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VIC Argument on Australian Law and Religion?

Discussion in 'Other/General Law Forum' started by Gabrielle H, 17 October 2016.

  1. Gabrielle H

    Gabrielle H Member

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    I'm sorry to ask such a stupid and ridiculous question, but someone is trying to tell me that I have the legal right to punch someone if they are trying to preach religion to me and won't stop. He says it is a loophole in Australian Law because "state and religion are two different" laws/rules or something.

    Please respond so I can put this piece of b/s he has been told to the grave.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Tell him to try it and see how he goes.

    I'd wager a criminal charge for assault and a civil claim for trespass to person, at least. Section 116 of the Constitution prohibits the federal government from making any Commonwealth laws in relation to how religion is practiced.

    The State-based criminal codes and crimes acts all make it a crime to use force unlawfully on another person.

    No legislation nor case law recognises preaching as provocation for assault.
     
    Iamthelaw and Gabrielle H like this.
  3. Tim W

    Tim W Lawyer

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    The someone is mistaken.
     
    Iamthelaw likes this.
  4. Gabrielle H

    Gabrielle H Member

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    Thanks heaps guys, much appreciated :)
     

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