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bobAlike
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« on: March 08, 2013, 11:29:53 AM » |
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According to a chat with a policeman yesterday if someone, during an arguement, says 'I'm going to stab you' or 'I'm going to bring 10 men down to sort you out' it wont be considered as a threat if the person the comment is aimed at is not scared.
This totally baffled me. Not sure if it's just a case of Britains finest shirking responsibility or it is actually the case.
Maybe the Rumpole of Blondepoker will be able to answer.
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Ah! The element of surprise
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kinboshi
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« Reply #1 on: March 08, 2013, 11:58:03 AM » |
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Doesn't the threat have to be 'credible'? So if someone doesn't think the person doing the threatening is serious (and are therefore not scared by it) it isn't a credible threat?
Need Robert to answer this one.
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'The meme for blind faith secures its own perpetuation by the simple unconscious expedient of discouraging rational inquiry.'
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bobAlike
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« Reply #2 on: March 08, 2013, 12:07:57 PM » |
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I see where you're coming from but lets just say if an unknown scrawny 20 something year old lad came up to you and said I'm going to stab you just, because you could normally handle this kid does this mean it's still not a credible threat?
How about the other threat of coming back with 10 other men to 'sort you out', you could happily handle the lad but 10 more might not be quite as easy.
Ok lets add that you know this lad has previously be a guest of Her Maj, you do not know what for though.
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Ah! The element of surprise
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leethefish
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« Reply #3 on: March 08, 2013, 12:31:15 PM » |
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Ten ain't a threat !!
Maybe 12!
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millidonk
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« Reply #4 on: March 08, 2013, 12:43:06 PM » |
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When it's ajar!! oh no wait, that's a door.
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RED-DOG
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« Reply #5 on: March 08, 2013, 12:52:46 PM » |
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When you tell your burd you're going to roger her to death, it isn't a credible threat.
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The older I get, the better I was.
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bobAlike
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« Reply #6 on: March 08, 2013, 01:08:22 PM » |
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When you tell your burd you're going to roger her to death, it isn't a credible threat.
Ok, but if you said you were going to roger her to death and she dies and somebody heard you say it would it be premeditated murder? |
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Ah! The element of surprise
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bobAlike
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« Reply #7 on: March 08, 2013, 01:09:56 PM » |
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Ten ain't a threat !!
Maybe 12!
For us non forces types 10 might be too much, we are not all heroes mate |
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Ah! The element of surprise
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rfgqqabc
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« Reply #8 on: March 08, 2013, 01:14:37 PM » |
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Ten ain't a threat !!
Maybe 12!
For us non forces types 10 might be too much, we are not all heroes mate I hope we are on about pints because my line is about 0.85 if not! The line is 5.5 for pints tho  |
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[21:05:17] Andrew W: you wasted a non spelling mistakepost?
[21:11:08] Patrick Leonard: oll
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celtic
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« Reply #9 on: March 08, 2013, 05:05:31 PM » |
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Could you imagine how many police hours would be wasted if every threat had to be investigated?
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Keefy is back  But for how long? |
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millidonk
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« Reply #10 on: March 08, 2013, 05:10:29 PM » |
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Could you imagine how many police hours would be wasted if every threat had to be investigated?
Stfu before I do you in. Countless hours.. |
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bobAlike
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« Reply #11 on: March 08, 2013, 06:02:31 PM » |
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Could you imagine how many police hours would be wasted if every threat had to be investigated?
Is it still a waste of hours even if just 1 life is saved? |
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Ah! The element of surprise
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MintTrav
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« Reply #12 on: March 08, 2013, 06:50:05 PM » |
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When you tell your burd you're going to roger her to death, it isn't a credible threat.
Ok, but if you said you were going to roger her to death and she dies and somebody heard you say it would it be premeditated murder? My father was on a jury where the only evidence against the defendant was that he had had a row and everyone in the pub had heard him tell the other guy that he would kill him. The guy was found murdered later that night. The jury accepted that he was just using a common expression rather than intending it literally and gave a Not Guilty. |
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Tal
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« Reply #13 on: March 08, 2013, 06:55:43 PM » |
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This is a really interesting bit of the law from an academic point of view, but a blinking nightmare from a victim point of view. Assault is not the same as battery. There's a general name that covers the two: "common assault". If you punch me, that's battery. If you raise your fist and say "I'm gonna teach you a lesson you ain't never gonna forget, boy" like a 1995 WWF wrestler, that's assault. Assault is putting someone in fear of immediate personal violence. In 1669 [insert Tikay gag here], a case came before the court where a man had said "If it were not [peace] time, I would not take such language from you". The response from t'other chap was to stab him in the eye with his sword. Was it self defence? The court said no, because the victim was saying he wasn't going to hurt him; just that he would have, had it not been peace time. http://www.bailii.org/ew/cases/EWHC/KB/1669/J25.htmlhttp://en.wikipedia.org/wiki/Tuberville_v_Savage |
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"You must take your opponent into a deep, dark forest, where 2+2=5, and the path leading out is only wide enough for one"
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tikay
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« Reply #14 on: March 08, 2013, 07:07:03 PM » |
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^^^^
Superb.
I have always wondered the legal difference between " assault" and "battery".
Why is it that we so often hear of folks being charged with assault, or "assault and battery", but almost never " battery"?
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All details of the 2016 Vegas Staking Adventure can be found via this link - http://bit.ly/1pdQZDY (copyright Anthony James Kendall, 2016). |
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