Damon Locantro has made a name for himself on the Sunshine Coast defending people charged with breaking the law. His practice, Locantro Lawyers, specialises in criminal defence but also offers services to those facing action by a government department. Damon has 15 years experience in criminal law and was formerly a NSW prosecutor and member of the NSW Police Service. Is huffing a form of assault?
| Damon Locantro
In the Magistrates Court today, a young man faced a charge of assaulting a police officer (see story).
The allegation was that he breathed on the police officer. I'll say it again if you did not believe what you just read: He breathed on the police officer.
He said he was just huffing.
He was not represented by a lawyer and he eventually pleaded guilty because he did not want to waste any more of his or the court's time.
I cannot believe the police continued with a prosecution for such a charge.
It raises many issues, the most important being whether breathing on someone is an assault.
Assault is defined as striking, touching, moving, or otherwise applying force of any kind to another without consent.
Further, "applies force includes applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort".
This young man would have had a number of defences.
The case raises concerns. Assaulting a police officer is a serious charge and if our police are going to take action against people for something so minor, we had all better hold our breath if we come into contact with them.
The police are calling for mandatory sentences of imprisonment for people who assault them. I call for some common sense and the proper consideration of the public interest in the prosecution of matters of this nature.
I would like to hear from members of the community. What do you think?
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Recent Comments
I'd like to know why this act of blowing in the officer's face was allegedly followed by an actual physical assault by the officer, ripping this motorist's shirt and spreading him across the bonnet of the car.
Why was that necessary? Can't a peaceful arrest be made? Or did the motorist resist?
I don't like what the motorist did, but nor do I like the sound of what the police did either.
This was reportedly a senior police officer who alleged assault for being breathed on. Even if the breathing was excessively "heavy", this officer should set an example of how to behave, not indulge in a ridiculous power trip.
What in hell is this all telling us about police culture in Queensland?
An assault is any act which intentionally or recklessly causes another person to fear immediate and unlawful violence. Any actual striking or use of force against the person of the victim is technically a battery.
Communicable diseases are easily spread via the airborne route. The police officer could have easily picked up anything from influenza to tuberculosis.
I would suggest that Mr Locantro would have thought rather differently on the matter when he was in the police force?
The bloke got off lightly.
To breathe is a right to life could you imagine if this is the case what Ambulances Officers put up with, Doctors, Nurses and Health Professionals, how many assaults must they have a day.
Come on QPS grow up, stop wasting precious resources, court time and costs and put some real criminals and crime to rest.
On the issue of mandatory jail sentences for assaulting a police officer. The idea is good, but why confine it to assault on a police officer, this should apply to all members of the public. The police should not be treated as an elite body.
If this lad was your client and he told you he was not guilty, you would have gone to trial and conducted a vigorous defence wouldn't you?
By the way, when you were in the police did you expect someone to blow wind in your face and walk away without prosecution. I think not.
Think about what you would do if an angry client blew wind in your face.
Who would you call, I bet it wouldn't be ghost busters!
As for sunnygirl22's comment, please speak for yourself & not others. If healthcare professionals are assaulted, the police back us up & take action. The answer to your question is I have never been assaulted in this way, nor have I heard any of my colleagues having it done to them.