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1567 posts

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  # 2286090 30-Jul-2019 21:51
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networkn:

 

How many non-lawyers would reasonably be expected to know that snatching a bit of paper from someone would be assault under the crimes act (I'd be interested to see if a conviction has ever been obtained under such circumstances) vs the wrestling of said receipt back from someone physically? 

 

It's appaling customer service conduct no doubt, but escalation to an onsite manager would have been a far far more appropriate and effective way to resolve the situation and would likely have resulted in a much more serious consequence for the staff member in question.

 

 

Ignorance of the law is no excuse. You don't apply an unconsented force upon another's body (directly or indirectly) without justification (again, I am taking the OP's description of a wrestle literally) because that's wrong. I learned that basic rule of being a morally decent person -- laws aside -- at school. This also rather closely maps to what the law defines as an assault. You really need to do more thinking.

 

 

 

 


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  # 2286106 30-Jul-2019 22:11
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I'm surprised how come only 2 customers at that time? What time is it? Whenever I went into New World, Countdown or Pak N Save. often see more than 2 customers.

 

I thought in this mobile age, no matter what happen, people tend to film it on their phone for evidence or put on social media. I hope they didn't delete the CCTV evidence.


 
 
 
 


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  # 2286179 31-Jul-2019 08:16
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pinkydot: I hope they didn't delete the CCTV evidence. 

 

You make this sound like there's some big conspiracy going on. Based on the OP's description (timing) of events there's not likely to be any CCTV in about 8 or 9 days anyway. These places usually have systems [with lots of cameras] that start overwriting recorded CCTV after about 2 weeks to keep storage requirements down.


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  # 2286268 31-Jul-2019 10:33
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dejadeadnz:

 

networkn:

 

How many non-lawyers would reasonably be expected to know that snatching a bit of paper from someone would be assault under the crimes act (I'd be interested to see if a conviction has ever been obtained under such circumstances) vs the wrestling of said receipt back from someone physically? 

 

It's appaling customer service conduct no doubt, but escalation to an onsite manager would have been a far far more appropriate and effective way to resolve the situation and would likely have resulted in a much more serious consequence for the staff member in question.

 

 

Ignorance of the law is no excuse. You don't apply an unconsented force upon another's body (directly or indirectly) without justification (again, I am taking the OP's description of a wrestle literally) because that's wrong. I learned that basic rule of being a morally decent person -- laws aside -- at school. This also rather closely maps to what the law defines as an assault. You really need to do more thinking.

 

 

 

 

 

 

I don't believe that any reasonable person (nor do I believe the law) would suggest that snatching a receipt or label from someones hands would be as severe incident as physically wrestling the receipt back from someone. That was my point, which you seem to have missed in your anxiety to once again pick a fight. Are you saying that the Law would treat these two incidents the same and the penalties would be equal?

 

 


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  # 2286828 31-Jul-2019 20:18
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networkn:

 

I don't believe that any reasonable person (nor do I believe the law) would suggest that snatching a receipt or label from someones hands would be as severe incident as physically wrestling the receipt back from someone. That was my point, which you seem to have missed in your anxiety to once again pick a fight. Are you saying that the Law would treat these two incidents the same and the penalties would be equal?

 

 

What makes you qualified to judge what the law would hold in this case? As an ex-prosecutor, ex-judge's lawyer, and ex-defence lawyer, based literally on the words by the OP, I would judge the OP and the butchery manager's conduct to be, at best, equal or, more likely, one where the manager deliberately assaulted or provoked a physical confrontation and the OP was the one who reacted, albeit also somewhat inappropriately. For giggles, I asked this question of two lawyer colleagues and they both agree with me.

 

 


1914 posts

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  # 2286834 31-Jul-2019 20:27
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If someone took something from me I’ll be straight up using reasonable force to get it back.

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