[kirklancaster]

Originally Posted by arista

No Kirk
then she goes to Jail


By using a Pepper Spray
its like a Police Tool
ideal

It's still not lawful to use one Arista and constitutes assault or worse. The legal issue is very complex, but is basically the same as if you're in a punch up; if some idiot punches you in the nose and his blow lands, then you punch him back once and KO him, you could be charged with assault, GBH or worse.

Why? Because your punch can be deemed as 'offensive' not 'defensive' because his blow has already struck and you are not legally defending yourself but 'attacking' him.

Now if he continued to punch you and you then hit him back and KO him, you might have a defense of 'acting in self-defense, if you know what I mean, but if a proper fight ensued, regardless of the 'winner', you both could be charged with an array of offences, even though you didn't start it.

If the woman pepper sprayed him just because he demanded her keys - even if a threatening tone was used - she is the one who could face the more serious charge.

Much better to spray him, baseball bat him, then before ringing the cops, ring some of your mates to come to provide false testimony of how he beat you several times, then tried to baseball bat you, but in a struggle you managed to wrest the bat from him and hit him once with it by way of 'self-preservation'. The witnesses could say how his face hit the floor hard to explain any damage to that.

Better still, just beat the bastard to death and drive off.