Law people. (2 Viewers)

[Cyph]

Ok, so I have violently smashed a glass in a pub I used to work at after being told to 'get the fuck out' after having someone accuse me of calling them a slut there and then (don't know how.. no one else has heard it except for her supposedly) - which I didn't (my word against hers).

This is most likely on camera.. so I don't have much of a leg to stand on about smashing the glass - as I was walking out, I hurled my glass full of beer into the wall, smashing it into a million pieces and I then said, 'that'll fucking teach ya, slut'.

Now, they are claiming something about a window being smashed... and this is a heritage building, with the window being over 100 years old or something. I'm at a loss, 'cause I am pretty damn certain the glass I threw did not smash a window - I never wanted to hurt anyone or damage any property which is why I threw it into the wall. So unless the window was smashed AFTER, I have no idea....

I got a phone call from my boss and I told him all the above.

They will most likely press charges and do whatever they can do to me.. so I want to know what charges I would be up against for smashing the glass? I have no prior record and all that. What about calling her a slut - which I did, after she told me to 'get the fuck out'?

 

[santaslayer]

You could claim provocation...which would probably lessen your charge?

You'll have to see how much the magistrate believes in you though. I would expect the owners to prove that you caused direct damage to the window. It is a civil case...so all the you have to do is convince the magistrate you weren't the one that caused it..and that'll usually be dependent on the evidence they give I guess... unless you can produce some evidence of your own..

and no...you won't be in much trouble...just monetary lossess..

 

[Frigid]

bon, maybe you should get yourself a lawyer

you shouldn't really trust us for legal advice

 

[santaslayer]

Dead right.



You won't get pinned for offensive language. The context means that the language is not offensive.

You could also be up for assault. In that you may have put her under an apprehension of harm.

The relevant section for damage is Crimes Act is 195-198.

http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/

It's punished summarily unless the damage is extensive and the DDP wants to take up your case personally - or if the damage is extensive.

They have to prove 'malice' on your part. Malice is proved if you did it with 'indifference to human life and suffering...or intent to injure... or done recklessly or wantonly...'

So if your action is reckless (meaning if you were aware of the possibility of your actions doing the actus of the section then your act is reckless)...

From his post, he was clearly aiming for the brick wall.

I don't think he would be under any criminal legislation....for his sake...

 

[Not-That-Bright]

When you threw the glass did it get thrown at or near anyone?
Even if he was aiming for the brick wall, if she or someone else felt rather threatened by it he could be up for assault.

 

[santaslayer]

I dont think provocation is avaliable. Not sure. Provocation is only avaliable as a partial defence to murder - downgrade from murder to Manslaughter. Someone correct me if I'm wrong.



Civil case? eh What are they suing for?

The window right?...

damages to the window...he didnt hurt anyone?...am i reading right...

 

[santaslayer]

He was walking outta the place whilst doing so...
I'd imagine the other person would still be sitting down?

 

[Not-That-Bright]

The way I see it is that they'll paint him as being in a fit of rage, acting irresponsibly..
But i'll leave this to people who have done criminal law lol

 

[MoonlightSonata]

Like asqy said, you shouldn't worry about the offensive language.

As mentioned you could be up for assault (civil, not criminal), if you placed the person in an immediate fear of harm. However since you said

that'll fucking teach ya, slut

you are not making a threat as to the future, rather your behavior (smashing the glass) would have 'taught her' - a reference to the past. So there shouldn't be any action for (tortious) assault.

The main action being maliciously destroying or damaging property (Crimes Act, s195), I don't think it would be too hard to prove malice. However I doubt you'd get anything except having to pay some sort of fine.

I'm trying to think of a civil remedy seeing as windows would be part of the land and not goods, hence trespass is not actionable in this case...

If you get charged with anything, get a lawyer.

 

[Cyph]

Hey guys, thanks a lot for the help... I really appreciate it!

The full story goes like this:

I'd been there drinking since midnight, after they're closing up and all.. I'm waiting for the bar staff to finish cleaning up and come across the road to the pub which was still open. I'm sitting there with a beer one of the bar staff got me, the owner's daughter comes up to me and says something about not knowing if the manager appreciates me being here - look at her in disbelief & shock, 'cos if he had an issue he would have said something to me, or got the guard to say something.

she starts walking off, stops.. then tells me not to look at her like that, i told her not to speak to me like that.. she walks off again, stops, says excuse you? im like what? she goes, you just called me a slut! i'm like what?! i did not, she then goes get the fuck out of here! im very upset at this point 'cos not only has she lied, she's told me to leave very aggressively. as i was walking out, i just lost it completely... i figure i'm going to lose stock for apparently calling her a slut, how do i know her mother and her haven't set this up?? she was polite when serving me at the bar (funny that, huh?), then she was soo rude to me. so i figured if i'm going to lose stock for calling her a slut, i may as well do it and do it good.. so i threw the glass at the wall and said 'that'll fucken teach ya, slut'.

