NEWS Plod Haas

[Midean]

What McHunt is not mentioning is the other part of the definition regarding a threat, that is:

or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an "assault" .

In your scenario, you are locked in the back of a paddy wagon in custody, you do not have an actual or a present ability to effect your purpose, so no, you have not committed an assault.

If you are sitting down, and 10 feet away from a person and mouthing threats of violence at them, in my view you do not have a present ability to effect your purpose. If you are up on your feet, in their face being verbally agressive, perhaps with a fist clenched - you have a present ability to effect your purpose.

Cheers for clearing that up.

I figured it was something along those lines, as in my case i was just all loud noise and zero threat.

Mate, it must be bloody tough being a cop, having to make snap decisions in situations where you have a bloke Paynes size telling you he is going to kill you.
Poor bastards would have to deal with that on the regular with booze being legal and all ( see Illegal recreational drugs thread ). ;)

 

[pagey]

There is a lot of talk about a verbal threat being assault.

Can anyone clear this up for me? In my youth i got a bit too drunk on the demon rum, stole a pack of pork from Woolies and hurled it at a passing bullwagon.
The cops got out and proceeded to throw me in the back and haul my ass down to the station, all the while im hollering at them that i was gonna kill them all and take them all out by myself like the tough dickhead i was at 20.

Spent the night in the drunk tank, and in the morning sheepishly apologized for being a deadset wanker and the cops let me go telling me to behave myself in the future.
No charges, no nothing, just sobered me up and sent me on my way.

Now i said stuff to them that was on par or worse with what Payne said, but i wasn't arrested or anything. Is it up to the cops discretion as to weather or not they will charge someone with verbal assault, or threatening police?
Did Payne cop it worse because he is a footy star, and a behemoth, whereas i was just a punk kid, and only half Payne's size?

can I ask if the pork was premeditated

 

[Midean]

can I ask if the pork was premeditated

Mate i wish, haha, was just a happy coincidence.
Honestly i dont even remember the night for the most part, just recalling what i was told the next day by the police.
The cops who i dealt with the next morning were awesome to be honest, they didn't even charge me with stealing the pork, and found it all amusing themselves.
I think i was pretty lucky to be fair.

This is partly why i was wondering if it was just up to the individual cop on duty's discretion in situations where you have a drunk fool throwing out threats.

 

[BroncsFan]

So should this:

Be considered slapstick comedy now?

All these years Toby could've put Michael up for intimidation and sent his ass to prison!!

 

[The Fisherman]

Mate i wish, haha, was just a happy coincidence.
Honestly i dont even remember the night for the most part, just recalling what i was told the next day by the police.
The cops who i dealt with the next morning were awesome to be honest, they didn't even charge me with stealing the pork, and found it all amusing themselves.
I think i was pretty lucky to be fair.

This is partly why i was wondering if it was just up to the individual cop on duty's discretion in situations where you have a drunk fool throwing out threats.

Lots of good coppers around Midean, unfortunately just like the general population couple of grubs amongst em

 

[lynx000]

The reality is, even if he struck an officious cop, or one who was having a bad night, or had other issues, all he had to do was (a) be polite); (b) provide his ID when asked and (c) answer any reasonable question as to what he was doing. If he does this, he goes home with his lovely partner and we hear nothing more of it.

From what I can see from the facts provided, it appears likely that they approached him because he was clearly looking distressed and to ascertain if he was part of the brawl nearby and if so, what role he had played.

Young guys (and girls), particularly when they have had a skinful do stupid things and make poor decisions, hopefully he will learn from this. He has also put a pretty heartfelt apology on Instagram, so I think he is genuinely remorseful which is a great sign.

 

[lynx000]

Re what penalty is appropriate from the NRL - Jack Wighton was involved in a serious incident involving a street fight with two charges of assault occasioning bodily harm, three counts of common assault and one charge of public urination. In one incident, a victim's head was thrown back by a punch and he hit his head on a glass window.

He was sentenced to two months imprisonment but wholly suspended and he also received fines totalling $3500, was convicted on the charges and given a 12-month good behaviour bond.

The NRL suspended him for 10 games and a $30,000 fine.

Given that, you would have to think that Haas at worse would be looking at a 4 game suspension. I personally think it should be 2 and maybe 2 suspended and a fine.

 

[pagey]

Mate i wish, haha, was just a happy coincidence.
Honestly i dont even remember the night for the most part, just recalling what i was told the next day by the police.
The cops who i dealt with the next morning were awesome to be honest, they didn't even charge me with stealing the pork, and found it all amusing themselves.
I think i was pretty lucky to be fair.

