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I was recording loose barking dog from my car in front of the

 
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Customer Question

I was recording loose barking dog from my car in front of the house of the owenr of the dog (long running dispute); Hi approched mi in my car with the stones in hands; there is running intervention order agains the owner; i call police and thay said that i provoced him;
even if thay can call it provocation - according to the definition "Provocation simply, unaccompanied by a crime or misdemeanor, does not justify the person provoked to commit an assault and battery"
what is your opinion please

Submitted: 290 days and 9 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
Expert:  Havenlawyer replied 290 days and 6 hours ago.

Hello and thank you for your question.

 

Provocation is only a partial defence to a crime, so technically it is not a reason for the police to take action.

 

Nevertheless, the police have a wide discretion as to whether they should act in any particular situation and depending on the seriousness of an offence, the police do not always press charges for relatively minor offences, particularly where the offence has been provoked.

 

If you are unhappy with the way the police handled the incident you should contact the state office of the police department and make a complaint.

 

I trust the above assists your understanding.

 

If you have a follow up question, please ask and I will attempt to assist you further, otherwise please rate my answer so that I can be paid for my time and effort.

 

Please note that I am only paid out of the previously deposited funds if you score me with 3 or more smileys/stars.

 

Thank you.

 

Patrick

41101.6633049421

Expert:  Havenlawyer replied 283 days and 20 hours ago.

I note you have viewed but not rated my answer.

 

If you have a follow up question, please ask and I will attempt to assist you further, otherwise please rate my answer so that I can be paid for my time and effort.

 

Please note that I am only paid out of the previously deposited funds if you score me with 3 or more smileys/stars.

 

If you were dissatisfied with my efforts and want a refund, you should apply to customer service for a refund otherwise the funds will just sit in escrow.

 

Thanks in advance.

41108.0777996528

 
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