Australian Law Issue
Popinjay
26-11-2006, 14:28
Hello this question is aimed at people who have a good understanding of Australian Law.
Say someone was on the side of the road, a car passes, the person begins to cross the road, that car does a U-turn and while shouting abuse at this person proceeds to hit them, knocking them off their feet. No real injury occurs except for wear and tear from falling over.
Was a crime committed? If so was it a Hit and Run?
Any help would be appreciated,
Popinjay
Why don't you call up and ask the police? My intuition says "yes" and "yes".
ChuChuChuChu
26-11-2006, 14:51
Why would the driver randomly shout abuse? Sounds like both parties are in the wrong...albeit to different extents
Dododecapod
26-11-2006, 15:41
My understanding is that this would count as assault with a deadly weapon, and if the guy failed to stop, a hit and run. I live in W.A., so depending what state you're in YMMV.
Ashmoria
26-11-2006, 15:58
of course its a crime to hit someone with a car on purpose.
if you drive away without stopping to find out if you hurt the person or not, its hit and run.
i dont think that australia would have a law making that legal.
Imperial isa
26-11-2006, 16:04
My understanding is that this would count as assault with a deadly weapon, and if the guy failed to stop, a hit and run. I live in W.A., so depending what state you're in YMMV.
hello to some one from my state
and to what i know i go with you on what you said
Ashmoria
26-11-2006, 16:30
of course if there are no witnesses and the guy who got hit doesnt make an issue out of it, there is no "crime".
if the guy does go to the police you can try to stonewall it and claim that the guy is psycho. wihtout witnesses and evidence it might go nowhere.
Pantocratoria
26-11-2006, 16:37
Under the Queensland Criminal Code 1899, that would be 328A Dangerous operation of a vehicle, and possibly several other offences.
In NSW, pedestrians have right of way once they start crossing, so you can get him on that alone.
But yes, running someone over is definitely illegal.
Popinjay
27-11-2006, 15:02
of course if there are no witnesses and the guy who got hit doesnt make an issue out of it, there is no "crime".
if the guy does go to the police you can try to stonewall it and claim that the guy is psycho. wihtout witnesses and evidence it might go nowhere.
Unfortunately Ashmoria was correct with the witnesses thing.
Thanks again all for your help,
Popinjay (I think we can considering this closed or ready for deletion admins)