VIC Argument on Australian Law and Religion?

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Gabrielle H

Member
16 October 2016
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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.
 

AllForHer

Well-Known Member
23 July 2014
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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.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
The someone is mistaken.
 
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