[Pyramid*]

Originally Posted by Shasown

Nice try but its best not to use outdated UK sources for a legal reference for Scottish Law. (In order to tidy up Scottish Law, The Scottish Criminal Justice and Licensing Act 2010 was introduced. You will notice on the site you referenced its not mentioned at all.) It also good to understand the meaning of certain legal terms before you use them as a defence.

Lets go through what you have highlighted and I will point out your misunderstandings, because there are a few.

"Criminal intent" was shown by Big Man to a witness namely the person who filmed the incident when BM said "if I go to jail..." that means he was aware that what he was about to do could be classed as a criminal act but was going to do it anyway. Thats criminal intent. Ignorance of a law is no defence in the eyes of the law.

"an accidental injury does not amount to assault." Thats very true, however in pushing the yob of the train he caused the injury, a sheriff(or jury) will question is it likely that someone may receive a graze or similar in being pushed off a stationary train, yeah it is likely depending on the force used to push the person off. In that case its not an accidental injury.

"In certain cases an assault may be justified by showing that it was done under the authority of the law; in defence of others" In defence of who? Who was being attacked etc. Simply because people are being slightly inconvenienced doesnt mean they need someone to defend them.


Just going off the video the yob was guilty of threatening and abusive behaviour, thats section 38 of SCJ&L Act its not an indictable offence therefore its not something a private citizen should "lay hands" on to rectify. (what used to be classed as Breach of the Peace).

Let's see if he is charged and found guilty........ besides whch, let's be honest here - you have no better grasp of Scottish Criminal Law, than I do. We can all google till our hearts are content and pretend we know of things we actually don't - that's not exclusive.

Originally Posted by Vicky.

In certain cases an assault may be justified by showing that it was done under the authority of the law; in defence of others

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Well it wasnt really done under the authority of law tbh

And you can hardly argue that it was in defense of others...were his nasty swear words going to hurt the conductor so much that he could not reach for his radio and contact he correct people to deal with the matter? Bless :'(

As I said to Shasown - let's see if he is found guilty.