Not exact matches
The
only element of a felony
assault charge that his defense might be able to argue against was intent to cause
physical injury but unless they go for an incapacity defense that's going to be a hard sell to a jury because
only a total retard would believe that hurling a heavy metal dolly through a glass bus window wouldn't likely result in harm to someone.
Gay men, by contrast, not
only need to deal with the potential embarrassment involved with approaching a straight man and assuming he's gay, they also need to worry for their
physical safety, as even though we live in a more accepting environment than we ever have before, it's not like gay men aren't still
assaulted for making an incorrect guess about a man's sexuality (or a man's comfort with his sexuality).
(2) Deadly
physical force may be used
only if a person reasonably believes a lesser degree of force is inadequate and: (a) The actor has reasonable ground to believe, and does believe, that he or another person is in imminent danger of being killed or of receiving great bodily injury; or (b) The other person is using or reasonably appears about to use
physical force against an occupant of a dwelling or business establishment while committing or attempting to commit burglary as defined in sections 18-4-202 to 18-4-204; or (c) The other person is committing or reasonably appears about to commit kidnapping as defined in section 18-3-301 or 18-3-302, robbery as defined in section 18-4-301 or 18-4-302, sexual
assault as set forth in section 18-3-402, or in section 18-3-403 as it existed prior to July 1, 2000, or
assault as defined in sections 18-3-202 and 18-3-203.
Defence Lawyer Joseph Neuberger broke down the two statements and provided the Crown with a chart demonstrating material inconsistencies that supported the defence position that the
only physical contact was for protection of the complainant and not an
assault.
In the case of an
assault, for example, you do not need to show that a person's action caused you actual
physical harm, but
only that you expected some harm to come to you.
In cases where the accused's language and behavior are part of
assault charge, then the State must demonstrate that the victim perceived his language and behavior as a threat to the
physical well being of the victim (it
only counts if you can prove what was said was a threat of imminent lawless action.
Violence not
only manifests as
physical or sexual
assault, but also as the exercise of power and control which may include direct or indirect threats, emotional and psychological abuse, economic control, property damage and social isolation.
Acts of family violence not
only include
assault and
physical injury, but also sexual
assault, threats (direct and indirect), controlling access to money, damaging property, social isolation, emotional and psychological torment and any behaviour which causes a person to live in fear.
By contrast, Aboriginal and Torres Strait Islander men who experienced both
physical threat and
physical assault in the 12 months prior to interview were equally likely to have reported their most recent incident of
physical threat to the police as men who had
only experienced
physical assault during the 12 months prior to interview (23 % and 22 % respectively).
Aboriginal and Torres Strait Islander women who had experienced both
physical threat and
physical assault in the 12 months prior to interview were significantly more likely to report their most recent incident of
physical threat to the police than women who had
only experienced
physical threat (47 % compared to 34 %).