I then walked out. I paid no attention to the window but I don't think I hit it... impossible, it clearly smashed on the wall.. unless a little bit of glass bounced off and smashed the window a metre or two away from it, LOL. Bitch probably smashed the window herself, haha

 

[Cyph]

When you threw the glass did it get thrown at or near anyone?
Even if he was aiming for the brick wall, if she or someone else felt rather threatened by it he could be up for assault.

Yeah, I threw it in the oppposite direction to everyone.

 

[Cyph]

Guys, I am telling you I did not break the window from throwing the glass... it's IMPOSSIBLE.

Unless there was a window smashed later on which is what my boss seemed to say 'cos he asked me about two things.. I don't know.

The thing that freaks me out is that it's apparently a Heritage building and they reckon I've broken a window over 100 years old. :S

 

[MoonlightSonata]

Guys, I am telling you I did not break the window from throwing the glass... it's IMPOSSIBLE.

Unless there was a window smashed later on which is what my boss seemed to say 'cos he asked me about two things.. I don't know.

The thing that freaks me out is that it's apparently a Heritage building and they reckon I've broken a window over 100 years old. :S

They have to prove you broke it. You say there were cameras? Ask to see the footage of you "breaking" the glass?

 

[MoonlightSonata]

Yeah I'm trying to think of what kind of action for compensation they could bring.

They couldn't sue for conversion because the window is not a chattel.

lol conversion

I'm going to steal your window!

 

[Cyph]

I dare say they have me throwing the glass at the wall... dunno what you would see, the cameras are pretty limited in what they pick up.. it might not show the window and she could have just run around and hit it enough to crack it, but not smash glass onto the ground.. I don't know!

I'm thinking a window has been smashed later on, that's the impression my boss gives me!

He called me when I'm drunk

phone call goes like this:

he was asking me wtf is going through your mind
I'm like nothing mate, why
WTF is going through your mind, Andrew?
Err, just shit
what happened at customs?
I smashed a glass
why?
'cause she accused me of calling her a slut which I didn't do and told me to get the fuck out
and then what happened?
... (does he know about the fight? nah, the boys at the northern are solid they wouldn't do that)
mentions something about smashing a window
I said no way, I threw it at the wall

so I'm guessing this is a seperate incident

 

[MoonlightSonata]

Hey guys, thanks a lot for the help... I really appreciate it!

The full story goes like this:

I'd been there drinking since midnight, after they're closing up and all.. I'm waiting for the bar staff to finish cleaning up and come across the road to the pub which was still open. I'm sitting there with a beer one of the bar staff got me, the owner's daughter comes up to me and says something about not knowing if the manager appreciates me being here - look at her in disbelief & shock, 'cos if he had an issue he would have said something to me, or got the guard to say something.

she starts walking off, stops.. then tells me not to look at her like that, i told her not to speak to me like that.. she walks off again, stops, says excuse you? im like what? she goes, you just called me a slut! i'm like what?! i did not, she then goes get the fuck out of here! im very upset at this point 'cos not only has she lied, she's told me to leave very aggressively. as i was walking out, i just lost it completely... i figure i'm going to lose stock for apparently calling her a slut, how do i know her mother and her haven't set this up?? she was polite when serving me at the bar (funny that, huh?), then she was soo rude to me. so i figured if i'm going to lose stock for calling her a slut, i may as well do it and do it good.. so i threw the glass at the wall and said 'that'll fucken teach ya, slut'.

I then walked out. I paid no attention to the window but I don't think I hit it... impossible, it clearly smashed on the wall.. unless a little bit of glass bounced off and smashed the window a metre or two away from it, LOL. Bitch probably smashed the window herself, haha

Don't take this the wrong way but are you positive you were sober enough to know all this?

Because I'm sure the police prosecutor will put it to you that you were just off your face.

 

[Cyph]

Don't take this the wrong way but are you positive you were sober enough to know all this?

Because I'm sure the police prosecutor will put it to you that you were just off your face.

Does it matter? I recall everything that happened.

 

[MoonlightSonata]

Does it matter? I recall everything that happened.

To borrow a quote, "it's not what you know, it's what you can prove."

ie. will a judge buy your story over the one advanced by your opponent, which, depending on whether you were drunk, may or may be more convincing..

 

[Not-That-Bright]

If you say you were drunk but can recall it and you didn't break the window, but they have a few sober (who the hell?) patrons saying that you broke the window. You will lose.

 

[Cyph]

To borrow a quote, "it's not what you know, it's what you can prove."

ie. will a judge buy your story over the one advanced by your opponent, which, depending on whether you were drunk, may or may be more convincing..

They have me throwing a glass, okay. But, I was provoked and lost it momentarily. I walked across the road and straight into another pub, I can't have been too drunk. while there, I informed them of two people that weren't 18.

A window being broken? I am damn sure I did not break that window when I threw the glass, every person in there can verify that I'm sure. I will bet my life's savings on it.

This seperate incident of a window being broken.. ?? this is what has me stumped.