LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Threatening to Have Bully Punished in School?

Discussion in 'Other/General Law Forum' started by Daniel1233, 6 April 2016.

Tags:
  1. Daniel1233

    Daniel1233 Member

    Joined:
    6 April 2016
    Messages:
    1
    Likes Received:
    0
    Hello new to this forum and unsure where to post this question. Wanting to help a friend know the right thing to do.

    My friend is currently attending a high school in WA and recently verbally commented on the way my other mate acted which included bailing on us for other buddies. He also pulled some jokes regarding my friend's sport in class. I would classify these as mild and jokes you laugh with together. But, unfortunately, some people are more sensitive than others.

    So now my mate received a message today about the stuff he speaks at school. He received a paragraph that contained a quote of the following: "Since I can't lash out at you and beat you to the ground like I would".

    I do not know what this statement would be classified legally. But is it a threat, which obviously won't happen hypothetical? Now the other thing that my mate is sent is, quote, " If you give me any more s**t, even the smallest comment, I will report you for bullying and you will get suspended and don't worry you have already been in trouble for that before, don't push me".

    The school I currently attend has a strict bullying policy and a minor tease like the couple I witnessed first hand would result in suspension of the bully. Fair enough for the guy being bullied to want to dob him in and get him suspended. But what I find troubling is the threat. My mate already got in trouble and received a suspension for being affiliated with a group of people who displayed "pack mentality" on another group of people last year.

    So my question to this forum is, are you allowed to dig up past history of a person and then threaten them with the idea that they will receive a suspension? When you "prosecute" someone, do you show and use past history on a completely different scenario and incident against them? And I would also like to know what a threat is classified as and would threatening to suspend someone be considered a threat when you are the one being bullied?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    So first, let's be very, very clear that your "friend" has not been "threatened". Your friend is doing something that, by the school's standards, is unlawful. Threats make the person fear for their safety or well-being. Doing something unlawful and being told to stop or action will be taken is not being threatened.

    Second, yes. Past actions can be used to demonstrate a history of offending because it shows a pattern of behaviour that needs to be rectified since the offender clearly hasn't rectified it himself.

    Third, tell your "friend" to stop being an a-grade d-bag. Your "friend" is not a victim, he's an offender. Simple.
     
    Haley likes this.

Share This Page

Loading...