Should Anning be charged for assault of Eggboy?

Scott Morrison seems to think so:

PM Scott Morrison says the ‘full force of the law’ should be applied to Senator Anning for assaulting a 17-year-old boy who cracked an egg on his head.

Source: The West Australian

Note that the question is not about whether Eggboy should be charged with assault.

Shorten’s response is more like a Union leader:

Shorten defends ‘Egg Boy’

‘He’s not a villain’, he said.

‘He’s a frustrated young person looking at the toxic nature of what this man’s saying… I understand where he’s coming from’.

Mr Shorten didn’t completely excuse the egging, saying if one of his own children had done the same, ‘I’d say that’s not the way to get your view across’.

Source: News.com.au

That’s not the point. Assault is assault. Anyone who aspires to be PM should NEVER condone any form of violence. Ever.

The Australian reported that his Comrade, ACTU Secretary Sally McManus told ABC TV that

the ability to break an ‘unjust’ law was a ‘fundamental part of democracy’

and

‘It’s a basic principle that people have taken throughout the world, in Nazi Germany, in a whole lot of places’.

Shorten echoed the Nazi hyperbole:

‘How many neo-nazi loving thugs does it take to wrestle a 17-year-old?’ he said.

‘I think the reaction by the goons around the Senator was so over the top, it just actually shows you what we’re dealing with in the fringe elements of Australia’.

Here is a more measured analysis:

Upon egging the senator, the teen steps backward and continues to film, with his phone in one hand. He certainly does not do anything to indicate further action – his movements suggest the contrary. The senator then turns to his left to face the teen and, after a brief moment of observation, strikes him in the face. As the teen stumbles backward, the senator moves towards him and strikes him a second time. Almost at the same time as the second strike, the teen attempts to strike back at the much larger man

In the event Mr Anning is charged with assault, his defence lawyers would likely raise self-defence at any ensuing hearing.

They could do this by adducing evidence the senator was fearful for his safety and that his response in striking the teen was a reasonable response to the circumstances as he saw them at that time.

Film of the footage would be played during the prosecution case, which would precedes any evidence brought by the defence.

The senator might then take the witness stand in an attempt to explain his reaction by testifying about his fear at the time – specifically, that he felt the strikes were necessary in his own defence.

There is no doubt extensive cross-examination would follow, likely canvassing areas such as the conduct of the teen after the egging – especially the fact he took backward steps before being struck – the teen’s size and demeanour, the fact the senator is seen to look at the teen rather than react instantaneously, the fact his minders are nearby, that he could have simply stood in the same place or moved away (and the conduct was therefore unnecessary), that he moved toward and struck a second as the teen stumbled backward (raising ‘excessive self defence’, which is equally an assault under the law) – and the list goes on and on.

The prosecution would later make submissions that there is no reasonable possibility – in all the circumstances – the senator’s actions could be considered a reasonable response under the law.

Charges must be brought

In any event, the law makes clear that police require only a suspicion on reasonable grounds that an offence has occurred in order to bring criminal charges against a suspect.

And needless to say, criminal charges can be brought against more than one participant in an assault, even if only two people are involved.

There is little question the footage is more than enough to provide a reasonable suspicion that senator Anning committed a common assault.

Source: Fraser Anning’s Reaction to Being Egged: Assault or Self-Defence? – Lexology

Summary: So much for the defence of ‘self-defence’.

Here is the footage again, decide for yourself whether Anning was acting in self-defence:

Fraser Anning punches teen after being egged while speaking to media in Melbourne

– Source: ABC

By The Way, the video clearly shows that Anning slapped EggBoy with an open hand. The ABC’s misleading headline claims that Anning ‘punched’ him.

If any jury is involved, they will have to be directed to ignore ABC coverage.