Injuring with intent to injure?

Question

My partner has been charged with Injuring with intent to injure. We were out visiting a mall when we accidentally took a park that another person was waiting for. He waited for us at the doors to the mall - we had our 3 children with us 11,9 and a 14mth old (i was carrying) He began to swear and verbally abuse my partner and I said sorry we didn't see you but can you please stop swearing in front of the kids. At this point he said the kids could go and get F#$@ed and started screaming in my face, swearing and hurtling abuse at myself and my family - my baby was screaming by this stage and my 2 older children were separated from us by this man who wouldn't let us past. My partner stepped between the man and I and I managed to get to my older children who were both crying. I turned to see that my partner has clashed heads with the other guy (partner says it was not deliberate although the police say it was from the mall cctv) The guy has a broken nose apparently and has pressed charges and my partner has to go to court. I know this is long winded but have we got any sort of case against the guy who verbally attacked our family and intimidated our children? Also what sort of punishment is my partner likely to receive for this crime. We are from New Zealand by the way.

Answer 1

Not sure of the exact law in NZ, but in QLD Australia he could look at 'defense of self' or 'defense of others'. Without seeing the CCTV and knowing all the in and outs of it it makes it a bit hard. But get yourself a lawyer and look at any 'defense' statutes or 'provocation'.

Answer 2

Hi Angel,

I don't know how different the law is in New Zealand to uk where I live but surely your oh has a defence of provocation/self defence especially as it seems the bloke was scaring his kids and wife too? Was the whole incident captured on cctv?

Good luck and I would think your best bet would be to get a good lawyer x

Answer 3

If your partner assaulted the ********, on CCTV, you're SOL, over a parking spot?

I would have grinned, flipped him off and walked away. You already won the space. He could have used the dreaded "f" word. I would have danced and given him both fingers.

If your spouse is convicted of assault, he's deported. wow, for a parking space!  You can try to fight it. Use the cctv film to your advantage..