Reword/Improve 9.1 Physical Assault - removing a loophole

[Tyla Jai]

Is this a new law or a change to a current law: Change

What law do you wish to change/add:

9.1 Physical Assault
Any person who applies or causes reckless injury to another person commits an offence.

9.1 Common Assault
An assault is any act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence.

Why should this change/addition be made: The change will reflect the real definition of assault which includes the apprehension of immediate unlawful violence, removing the need for any physical contact. This would criminalise the following acts:

• 'Faking' a punch, where the suspect swings for the victim to make them fear immediate violence however stopping before any contact is made.
• Intentionally trying to assault someone but missing but still causing the victim to fear that immediate unlawful violence.
• Deliberately shooting at a person but missing.
• Shooting around someones feet to make them scared.

This removes a classic legal loophole which used to be used on perp where someone argues that they didn't commit assault because they shot 'near' the person instead of at them, arguing they should be charged with 'Discharging a Firearm' instead which is a MUCH lower offence.

What is the aim of this change/addition: To remove a legal loophole and create a more realistic improved assault law.

Additional Information: This is an absolute no-brainer with no disadvantages, please rate agree.

 

[Bnjemann]

The wording might be too advanced for teenagers from non native English speaking countries.

Shooting around someones feet to make them scared.

Discharging a firearm intentionally towards someone without a lawful reason is 9.2 by default because the act is likely to cause reckless injury to someone.

 

[Kempotent]

@ALOO89 suffers enough tyla

 

[Bnjemann]

I know you personally don't follow the law while on duty but most people do therefore 9.2, for everyone else, wouldn't give good enough grounds for a charge under 9.2

I don't have the slightest dicky on what any of that is supposed to mean mate sorry.

 

[Smeris]

Shooting around someones feet to make them scared.

Then not only 9.1 should be changed, but 9.2 aswell. it now feels you wish to combine 9.1 and 9.2. A charge where just your fists are involved should not be mixed up with a charge where firearms are involved.

 

[Tyla Jai]

Then not only 9.1 should be changed, but 9.2 aswell. it now feels you wish to combine 9.1 and 9.2. A charge where just your fists are involved should not be mixed up with a charge where firearms are involved.

No theyre two separate offences obviously.

 

[Farstadd]

The wording might be too advanced for teenagers from non native English speaking countries.



Discharging a firearm intentionally towards someone without a lawful reason is 9.2 by default because the act is likely to cause reckless injury to someone.

Just learn english, not that hard.

 

[Tyla Jai]

Then not only 9.1 should be changed, but 9.2 aswell. it now feels you wish to combine 9.1 and 9.2. A charge where just your fists are involved should not be mixed up with a charge where firearms are involved.

Sorry I think I know what you mean, yes the wording of 9.2 would need to be tweaked a tiny bit to fit this new definition but would remain entirely a separate offence.

 

[Smeris]

No theyre two separate offences obviously.

fair enough, "Shooting around someones feet to make them scared." just confused me.

 

[Tyla Jai]

fair enough, "Shooting around someones feet to make them scared." just confused me.

Yeah see below reply, it still technically would be this new offence but can be upgraded to 9.2 if necessary.

 

[Smeris]

Sorry I think I know what you mean, yes the wording of 9.2 would need to be tweaked a tiny bit to fit this new definition but would remain entirely a separate offence.

Yep, that's what i meant

 

[nutrient10]

I don't have the slightest dicky on what any of that is supposed to mean mate sorry.

I think what he means is discharging a firearm at someone, but not hitting them, isn't actually grounds to charge someone for 9.2 as you have to "[apply] or [cause] reckless injury" that is likely to cause great bodily injury for it to be an offence instead of just causing apprehension with an offensive weapon

 

[Deleted member 5577]

I don't have the slightest dicky on what any of that is supposed to mean mate sorry.

I edited it, I'd recommend using a service such as Duolingo to learn English if you're struggling in the future.

 

[Smeris]

I edited it, I'd recommend using a service such as Duolingo to learn English if you're struggling in the future.

this is an internationally accessible roleplay server. It would be fair to keep the language to something that isn't acedemic English so we don't need lawyers explaining the law to players everytime. The more complicated you make it, the more people are going to debate the living shit out of it. that won't benefit in-game rp.

 

[Smeris]

it really isn't complex... most countries will have similar assault laws

which is why across the world the study of law and the practice of law has created itself. A normal citizen in real life has BARELY any understanding of law outside of what is common sense, culture and thaught by their parents. That's not something you want in a game.

 

[Tyla Jai]

Optional Additions

9.2 Assault with an Offensive Weapon
A person is guilty of assault with an offensive weapon if they commit assault with any type of offensive weapon that is likely to cause great bodily injury.

9.2 Assault with Injury
A person is guilty of assault with injury if they commit assault and in doing so, he causes or applies actual bodily harm.