![]() ![]() ![]() The main defences for assault are self-defence, duress and necessity, duress although it may be difficult to think of a whole lot of situations where spitting would plausibly fulfil the criteria of duress (ie being forced to spit) or necessity (having to spit to get out of an emergency situation). There are some defences for spitting, for example no intention to inspire fear, or done in anger. It may also carry the possibility of a criminal conviction, which could seriously affect your present and future employment as well as travel to other countries. Spitting also carries other penalties like fines or community service. Her criminal lawyer said that she was drunk and didn’t like the way the police were treating her. Spitting at police is treated very seriously and one woman earlier this year was arrested for shouting abuse and spitting at an officer. While spending two whole years in jail for spitting at someone is not very likely, it has certainly seen more than a few people arrested and some even receiving jail time, if a police officer is the intended target. Under section 61 of the NSW Crimes Act, common assault is an offence and punishable by up to two years in prison. It can still be an offence even if you miss, so long as the victim apprehends immediate unlawful violence. Unauthorised spitting is a ‘battery’ along with a range of other indirect contact such as throwing an object at another person or shining a light into their eyes. There was no consent from the other person.The fact that the victim may have felt in danger because of it and An intention to put another person in fear of unlawful violence or no regard to.With the requisite intention, it may therefore fall under the general category of common assault, which means that no actual harm needs to have been suffered.Įven a threat of immediate harm, or force (under which spitting on someone can be categorised) is enough to make an action fall under the category of assault, if it was accompanied by: So while not right up there with murder, spitting at someone is against the law as long as you intend to spit at or on another person, or are reckless as to whether your spitting may contact another person. The answer is yes, spitting on someone without consent is an offence because it is classified as a ‘battery’ which means unauthorised touching of another person. While there is no doubt that spitting on someone is impolite, you may have wondered whether or not it is an offence. ![]()
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