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Thread ID: 96706	2009-01-20 00:02:00	MP	Sweep (90)	PC World Chat

Post ID	Timestamp	Content	User
740337	2009-01-20 00:02:00	home.nzcity.co.nz I hope Paula Bennet did not lay a hand on any person. If so then that is a technical assault and according to law she should be charged if there is enough evidence. Personally I think we should all step in and fix the community problems New Zealand has. I don't want to go the vigilante way but I think it is time every person had an RFID Chip implanted and also DNA samples should be taken at birth in any event. Sometimes a child does not know its Father and at times it would appear that the Mother is not really sure either. We all live next door to someone and would it not be best to just get on with whomever they are?	Sweep (90)
740338	2009-01-20 01:45:00	I hope Paula Bennet did not lay a hand on any person. If so then that is a technical assault Really? A technical assault? Which law is this? and according to law she should be charged if there is enough evidence. Again, which law says this?	Deane F (8204)
740339	2009-01-20 01:49:00	home.nzcity.co.nz I hope Paula Bennet did not lay a hand on any person. If so then that is a technical assault and according to law she should be charged if there is enough evidence. Personally I think we should all step in and fix the community problems New Zealand has. I don't want to go the vigilante way but I think it is time every person had an RFID Chip implanted and also DNA samples should be taken at birth in any event. Sometimes a child does not know its Father and at times it would appear that the Mother is not really sure either. We all live next door to someone and would it not be best to just get on with whomever they are? She was just using reasonable force to try and stop injury to any of them! Ken	kenj (9738)
740340	2009-01-20 04:23:00	How is physically pulling two people apart from a fight an assault? If she is somehow charged for anything relating to her action, then this country is even more ****ed up, justice wise, than I thought.	qazwsxokmijn (102)
740341	2009-01-20 18:03:00	How is physically pulling two people apart from a fight an assault? If she is somehow charged for anything relating to her action, then this country is even more ****ed up, justice wise, than I thought. I agree.People now are so afraid of being charged with some "crime" because of our pc laws.	Neil McC (178)
740342	2009-01-20 18:52:00	Good on her, feisty girl will make a good MP and minister. Also good on John Key for picking her. I guess thousands of other woman walking past wouldn't have intervened.	prefect (6291)
740343	2009-01-20 22:05:00	Really? A technical assault? Which law is this? Again, which law says this? According to this report a certain Judge thinks there is such a thing as a technical assault:- www.nzherald.co.nz Also the Police are sworn to uphold the laws of New Zealand. From Wikipedia: Police Oath “I, [name], do swear that I will well and truly serve our Sovereign Lady the Queen in the Police, without favour or affection, malice or ill will, until I am legally discharged; that I will see and cause Her Majesty’s peace (en.wikipedia.org) to be kept and preserved; that I will prevent to the best of my power all offences against the peace; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law. So help me God” Assault again from Wikipedia: Assault is often defined to include not only violence, but any physical contact with another person without their consent. In common law (en.wikipedia.org) jurisdictions, including England and Wales (en.wikipedia.org) and the United States My opinion is that I could be charged with assault if I walk up behind you and tap you on the shoulder to ask you for directions to XYZ street. My attack on your shoulder was not invited and therefore you did not consent. I hope I have enlightened you on this matter. Personally I applaud any action by any person to break up a fight.	Sweep (90)
740344	2009-01-20 22:24:00	How is physically pulling two people apart from a fight an assault? If she is somehow charged for anything relating to her action, then this country is even more ****ed up, justice wise, than I thought. In case you had not yet noticed we do not have a Justice system in New Zealand. What we do have is a set of laws and amendments to the laws and amendments to the amendments etc. There are often ways to get around the intent of the law. The intent may be good but then the Court and Lawyers get to interpret and argue or debate over the issue. Like anything else there are always people bending the rules or finding another way around them. I might add that my view of what should happen to certain people may be entirely different to your view. So which of us would be absolutely correct?	Sweep (90)
740345	2009-01-20 22:28:00	The Police have discretion over who they charge and who they do not charge. They do not place a charge unless there is a reasonable prospect of obtaining a conviction. As for the idea of being guilty of assault for tapping somebody on the shoulder - well, while the interpretations section of The Crimes Act 1961 defines assault as, "the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly..." the whole story is not found in a cold black and white reading of the statute but in an interpretation as to Parliament's intention for the law of assault and whether Parliament intended to criminalise the act of tapping of somebody on the shoulder to ask for directions. Further direction on the meaning of assault in respect of s196 Crimes Act 1961 could be found the corpus (or body) of law surrounding assault which will include decisions of the Courts that are on point. Above all, neither the law nor the Courts are available for trivial or mischievous uses - and I would suggest that a complaint of assault for tapping somebody on the shoulder would get no further than just such an assessment.... I would rather not comment on His Honour Judge Recordon's use of the word "technical" unless I'd read his entire decision.	Deane F (8204)
740346	2009-01-20 22:55:00	In case you had not yet noticed we do not have a Justice system in New Zealand. And yet you have the freedom to make this criticism without any fear that "they" will be kicking in your doors in the middle of the night? There isn't a judge or a lawyer who wouldn't go to the wall to preserve this right for you. What we do have is a set of laws and amendments to the laws and amendments to the amendments etc. There are often ways to get around the intent of the law. The intent may be good but then the Court and Lawyers get to interpret and argue or debate over the issue. Like anything else there are always people bending the rules or finding another way around them. The law is a system of rules that cannot forsee every possible circumstance around which any given rule might apply. That is why there is an open court system, lawyers, judges, news media, a right to freedom of opinion and elections... I might add that my view of what should happen to certain people may be entirely different to your view. So which of us would be absolutely correct? You might better question your own idea of the word "correct". Perhaps by doing so you will gain some insight into your disaffection with the justice system? Life isn't black and white. Why is it a surprise that the law isn't either?	Deane F (8204)
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