What constitutes assault in NZ?

[SuperDave]

I thought I would ask around as I'm sure that there will be a few KB members that have direct knowledge about this sort of thing. I was just wondering what is considered assault, enough to go to the police and lay an assault charge?

Does one actually have to have a black eye? Or be noticably cut or bruised up? I understand assault to be when someone makes an attack on you and you are not retaliating physically. But what I really want to know is what the law system considers to be assault.

Advice from those in the know would be greatly appreciated. Thanks

[StoneChucker]

What about self defence? If someone feels a person is trying to harm them severely, even kill them, is it not fair to defend yourself with equal force?

The law seems to favour the criminal, and not the law abiding, TAX PAYING decent citizen

[Jackrat]

That's a very hard question as it can come down to the personal feelings of the cop/cops you talk to.
In the case of a man on woman the line is very very fine.
In the reverse it might just be your tough luck if you happen to be the bloke.
If there are no witnesses and it's your word against theirs you might be out of luck as well.
Real sticky one,look forward to hearing form SD an Co' on this one.

[crashe]

I thought I would ask around as I'm sure that there will be a few KB members that have direct knowledge about this sort of thing. I was just wondering what is considered assault, enough to go to the police and lay an assault charge?

Does one actually have to have a black eye? Or be noticably cut or bruised up? I understand assault to be when someone makes an attack on you and you are not retaliating physically. But what I really want to know is what the law system considers to be assault.

Advice from those in the know would be greatly appreciated. Thanks

The way I understand it is: Say your neighbour and you had a wee agruement... say, over the dog, and say the neighbour grabbed you ... That can be classed as assault.

Reason: He/she put his/her hands on you. But you need to have independant witnesses. Not someone who lives with you... cos then in court it may not be valid.

So just grabbing or touching someone without their consent is assault...
Bashing one to the pulp is also assault...

So assault can be a devining line...

But go and talk to your local police officer and ask them to devine it as well.

[spudchucka]

Definition of assault from the Crimes Act 1961.

``Assault'' means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose

There are many grades of assault from minor to very serious. Generally, technical assaults where a person has been pushed around but not sustained any injuries are not often prosecuted but are usually dealt with by way of an official warning. However they should still be reported to police as they will be recorded for future reference should the person continue behaving in that manner. A person who does not heed police warnings may find themselves prosecuted if they continue behaving this way.

I hope this helps.

[SuperDave]

Well I am not planning on attempting to charge anyone with assault at present, but rather a recent incident that has happened prompts me to ask this question.
I just think its good to know where you stand and if the legal system will actually come to the innocents defense.

I am refering to male versus male situation, one where the offender in question has not been formally charged before, but has been witnessed as being violent in the past. And then if he does, say push it a bit too fair as in a punch to the face, would there be say reasonable arguement for filing an assault charge against him?

Also bear in mind that the victim (maybe not the best term) in this situation has not retaliated or used physical force and all physical violence has been directed in one direction. I would assume this kinda restraint speaks for something when it comes to the decision?

[SuperDave]

There are many grades of assault from minor to very serious. Generally, technical assaults where a person has been pushed around but not sustained any injuries are not often prosecuted but are usually dealt with by way of an official warning. However they should still be reported to police as they will be recorded for future reference should the person continue behaving in that manner. A person who does not heed police warnings will find themselves prosecuted if they continue behaving this way.

I hope this helps.

Thanks mate, that helps a lot.

[spudchucka]

A punch to the face is an assault. No two ways about it. My only reservation is that often we deal with people that have been "assaulted" only to find out through investigation that the incident was a fight, (two willing parties trading blows) and the pussy making the complaint lost the fight. (I'm not saying this is what happend in this case)

Prosecution still requires supporting evidence such as willing independant witnesses, physical evidence of an assault such as injuries to the victim, torn clothing, skinned knuckles on the alleged offender etc etc. If it is historic, (it happened some time ago) I wouldn't hold out too much hope for a prosecution.

[Krayy]

Does this apply to school kids as well? My nephew is getting bullied at school and the teachers arent doing a damn thing about it. If we could lay charges on the bully and/or the parents, we'd probably have more luck.

[spudchucka]

Does this apply to school kids as well? My nephew is getting bullied at school and the teachers arent doing a damn thing about it. If we could lay charges on the bully and/or the parents, we'd probably have more luck.

You won't get charges laid against a juvenile unless it is a serious assault; even then it goes to the Youth Court or is dealt with by way of a family group conference where every one sits around blowing hot air up the little bastards arsehole

By all means report it to the cops if the school isn't dealing with it though, the Youth Aid Section will get involved with the little brat and hopefully get him on the right track before it gets to that level.

[zadok]

Assault is put fairly simply is applying force to a person without their consent.
This can be by a bodily attempt or even act or gesture to threaten to apply force if they have the means to do it. ie iron bar in hand and nothing between you and the person to stop them using it.
Includes using heat, electrical energy, odour etc.

If you use self defence, you can only use up to equal force to defend yourself. If you have subdued the attacker, then carry on stoving his head in, then you have assaulted the attacker. Might not seem fair in some peoples eyes , but that is the law.

This is based on Oz, but I don't think there will be any difference.

In my job I have found that the mouth is your best form of defence (if you know how to use it).
'Verbal Judo' baby, yeah!

[Skyryder]

In my job I have found that the mouth is your best form of defence (if you know how to use it).
'Verbal Judo' baby, yeah!

And if that don't work use your legs together and in tandom.

Skyryder

[FROSTY:Me]

mind you is Helen and her troops get their way smacking your child will be deemed assault.
Ohh it gets better -assault by definition is also To detain against their will.
so If I put my kid in the corner or pick him up to put him to bed then that would be deemed assault. Normally a non issue but in the case of a marital split where any amunition can and is used.........

[RiderInBlack]

Ohh it gets better -assault by definition is also To detain against their will. so If I put my kid in the corner or pick him up to put him to bed then that would be deemed assault.....

Would that not come under "False Imprisonjment". This tort is defined as:
An unlawful and unjustified detention of a person which restrists teir freedom of movement, although it need not necessarily cause physical harm. This includes such actions as unlawful arrest, or preventing someone from leaving a room r premises (p34 of "A guide to the law for urses and Midwives" 2nd ed.)
It's one we had to watch ourselves on as Nurses if a patient was trying to leave the Hospital against the advise of the Doctors and Nurses. Only a patient under The Mental Health Act could be detained.

[marty]

Does this apply to school kids as well? My nephew is getting bullied at school and the teachers arent doing a damn thing about it. If we could lay charges on the bully and/or the parents, we'd probably have more luck.

i suggest you ask to see the school policy on bullying - will be available at the office, and they are required under NAG 5 to have this policy. if they are not complying with their own policy, point it out to them, and if it carries on, cc a letter to the school BOT and the MOE, as it is a senior management performance issue