回復 coolcooleric 的帖子
Just in very very simple word, Intention is not necessary in assault, you 無心 hurt him still most likely have criminal liability. But if you have intention, then the case will be worst! Say, the prosecution will charge you some more heavier indictment. Moreover, if you have intended to do so, then there not any mitigating factor for the judge sentencing decision. Just a very very example, say, assault max penalty is 5 year, then that one have intention may 5 year, and that 無心 is only 2 year. For the civil, no matter u have intention or not, the victim still entitle to bring a civil action against you. Intention or not may affect how much compensation the victim can get. It is a very very difficult question to discuss here. Once again, it is only some kind of friendly discussion and not any kind of formal legal advice. But the case is exactly like the one stated in the newspaper. First is criminal, after that, it depends the victim claim you or not, if yes, then it is civil. |