http://tsn.ca/nhl/story/?id=338262
6 games
How many games will Rypien get?
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Re: How many games will Rypien get?
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Re: How many games will Rypien get?
Battery is what would have happened if this game was played in Philly.
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Re: How many games will Rypien get?
kodos wrote:Battery is what would have happened if this game was played in Philly.
I see what you did there....
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Re: How many games will Rypien get?
Which one do you think it was, Ollie?
"BOY WAS GONNA GET HIS BUTT KICKED!"
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"BOY WAS GONNA GET HIS BUTT KICKED!"
Thank you, Ollie.
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Re: How many games will Rypien get?
What the hell for?deadphish wrote:If I were that guy I'd filing formal asssault charges. Get Mr. Grypien at his job and criminally.
That was nothing.
I'm just shocked the NHL didn't send a more hardcore message.
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Re: How many games will Rypien get?
Nope, sorry man. Assualt is the threat of harm, battery is the act of causing harm. Had to set through hours of lectures on this point and use of force rules and regs.not_a_wings_fan wrote:Assault: an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
It was clearly assault.
In criminal law, the attempted battery type of assault requires a Specific Intent to commit battery. An intent to frighten will not suffice for this form of assault.
Maybe you need to study more. There was no punching involved, and no damage incurred; only fear that he was going to get his arse stomped.
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Re: How many games will Rypien get?
And the victim was... unharmed. The intent of the action, and the result, was clearly to threaten harm.IllinoisBlue wrote:Nope, sorry man. Assualt is the threat of harm, battery is the act of causing harm. Had to set through hours of lectures on this point and use of force rules and regs.not_a_wings_fan wrote:Assault: an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
It was clearly assault.
In criminal law, the attempted battery type of assault requires a Specific Intent to commit battery. An intent to frighten will not suffice for this form of assault.
Maybe you need to study more. There was no punching involved, and no damage incurred; only fear that he was going to get his arse stomped.
There are very few prosecutors who would press for battery charges based on what transpired - and none who want to keep their conviction rates. In most cases, more damage is needed to rise to the criminal threshold of battery prosecution.
It's a slam dunk assault charge. You might bring a civil charge of battery, but you would have a easier time getting everyone onboard with assault.
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Re: How many games will Rypien get?
You don't have to show any certain level of harm to sue for civil damages I don't believe. I'm sure that criminally you have to show actual harm. Civil you don't. At least from the jurisdictions I'm aware of.not_a_wings_fan wrote:And the victim was... unharmed. The intent of the action, and the result, was clearly to threaten harm.IllinoisBlue wrote:Nope, sorry man. Assualt is the threat of harm, battery is the act of causing harm. Had to set through hours of lectures on this point and use of force rules and regs.not_a_wings_fan wrote:Assault: an intentional act by one person that creates an apprehension in another of an imminent harmful or offensive contact.
It was clearly assault.
In criminal law, the attempted battery type of assault requires a Specific Intent to commit battery. An intent to frighten will not suffice for this form of assault.
Maybe you need to study more. There was no punching involved, and no damage incurred; only fear that he was going to get his arse stomped.
There are very few prosecutors who would press for battery charges based on what transpired - and none who want to keep their conviction rates. In most cases, more damage is needed to rise to the criminal threshold of battery prosecution.
It's a slam dunk assault charge. You might bring a civil charge of battery, but you would have a easier time getting everyone onboard with assault.
Guy prevailed on a battery charge because a waiter forcibly took a plate from his hands once. True story.
If the guy was actually touched I don't even think it would be a proper lawsuit to sue under assault.
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Re: How many games will Rypien get?
Once you actually TOUCH someone it's technically battery. If I were to poke you in the chest with one finger you could have me arrested for battery.
Would the DA push for that in this case - probably not.
Would the DA push for that in this case - probably not.