Page 2574 - Week 10 - Tuesday, 13 October 1992

ATTORNEY GENERAL FOR THE AUSTRALIAN CAPITAL TERRITORY

LEGISLATIVE ASSEMBLY QUESTION

QUESTION NO 321

Prosecutions for Verbal Assault

MR WESTENDE - Asked the Attorney General upon notice on 15 September 1992:

1) Does the Attorney-General agree that the law applies to all citizens

irrespective of background and that all persons breaking the law should

be prosecuted equally.

2) Does a threat constitute a verbal assault and is this punishable by law.

3) If so will the Attorney-General assist citizens who have been threatened

and who cannot get the police to take action.

MR. CONNOLLY - The answer to the members question is as follows:

1) The law does apply to all citizens equally. However, it is appropriate that

the law enforcement and prosecution authorities should have discretions

as to whether to investigate or to prosecute an offence. These discretions

are exercised on the basis of the seriousness of the offence; the

characteristics and antecedents of the alleged offender; the circumstances

of the offence; the quality of the evidence; and general public interest

considerations including the costs and benefits of devoting resources to

the particular matter at the expense of other priorities and demands.

2 and 3) These questions are too general. If Mr Westende is prepared to supply

me with details of the facts giving rise to his questions I will be happy to

look into them if that appears warranted.

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