what's the legality of this situation?

[k14]

Depends how badly you beat him. If you beat him into a pulp so that he is a vege for the rest of his life then you could just say that when he saw you he started running, but in the process slipped and hit his head on the pavement and then rolled down a flight of stairs, umm, that would do.

[Aaron]

I believe you could easily be charged with assault, possibily something along the lines of 'intent' as well (if you really let him have it, intent to injur I think). Of course the little shit would conversely be charged with tampering with private property, (not theft I don't think because he never actually stole it).

Like alarumba said, unfortunately the justice system here is geared towards the criminal so it could all turn gooey... (the bad kind).

Personally, I would beat them so hard they'd never walk again, let alone steal a bike. Then depending on the circumstances and if the adrenialin wasn't pumping too hard that I couldn't ride, simply go home. If someone gets your number and gives it to the police, (if they're called), you're still only going to be done for assault, not fleeing the scene or anything as there wasn't an accident.

Honestly, I think you'd have some pretty anal retentive witnesses if they called the cops on you for trying to keep your property yours.

What's an assult charge in the scheme of things

At the end of the day it's probably upto the police, and who knows you might get a sympathatic bike lover who... loses the paper work

In summary, I wouldn't fret over it. Just be thankful you didn't arrive a couple of minutes later and were able to exact some justice the govenment couldn't

Oh, and class points for starting the fight with something like... "You're in a world of hurt...I'm gonna beat you seven shades of shit!"

[White trash]

I was thinking also, maybe bundle him up and deliver him personally to the cops.

[Motoracer]

Ooooh oooh, I know!

burnt out on his balls?

[**R1**]

Well last xmas i cought 2 young punks going through the wifes car...so i grabbed one of the little pricks be the hoody and removed him from the car rather quickly, not sure how but he cracked his head open on the door, then i dragged the lil fucker to the fone and rang the coppers, now while waiting the hour it took them to get there i had my knee in his throat, so's he couldnt hurt himself anymore(coz im nice like that) he started turning funny colours also(not sure y :spudwhat: ) anyway while waiting i would give this lil bitch a slap now and them to make sure he didnt fall asleep as he may of had concusion(sp)(i truly am a nice guy) well the nxt day the coppers charged me with assult, but the cop i delt with said he would have the young punk i cought drop charges for a lesser penalty, so in the end he got away with community service and i got off....still burns me tho

[Death 'N' Taxes]

You could do that. Citizen's arrest in all.

There are some funny restrictions on it though under the Crimes Act.
sections 35 - 37 about cover it think (if anyone is bored enough to look it up)

[White trash]

Well last xmas i cought 2 young punks going through the wifes car...

Some bird actually married you?

[Blakamin]

I was thinking also, maybe bundle him up and deliver him personally to the cops.

I'd be tempted to deliver him somewhere else but there just aren't enough mine shafts around here (and if he had no idea who you were, whats he gunna do when it takes him 2 days to come back from the bush????? "I went to steal a bike but the guy caught me and took me out the bush and I had to walk back" )

[Skunk]

Some bird actually married you?

and I've met YOU WT

[bugjuice]

hell, no body = no case. one less fuker out there..

[**R1**]

Some bird actually married you?

yeah but i have to share with other birds, 3 is such a crowd I never have her all to myself ...boo hoo poor me

[moko]

If there`s no witnesses make sure you`ve got some kind of bruise,dont hit yourself too hard,then phone the cops,not only did he try lifting your bike but he attacked you when you confronted him,definate case of self-defence.

[Hitcher]

Presumably the case you describe, WT, was one of theft and not bailiffs or others authorised by the Court to uplift/repossess goods?

If it was the latter, then you may be in some strife legally.

If it was the former, then you may still be in strife, depending on how the Court may interpret "reasonable force". I didn't think that it was possible to catch crims in the act? Well done!

[Biff]

yeah but i have to share with other birds, 3 is such a crowd I never have her all to myself ...boo hoo poor me

dude - even your bananas have stopped dancing in shock at that statement (you lucky, lucky, bastard)

[liferocks]

According to 35 & 36 of the crimes act. You are allowed to arrest him yourseld (with reasonable force) only if stealing your bike has a minimum sentence of 3 years (or the death penalty :sly: )
Or if its at night. So then you can go for it if he's done pretty much anything.
Although you are only immune from criminal responsibility, not civil, so he can still sue you for emotional damage or messing up his hair or what ever.