Open a case or not

**lucsta** · 08-10-2010, 08:33

Hi Guy's,

I am a tad confused over something and would appreciate some constructive input....

I was in a situation where there were some highly charged emotions being thrown between two people and one of them approached the other (other = armed, and standing still = ME) in what was perceived to be an aggresive manner, ending up within 25cm of me, face to face.
Clearly feeling uncomfortable, I lift my shirt, exposing my hidden firearm and place a hand on it, whilst the firearm remains holstered at all times. Situation is eventually controlled by me turning and walking away, advising that we should both should go to the Police station to sort out. Situation ends there.....

Am I in any danger with the police, remember, the firearm was never drawn or pointed?
I did not feel the need to lay a charge as we were both shouting at eachother and he did not initiate a full out attack on me but am unsure whether the other party (ex gardener in a complex with a few intimidation charges being laid against him) did.
I went to the Police station and the Captain I spoke to, even demosnstrating my position, i.e. exposing my firearm to him in the charge office, did not see any problem with it.

Just to be safe, I made an affidavit on the events of yesterday morning and had it signed and stamped by the police.

I know that I was a complete a...hole to expose my firearm however, not being effectively combat trained I perceived a threat and reacted in a way I felt was appropriate at the time.

Do I leave it at here or must I go and lay a formal charge in case the other chap has perhaps lied and said I drew my weapon? I do have two witnesses that saw the entire event. One is the security guard at our main entrance and the other a resident who has in fact been intimidated by this man recently.

I appreciate any good advice.

Cheers.

**john noy** · 08-10-2010, 09:10

Go and open a case the next chap that he has an argument with might not be so lucky..........

**SSP** · 08-10-2010, 09:42

I'd lay a charge.

What you did, although not pointing a firearm as contemplated in the FCA, is at least, intimidation and assault.

Be the first to put a version to 5oh.

**lucsta** · 08-10-2010, 09:46

Thanks john noy..... I know that he has one charge laid yesterday and 2 more being made today and Monday when another resident returns.... I am pretty sure he will be investigated for these and will hopefully be told to dissapear. I also beleive that the Body Corporate is taking out a restraining order against him...

The big problem here is that he works privately for 2 or 3 other residents in the complex (a complex of 92 units) and the committee has been reluctant to take action, i.e. ban him from the complex, because they feel they could face lawsuit from these units. He has therefore been allowed to roam the complex (as he has been let in by a resident) and in fact intimidated a 70+ year old lady on Tuesday because she enquired what he was doing using the guard house kitchen when he no longer works for the estate/complex.. He resigned after a similar intimidation on two 30 year old females a month ago...
Whilst trying to assist the committee, I have received differing advice from a couple of lawyers but seems that the body corporate do indeed have the power to prevent access to people... I do not think the municipality owns our internal roads as we are not a huge estate but rather a complex of cluster portions, i.e. portion x of stand y.... Surely as a private complex the body corporate can ban him?

I am no lawyer but cannot understand how we pay to live in secrued estates yet we can be held to ransom by ex employees and clearly unstable people.... In fact, this morning his car was parked outside our complex and when my wife left for work she saw him with three or four employees standing outside the gate socialising!

Perhaps a legal eagle can clear the above point out too?

The header I used for the thread is slightly misleading, please read - am I in possible legal sh1t or not.....
I am concerened about the firearm issue and please excuse my ignorance here but could I face any repercussions (bar the obvious that this doos now knows I am armed!) for exposing my firearm and resting my hand on it during said confrontation?

Cheers.

---------- Post added at 07:46 ---------- Previous post was at 07:45 ----------

Thanks SSP..... sorry, didnt see your response before posting above. Ciao..

**Prodigal** · 08-10-2010, 09:56

I think there are 2 issues here. The fact this guy is a problem for your body corp & your personal issue surrounding your confrontation with him.
I wouldn't bother seeking legal advice on a forum for your body corp. They should appoint a lawyer, seek his advice and take appropriate action against this guy as fast as possible.

You on the other hand should take the advice here and go lay a charge before this guy does against you.

**andy_760901** · 08-10-2010, 09:57

SSP, how do his actions constitute an assault, i understand that even if ones points a finger at someone and it touches them this can be deemed as assault, but shouting, how is this the case?

I would say that you could be charged with brandishing a firearm, in terms of the current legislation, and perhaps intimidation, but that would be argued on the brandishing charge.

SSP, im not arguing, just merely curious as to your train of thought...

**SSP** · 08-10-2010, 10:04

There does not have to be physical contact for there to be an assault. The threat, either express or implied, is sufficent.

The OP threatned the employee with serious harm or death by exposing his firearm to him. This was, probably, justified in order to prevent the employee from continuing his intimidation and/or escalating the situation. In short the OP feared, I'm sure, for his life and bodily integrity and used the least amount of force (the threat thereof) to stop an imminent attack.

**b20** · 08-10-2010, 10:14

lucsta, I would be VERY wary if I were you, going forward. The last time I had an argument with the security guard at my last complex, I was robbed a week later, in the middle of a weekday.

The guy knows where you live, knows you are armed, and now has a grudge against you. I think you really need to be on the lookout. BTW, having him banned from the complex shouldnt make you let down your guard either...

**andy_760901** · 08-10-2010, 10:19

b20 ..... 100%, eternal vigilance is the price of freedom...

**lucsta** · 08-10-2010, 10:40

Thanks all....

I have written the play of events down (same as my Affidavit but using a couple of better words, thanks SSP!) and will go this afternoon to lay a formal charge.....
Agree 100% on the vigilant side and obviously with him being mobile (having his own car) it doesnt stop at the complex gates.... I worry most about my wife and kids! According to other workers in the complex he is known as a dangerous man.

Anyhow, I guess laying a formal charge will also strengthen my case "should" anything further transpire and I am forced to do something. I pray God not.

Ciao.