law - Assault Police - Law – Lawyer / Solicitor Article

Section 60 of the Crimes Act 1900 states:

  1. Any person who assaults, stalks, harasses or intimidates a police officer while in the execution of the officer‘s duty, although no actual bodily harm is occasioned to the officer, is liable to imprisonment for 5 years.
  2. Any person who assaults a police officer while in the execution of the officer‘s duty, and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.
  3. Any person who maliciously by any means: (a)    wounds a police officer, or (b)    inflicts grievous bodily harm on a police officer, while in the execution of the officer‘s duty is liable to imprisonment for 12 years.
  4. For the purposes of this section, an action is taken to be carried out in relation to a police officer while in the execution of the officer‘s duty, even though the police officer is not on duty at the time, if it is carried out: (a)    as a consequence of, or in retaliation for, actions undertaken by that police officer in the execution of the officer‘s duty, or (b) because the officer is a police officer.

Maximum Penalty - Assault Police - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Assault and other actions against Police Officers is 5 years imprisonment.
What the Police must prove - Assault Police - Lawyer / Solicitor Article

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused assaulted, stalked, harassed or intimidated a police officer, or assaulted occasioning actual bodily harm, or maliciously wounded or maliciously inflicted grievous bodily harm on a police officer.
  2. At the time the Police officer was in the execution of his/her duty.

It will be necessary for the Police in every offence to prove that the
accused was the person who committed the offence. Click here to learn
more about identification evidence.
Possible Defences - Assault Police - Defences – Lawyer / Solicitor Article

Possible defences to this offence include but are not limited to

    * Duress
    * Necessity
    * Self Defence

What court is likely to hear the matter - Lawyer / Solicitor Article
An offence under Section 60(2) is a Table 1 offence which means that either the DPP

or an accused can elect to have the matter dealt with in the District Court.  If no election is made it will be dealt with in the Local Court.

An offence under Section 60(1) is a Table 2 offence which means that the DPP can  elect to have the matter dealt with in the District Court.  If no election is made it will be dealt with in the Local Court.

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i'd like to know if we'd be charged with #3:inflicting grievous bodily harm punishable by 12yrs if we used a taser on a cop or would it be just common assault?

think a tazed cop would classify himself screaming in agony and dropping to the ground like a stiff pole commonly assaulted?

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Re: Tasers are not toys [Re: filthee]
    #10553321 -

given that tasers can have lethal effects, you'd probably be
charged with attempted murder if you used one on a cop

turns out the only way the waffle house incident came under investigation is when the guy filed a lawsuit

http://www.wsbtv.com/news/19795724/detail.html


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Re: Tasers are not toys [Re: Prisoner#1]
    #10553330 -

fuck yeah i never thought of that,thats life too

they're lying hypocrites

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Unfolding Nature Shop: Unfolding Nature: Being in the Implicate Order

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