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Old 09-12-2019, 11:27 PM   #115
MBates
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For what it is worth (and at risk of really stirring the pot) throwing a rock at someone because you are mad is 100% textbook assault with a weapon in the Criminal Code.

In fact holding a rock up in a menacing manner making a person reasonably apprehend you are going to throw it at them is still an assault in law. Throwing it is not even required.

And while we are at it, aggressively accosting someone for a cigarette while carrying an enforcer rock can also fit squarely in the definition of a criminal assault:

Quote:
Assault

265 (1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
https://laws-lois.justice.gc.ca/eng/...7.html#docCont

Not advocating every technical assault should be full on investigated by police but all the references (including apparently from the police) that police can’t do anything about someone throwing a rock at you if they miss are quite baffling for how wrong they are.
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