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Question Details: I was at a party and got into an argument with someone. I warned him that I would kick him in the head. He then gave me permission and egged me on some more. I am unsure of whether or not this is actually legally binding (him giving me permission to kick him in the head). Can I still get charged with assault?
Filed under Criminal Law | 1385 View(s)
Community Law Wellington & Hutt Valley
Yes, you could be charged with assault in these circumstances.
If you are charged, you may be able to try to use the defence of "consent", but it might not be successful. In some circumstances a person may consent to being harmed by another - for example, in organised sport such as a boxing match. However, altercations such as the one you describe would not fall under these types of circumstances. In general, the defence of consent is not available in circumstances of fighting. If you kicked the person, that is an assault.
Also, your warning that you "would kick him in the head" may also count as an assault. Threats to apply force can count as "assaults" under the law, if the threat is realistic.
Answered 21 Jan 2013. The IMPORTANT NOTICE below is part of this answer.
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