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WA Charged with Assaulting a Taxi Driver - CCTV?

Discussion in 'Criminal Law Forum' started by Negs, 1 August 2014.

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  1. Negs

    Negs Member

    1 August 2014
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    I am being charged with assaulting a taxi driver. I did not assault him I just pushed his face away. The police say they have me on CCTV footage from taxi but I haven't seen it. Do I get a chance to see it before my court date? And do I get to dispute assault as I did not hit him, just pushed?
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi Negs,

    Under the Criminal Code Act Compilation Act 1913 (WA), the definition of assault under Section 222 is as follows:

    A person who strikes, touches, or moves, or otherwise applies force of any kind to the person of another, either directly or indirectly, without his consent, or with his consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without his consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose, is said to assault that other person, and the act is called an assault.

    The term applies force includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.

    This means that any physical contact without the consent of the other person constitutes the crime of assault under Section 223 of the Criminal Code. The act must have been voluntary and intentional.

    Pushing someone's face away may constitute the crime of assault even if you did not hit him or physically hurt him or mean any malice by the act. The question is whether there was contact and/or whether the driver felt threatened in the circumstances.

    If the police decide to charge you, you are entitled to a copy of all evidence to by relied upon by the Prosecution before the date of hearing. Having said that, there may possibly be procedural hearings before the actual date of the hearing. I would suggest speaking to Legal Aid or obtaining legal counsel on how to go about requesting this information.


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