Tuesday, June 23, 2009

No assault conviction for Sam Kelt

Judge Bernard Kendall said the evidence of bar staff had been clear about the grabbing of Mr Spiers' T-shirt, which constituted an assault.
But there was no injury or physical effect on the victim and he discharged Kelt without conviction.


Aha ... so now 'assault' or conviction for this breach of the law, requires that there be an enduring physical effect.
I wonder where Section 59, Sue Bradford's legacy, sits with respect to this finding.

1 comment:

ZenTiger said...

Unfortunately, for all the noise we make about making good laws, and for all the complaining about the dangers of social engineering (like criminalizing parents for smacking) the real danger is the sweeping powers of CYF to ignore court direction and take any action they deem necessary, and use the "family privacy" laws to avoid any scrutiny.

We are being snookered from all angles.