This is partly why i was wondering if it was just up to the individual cop on duty's discretion in situations where you have a drunk fool throwing out threats.

Fucking hilarious nonetheless
Yep have done plenty of stupid shit that has gone unpunished because of nice cops , but also been on and seen the otherside of it. I think it does come down to the individual for sure.

 

[Petch67]

So my friend gets killed from some fuckwit that's drugged up behind the wheel, yet haas gets grilled for abusing some cops .
Tell me who gets hurt the most, the cops or me and my mates family dealing with his loss. **** off dickhead !!

Tsk tsk tsk name calling.....someones a dickhead...im a clown.....i think its obvious who the shit **** is....look in the mirror

 

[pagey]

Tsk tsk tsk name calling.....someones a dickhead...im a clown.....i think its obvious who the shit **** is....look in the mirror

Umm , yep ! Can still live with myself.

 

[Petch67]

Umm , yep ! Can still live with myself.

Thats fantastic then...im happy for you

 

[Jason Simmons]

Am I wrong to say that it has to be an act like showing a clenched fist or doing some reverse roundhouse air kicks , for it to be classed as assault? So driving to work under the influence is all good

Usually requires a present and apparent ability to conduct said threat / threatening gesture. I assume it’s the same in NSW.

Yelling out threats to assault from 50m away probably isn’t going to be assault. Threats yes, but not assault. A drunken, aggressive 6’6, 120kg male right in your face?

It’s getting pretty close...

 

[Jason Simmons]

Except he didn’t get charged with assault. I’d like to see some legal precedent where someone got charged with assault for threatening someone.

You don’t need legal precedent when legislation makes it an offence...

 

[McHunt]

Usually requires a present and apparent ability to conduct said threat / threatening gesture. I assume it’s the same in NSW.

Yelling out threats to assault from 50m away probably isn’t going to be assault. Threats yes, but not assault. A drunken, aggressive 6’6, 120kg male right in your face?

It’s getting pretty close...

So what are your cop super powers when it comes to difficult/abusive/aggro/smartarse bastards?

 

[Jason Simmons]

Mate i wish, haha, was just a happy coincidence.
Honestly i dont even remember the night for the most part, just recalling what i was told the next day by the police.
The cops who i dealt with the next morning were awesome to be honest, they didn't even charge me with stealing the pork, and found it all amusing themselves.
I think i was pretty lucky to be fair.

This is partly why i was wondering if it was just up to the individual cop on duty's discretion in situations where you have a drunk fool throwing out threats.

We almost always have discretion to prosecute. Drunken, self- entitled dickheads threatening to bash us in a very public place, usually don’t get much discretion for some reason...

Patrick Mago came very close to getting the same treatment one day...

 

[Jason Simmons]

So what are your cop super powers when it comes to difficult/abusive/aggro/smartarse bastards?

Depends on the situation and location... Disorderly on licenced premises? Easy. Liquor act or Criminal Code depending on the severity.

Disorderly / threatening in the street? Summary Offences Act or Criminal Code, again depending on the severity.

And maybe an assault / obstruct police under the PPRA for good measure...

As Lynx might be aware, the phrase - ham, cheese, tomato springs to mind...

Usually accompanied with a few hours / night in a cell to learn the error of your ways...

 

[McHunt]

Depends on the situation and location... Disorderly on licenced premises? Easy. Liquor act or Criminal Code depending on the severity.

Disorderly / threatening in the street? Summary Offences Act or Criminal Code, again depending on the severity.

And maybe an assault / obstruct police under the PPRA for good measure...

As Lynx might be aware, the phrase - ham, cheese, tomato springs to mind...

LOL, I knew you'd have a book with every trick in that book in it. No wonder criminals, village idiots and prop forwards don't trust you.

 

[Jason Simmons]

LOL, I knew you'd have a book with every trick in that book in it. No wonder criminals, village idiots and prop forwards don't trust you.

You’d be amazed at how little the opinion of people I lock up, matters to me...

Don’t forget the ways and means act... Back in the 90’s before we had codified police powers, we had a range of acts that gave us our powers...

So for instance we’d get called to disturbances, not having any specific DV legislation or powers as we do now, we’re in a bit of a bind... Someone’s partner has been towelled up, but won’t make a criminal complaint? What to do? We leave without doing anything, they get towelled up again or worse, how bad are we for doing nothing?

Fortunately that’s when the old S.173 of the Liquor act came to the fore... We could at least lock the aggressor up for drunk, sleep it off in a cell for the night, cash bail them the next morning, and give the battered spouse a night of respite...