Assault questions

[Orleander]

OK, so nothing is done with a 10 yr old vs an 8 yr old. That is my question. At about what age, do you view it as assault? 15? 18? 20?

[ngcsubutterbar]

mental capacity is the determining factor.


mind you if they were in someones care, and one of them got hurt, and that caregiver knew they were fighting and didn't take reasonable measures to stop it or seperate them, that care giver 'could' be held liable.

[mcsap]

If we are talking an actual assault either causing or with the apparent intent to cause injuries, still separate and call the parents and let them decide what they would want done. If unprovoked, about age 15 and up I would start charging. But that would depend on the circumstances. Legally it is age 12. I have never arrested a 12 year old for assault. My brothers would still be in jail for the assaults they practiced on me.

[rdp]

If the juvenile (aggressor) is past the age where intent can be manifested (10) and the violence is against a family member related by blood, we are compelled to arrest the subject per the DV law.

The law says if we fail to arrest we could be charged.

Personally, I'll take the heat by not making the arrest.

The DV law is sooooo broad it has ventured into areas it was never intended to.

[greg6099]

What would I do in this scenario?

Crim code deems that the offender not liable per s29.

We can provide, per our Juvenile Justice Act, a 'Behavioural Caution' thus 'solving' the crime if a report was taken.

If the juvenile had some form or mental problem which caused him the commit the crime then we can have that person assessed etc.

Realistically speaking. Between me and you. I think I would take the parents outside and give them a bit of 'parenting advice' and advise them of what goes on in the real world with siblings. Perhaps send, or let let them know where they can obtain some parenting skills courses.

Between age of 10 and 14 can be charged if we prove 'requisite capacity' of the juvenile to know right from wrong.

[Orleander]

Thanks all. That is what I was wondering.
And greg, love love love your sig line!

[greg6099]

Orleander: My goal in life is to pass on the mistakes that I have learnt so that none may suffer the indiginity that I have suffered. Dustbusters and cats DO NOT mix.