"Mxsmanic" wrote in message
news:k6koovgufpuhhqfv11jtk4likin817662u@4ax.com...
> Keith Willshaw writes:
>
> > Since use of reasonable force in self defense is allowed saying
> > "If you hit me I'll punch your head in" is not assault even though
> > you intend to cause the other party apprehension of danger.
>
> Your intent is conditional on their own action. However, if you don't
> give that condition, it's assault.
>
> Additionally, if you say what you plan to do, it's premeditation. If
> something happens and you're use of force is found to be excessive, that
> premeditation will count dearly against you.
>
> "If that guy bothers me again, I'll kill him" is an extremely dangerous
> thing to say in front of witnesses. If you get in a fight and he dies,
> you're a murderer.
>
This is simplistic at best, any defense lawyer can and will point
out that this is a common figure of speech and rarely carries
the literal meaning implied.
To prove murder under English law you have to establish that
the accused could have reasonably expected death would
result of his actions AND he was not using reasonable force
in self defense AND he had a real intent to kill.
> > Unless acompanied by overt physical acts or a recording of the
> > events its seems highly unlikely that a prosecution would
> > succeed in such a case.
>
> Neither of these is necessary to obtain a conviction.
>
Absence of either of these is lack of proof beyond a reasonable
doubt and the prosecution would fail , indeed in England the
CPS wouldnt even bring such a case.
Prison cells are full of drunks on weekend nights who have
done just this, usually they are released next morning
without charge, at worst they get done for drunk and disorderly
or affray.
Keith
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