There was an act....she shoved the sign into the window.
There was Mental capacity....She wasn't crazy, and she knew exactly what she was doing.
There was intent.....She intended to to do exactly what she did, why did she move forward and put the sign through the window?
I'm not a mind reader and you're not a minder reader either. We have no idea what her intent was, so let's stop with that BS.
Sheesh you people are not using the critical part of your brain.
See, you're talking as though there is no debate about her intention. You state as fact that her intention was to push the sign into the car. I don't think she did. Even if she did intend to do so, it would not fit your definition of simple assault unless her intent in doing so was to frighten Mr. Paul to the extent that he feared physical harm.
So, really we have three issues here. 1. Can assault (as you've defined it) be proven based on preponderance of evidence. Answer:
Absolutely not. 2. If it somehow could be proven that her intention was to shove the sign into the vehicle, was it her intention in doing so that she wanted Mr. Paul to be frightened for his physical safety. Answer:
Doubtful. and 3. If it was
not her intention to cause Mr. Paul to be frightened for his physical safety, but Mr. Paul was nonetheless frightened for his physical safety, does it fit your definition of assault. Answer:
Absolutely not.
I'm not a lawyer, but I have had legal coursework and I'm sure any lawyer will tell you I'm correct in this assertion. Goldcatt? Where u @?