Spit in my face would yeh!!!

[MarillionFan]

Oh Dear (TM). It doesnt go so well does it when the politicians start hitting back. For some unknown reason, it just doesnt look out of place does it.

BBC News - Asian men and BNP candidate Bob Bailey clash in Barking

[Drewster]

Ahhhh That takes me back....... I used to live in Barking............. Things haven't changed much in 25 years!

[TimberWolf]

Where do you stand legally if someone gobs in your face (disregarding for the moment that the spat-upon had previously touched the spitter). Are you allowed to thump someone if they gob on you?

[Churchill]

Where do you stand legally if someone gobs in your face (disregarding for the moment that the spat-upon had previously touched the spitter). Are you allowed to thump someone if they gob on you?

IANAL

Linky

Assault apparently...

[MarillionFan]

IANAL

Linky

Assault apparently...

How do you accidently gob in someones face???

Anyway, so was the reaction like for like, or should they have spat back or got out a super soaker??????

(I for one found myself rooting for the BNP in this case! )

[Drewster]

Where do you stand legally if someone gobs in your face (disregarding for the moment that the spat-upon had previously touched the spitter). Are you allowed to thump someone if they gob on you?

That is a very good question.... to which I don't have an answer...

I do know that if someone were to gob in my face they wouldn't be standing......

[Scary]

How do you accidently gob in someones face???

Hattersley them?

I think legally he should let the police deal with it and press charges, being a public figure out in public and all that, should do things by the book.

[MarillionFan]

Hattersley them?

I think legally he should let the police deal with it and press charges, being a public figure out in public and all that, should do things by the book.

I condone violence! but the young big fella who kept squaring up deserved a really good smack in the mouth IMHO.

[DaveB]

Where do you stand legally if someone gobs in your face (disregarding for the moment that the spat-upon had previously touched the spitter). Are you allowed to thump someone if they gob on you?

Technically it counts as common battery, as does intentionally touching someone without their consent. Although usually charged as Common Assault, Assault and Battery are actually two different offenses.

Under section 39 of the Criminal Justice Act 1988 a technical assault does not actually require there to be any physical touching of the victim by the defendant. All that the prosecution needs to prove is that the defendant intentionally or recklessly caused the victim to apprehend immediate physical force. In other words, if a person believes that they are about to be hit, and that belief was brought about intentionally or recklessly by the defendant, an offence will have been committed.

In contrast, battery does require a physical touching of the victim by the defendant. The legal definition of battery is the intentional or reckless infliction of unlawful force on the body of the victim. This can be any degree of force provided it was reckless or intentional and without the consent of the victim.

So the spitee could be said to have initiated the exchange as his initial touch was technically common battery, and the spitter responded. While unpleasant the act of spitting was physically proportional to the initial act by the spitee.

From there the spitee appears to launch a physical attack on the spitter and may be guilty of a further charge of battery or possibly Assault Occasioning Actual Bodly Harm if he inflicted any non-trivial injuries. It could be argued that any further actions by the spitter would consitute self defense.

[Drewster]

I condone violence! but the young big fella who kept squaring up deserved a really good smack in the mouth IMHO.

Do you really mean condone??