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Imran Siddiqui

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The Potterverse
Jan 1970 time: 00:20
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quote: for the sake of all arguments the two parties are both gulity of battery. Wb for the burning and the other guy for flicking his cig at him while exiting the bus. But wb is also guilty of assualt for making the other guy fear that he was about to hit him. To me it is blantantly apparent wb wasnt afraid this guy was going to hit him so therfore the other guy isnt guilty of assualt. |
Actually you may have it backwards. If the guy flicked his cigarette at WB, then he is liable for assault (reasonable apprehension of a battery). If it hit WB, then it's a battery as well. If WB flicked the cig quickly, making it a surprise that the cig was in his lap (which I've seen happen before, mind... flicking a cig quick so that the smoker doesn't know what the Hell happened), then the other guy didn't reasonably apprehend a battery, but was battered.
Btw, the legal standard is reasonable apprehension. NOT being scared (fear can either mean being scared or a reasonable apprehension, depending on how you use it.. ie, I can fear that a fly will land me). Being scared is never, never, never a standard for assault. If a 90 lb weakling throws a punch at a 200 lb, muscle bound guy, and misses, that's still assault.
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