"If you don't move I'll run you over".
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From: Toom Tabard on 2 Mar 2010 11:38 On 2 Mar, 15:50, Doug <jag...(a)riseup.net> wrote: > On 2 Mar, 11:21, Toom Tabard <t...(a)tabard.freeserve.co.uk> wrote: > > > > > On 2 Mar, 10:18, "Iain" <s...(a)smaps.net> wrote: > > > > I am sure that if you did further research, you could quite swiftly come up > > > with examples of what your legal rights are if you are denied your 'right of > > > free passage' by a trespasser. > > > In almost all forms of trespass, the person whose rights are infringed > > can use reasonable force to remove the trespass. > > In the case of the right to use the highway, if you wish to enforce > > that right and try to force passage or say that you wish to pass, then > > anyone unlawfully denying it, and using, or threatening to use, > > physical force to stop you would be the one who was commiting the > > assault. > > But the cyclist who was threatened with being run over by the motorist > wasn't threatening physical force. > > > "An assault is committed when a person intentionally or recklessly > > causes another to apprehend the immediate infliction of unlawful > > force. (Archbold 19-166 and 19-172)" > If when asked to move he refuses to do so and causes the apprehension of unlawful force when a person wants or tries to pass, then that is assault. He would otherwise have to stand aside and make it clear that the person may pass. > Use of a public highway is not trespass. > Blocking it is without lawful or sufficient objective reason is considered to be so, and allows the use of reasonable force against the perpetrator. Toom
From: Mike Ross on 2 Mar 2010 11:39 On Tue, 2 Mar 2010 07:50:27 -0800 (PST), Doug <jagmad(a)riseup.net> wrote: >On 2 Mar, 11:21, Toom Tabard <t...(a)tabard.freeserve.co.uk> wrote: >> > I am sure that if you did further research, you could quite swiftly come up >> > with examples of what your legal rights are if you are denied your 'right of >> > free passage' by a trespasser. >> "An assault is committed when a person intentionally or recklessly >> causes another to apprehend the immediate infliction of unlawful >> force. (Archbold 19-166 and 19-172)" >> >Use of a public highway is not trespass. You snipped the judgement which Iain posted which said: "The right of the public in respect of a highway is limited to the use of it for the purpose of passing and repassing and for such other reasonable purposes as it is usual to use the highway..." I don't think 'deliberately blocking others from using the highway without lawful authority' would come under the 'reasonable purposes' for which you're allowed to use the highway. 'Use' of a public highway is not trespass, I agree, but as I understand it the case under discussion concerns deliberately blocking the public highway, which is not a legitimate 'use'. Mike -- http://www.corestore.org 'As I walk along these shores I am the history within'
From: Iain on 2 Mar 2010 11:41 "Doug" <jagmad(a)riseup.net> wrote in message news:decea9df-9f12-44e0-8f39-07a691c8107d(a)q16g2000yqq.googlegroups.com... > Use of a public highway is not trespass. If you refer back to my previous post, you will find that misuse is trespass (viz. 'The Law on Torts'). Further to my post, Toom qualified this, also with a quote. You really should read posts more carefully. If you don't understand, please raise your hand and ask! Iain
From: ChelseaTractorMan on 2 Mar 2010 11:42 On Tue, 2 Mar 2010 08:29:50 -0800 (PST), Doug <jagmad(a)riseup.net> wrote: >on a newsgroup that frequently demonises >cyclists? pointing out that many cyclists jump red lights and are self righteous isn't "demonising" its stating obvious facts. -- Mike. .. . Gone beyond the ultimate driving machine.
From: Christopher Bowlas on 2 Mar 2010 11:42
On Mar 2, 11:37 am, "Iain" <s...(a)smaps.net> wrote: > One thing I have been wondering is whether someone can carry out a citizen's > arrest, say, for a cyclist ... cycling on the pavement. Just put a stick through his spokes, then go on your way, stepping carefully over his body if he fell across your path. |