Man pulls out firearm during row over cheese topping at Joburg pizzeria

xeslaro

Executive Member
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Jun 29, 2009
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5,325
No sir, I think you are getting your arguments mixed up :)

Take it from here, then apply the legal definitions.

Assault includes assault with intent to do do GBH, but not but not only. See #119.
What are you actually asking me?
 

oRiX

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Jan 22, 2010
Messages
199
*disclaimer - i didn't watch the video.

Why end your life over cheese? Dude is gonna get a criminal record, he might do jail time for "attempted murder" and all because of some cheese? Not to mention he's gonna get ridiculed in jail over his crime.
Thus society separates the curds from the whey.
 

Sollie

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What are you actually asking me?
I'm not askign your anything. You claimed it's not assualt where the girly shoves the guy. I'm saying you are wrong ito legal definitions of assault, no intent to do GBH is required.
 

xeslaro

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I'm not askign your anything. You claimed it's not assualt where the girly shoves the guy. I'm saying you are wrong ito legal definitions of assault, no intent to do GBH is required.
The litmus test is a threat or actual harm to bodily integrity. In your opinion, did he suffer from either?

GBH is merely an aggravated form of the same crime. It's irrelevant for our purposes here.
 

berrypi

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Dec 12, 2012
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359
he was pushed and papers shoved in his face... and you expect someone to be calm?
Pulling out the weapon was wrong.. but if you gonna shove me and push papers in my face x2 as shown in the video... you can call your life insurance people to advise them it will be cashed in shortly.
 

Goosfrabba

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Dec 13, 2017
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653
Hey, that was my line :mad: Go find your own....
I did a quick scan of 'pineapple' and guess I missed it.

I hereby forward all likes and brownie points in your direction.

BTW...I actually like pineapple on pizza, with bacon and garlic
 

Sollie

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The litmus test is a threat or actual harm to bodily integrity. In your opinion, did he suffer from either?

GBH is merely an aggravated form of the same crime. It's irrelevant for our purposes here.
As I said before, don't apply your theories to the law (much as I may agree).

Is that you Julius? ;)

That was also a shove ...
 

SoldierMan

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I did a quick scan of 'pineapple' and guess I missed it.

I hereby forward all likes and brownie points in your direction.

BTW...I actually like pineapple on pizza, with bacon and garlic
LOL There's only one thing I hate more than pineapple on a pizza and that's anchovies. Terrible. It permeates the whole pizza even if you take the anchovies off. Some people put an egg on pizza as well, couldn't imagine doing that either...
 

xeslaro

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As I said before, don't apply your theories to the law (much as I may agree).

Is that you Julius? ;)

That was also a shove ...
Lol. That's a newspaper article. Besides, I'm not applying MY theories.

I'll ask you again, iyo, did her motion for him to get out constitute an injury, or threat of imminent injury, to his bodily integrity? Yes or no? If yes, would his version be plausible to you if you were the judge, taking into account factors such as the demeanor and physique of the two involved. Notwithstanding the fact that the dick had a loaded gun at his ready and she was in heels wearing a skimpy dress and looks no stronger than a twig. More so, it's clear her gesture was a motion for him to get out, as they were all shouting for him to. Not a motion to strike him down.

Yes or no?
 

Sollie

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Lol. That's a newspaper article. Besides, I'm not applying MY theories.

I'll ask you again, iyo, did her motion for him to get out constitute an injury, or threat of imminent injury, to his bodily integrity? Yes or no? If yes, would his version be plausible to you if you were the judge, taking into account factors such as the demeanor and physique of the two involved.
An injury or not is irrelevant.

Assault is defined in out law as:
the unlawful and intentional application of force to another person, or threatening that person with an application of force
I pointed out the definition. I also pointed out the SAPS page:
Assault consists of unlawfully and intentionally
  • applying force to the person of another;
  • inspiring a belief in another person that force is immediately to be applied to him or her;
Assault with intent to cause grievous bodily harm. This is another form of assault, however, committed with the intention to cause serious bodily injury.
You keep on insisting on a need for injury. There is no such a requirement. Essentially who touched who forcefully first is what matters, physique or being a d00s etc does not come into it. A deliberate shove/push qualifies. GBH is another form of assault. The are many forms of assault, some not even physical.

Up to the stage where the oke pulled a gun, if he were to have run to his copshop with the evidence and press charges, it would have been common assault.

Interesting article - last few paragraphs.

Notwithstanding the fact that the dick had a loaded gun at his ready and she was in heels wearing a skimpy dress and looks no stronger than a twig. More so, it's clear her gesture was a motion for him to get out, as they were all shouting for him to. Not a motion to strike him down.

Yes or no?
No argument and irrelevant. Feels does not come into it. As I said, I probably agree with your perception of the matter.

Anyway, not here for a p1ssing match, just stating facts.
 
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