Questions for our KB coppers

[spudchucka]

Is it illegal to yell abuse at people? Like if I lean out a cage window and shake my fist while voicefully discussing someones probable ancestry can I be arrested?

Offensive language or disorderly behaviour would be appropriate offences. Both are under the Summary Offences Act 1981, sections 3 & 4. If you want to look up legislation go here: http://www.legislation.co.nz

Do you think self defence should have more legal standing in NZ?

Self defence already has a strong legal standing under the Crimes Act 1961. Look up section 48 at the same web site. Problems arise through people not understanding how far they can take things before they become unreasonable.

Do you think our firearms laws are screwed up when its danged hard to get your license legally if you've ever had any trouble with the law (even relatively minor), but criminals always seem to have firearms anyways?

Haven't ever given this much thought but I would say I am happy that there is very rigid vetting of firearm licence applicants. Hardcore crims will always have firearms, even if guns were totally banned they would still find a way to aquire of produce their own. Thats a situation I would like to avoid, if guns were outlawed then only outlaws would possess them, not a good idea.

[Waylander]

Hey spud any idea how far someone can go if they catch another person in the midst of damaging thier property or trying to steal something of thiers? Would that be in the same area you listed above or would it be somewhere else?

[spudchucka]

Hey spud any idea how far someone can go if they catch another person in the midst of damaging thier property or trying to steal something of thiers? Would that be in the same area you listed above or would it be somewhere else?

Defence of property is covered in sections 52, 53, 54, 55 & 56 of the Crimes Act. You will note that in prety much all of these sections the right to protect property is capped by the words, "does not strike or do bodily harm to the trespasser" or something similar.

Section 35 gives everbody the power to arrest peopel found committing certain crimes.

35.Arrest of persons found committing certain crimes—

Every one is justified in arresting without warrant—

(a)Any person whom he finds committing any offence against this Act that is punishable by death or for which the maximum punishment is not less than 3 years' imprisonment:

(b)Any person whom he finds by night committing any offence against this Act.

The power to use force to effect an arrest is covered in section 39. The key points are that the arrest must be justified and the force used reasonable in the circumstances. This is the area of law that is very subjective, (the element of reasonableness), and that which most civilians would get wrong in most cases.

It would be best just to call the police unless iminent threat to peoples well being existed.

39.Force used in executing process or in arrest—

Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner:

Provided that, except in the case of a constable or a person called upon by a constable to assist him, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

Cf 1908 No 32 s 60

[Big Dave]

You want a question? Try this for size. Rep points for the correct answer (and yes, there is one).

If a millipede a pint,
And a centipede a quart,
What would a precipice?

A long drop.
bd

[Waylander]

Thanks mate. Still dont understand it but thats just me and government documents, never could understand them. Anyway thanks again, if I catch anyone trying to steal my bike I'll just knock them down and hold them till the police show up. If I can control my temper....

[spudchucka]

Thanks mate. Still dont understand it but thats just me and government documents, never could understand them. Anyway thanks again, if I catch anyone trying to steal my bike I'll just knock them down and hold them till the police show up. If I can control my temper....

If you can restrain him without killing or maiming him you should be ok.

[Waylander]

If you can restrain him without killing or maiming him you should be ok.

What about minor injuries such as black eyes, split lip and maybe a broken nose?

[Big Dave]

Why do fools fall in love?

or my favourite from the airport help counter in 'Flying High':
'should i fake my orgasms?'

bd

[Big Dave]

What about minor injuries maybe a broken nose?

I've had my nose broken 3 times - 1 football, 1 basketball and 1 lucky punch - none seemed minor at the time, and that pain paled when compared to the feeling of having the packing removed after surgery.
In fact exactly the type of thing you'd wish on someone stealing your bike.

bd

[Hitcher]

A long drop.
bd

The answer I was seeking was "quite a drop", but Big Dave is close enough. Rep given.

[Biff]

The answer I was seeking was "quite a drop", but Big Dave is close enough. Rep given.

Can we have another please Mr H? Pleeeeease can we, can we ?

[Waylander]

The answer I was seeking was "quite a drop", but Big Dave is close enough. Rep given.

Damn, was just about to say that no really I was... Ohwell got points for the "arse" I used in another post

[Big Dave]

The answer I was seeking was "quite a drop", but Big Dave is close enough. Rep given.

Running around office, arms in air, mouthing opening theme to 'Match of the day - with Jimmy Hill'

do-do-do, do-do-do-do-do, do.

On a roll - the 'RATS' had 'a podium' at the Cock n bull quiz night last evening too - White Trash even put in a guest apperance.

chz
bd

[spudchucka]

What about minor injuries such as black eyes, split lip and maybe a broken nose?

Hypothetically were they necessary and reasonable in the circumstances or were they simply for your own personal satisfaction?

[Waylander]

Hypothetically were they necessary and reasonable in the circumstances or were they simply for your own personal satisfaction?

Little of column A, little of column B...
Felt good doin it and the guy turned and swung at me before I did anything other than yell. Keep in mind this was back in texas where it was definately legal.