Can farting constitute an assault?

Gone with the wind? Not exactly, but how do I start a commentary on a case about farting? In Wales.

One Rhionan Evans had some issues with a Deborah Prytherch, the ex-girlfriend of current beau of Rhionan. Rhionan decided to clear the air. She recorded eight videos of her passing gas towards her camera, which videos she sent to Deborah.

The victim was not amused by these cyber gas attacks. They certainly added a new dimension to the term, “you’ve got mail.”

Deborah notified the police, who arrested her at her home where she confessed to the incidents of reeking havoc. I hear rumours police also searched her house and confiscated a case of beans. I’d say the case for the prosecution was airtight.

Rhionan’s lawyer argued that her client had a few drinks at the time of the filming, and that there was “no malicious intent.” It should be noted that in the videos her client can be seen smirking and enjoying the presentations. I don’t know about that no malicious intent part. It’s not like she sent the victim a Valentine.

The judge found the accused guilty and ordered that she be restrained from contacting Deborah for two years and that she undergo 15 hours of rehab. I don’t know what these rehab sessions would entail. How to wean yourself off broccoli? Passing on Brussels sprouts? Alternative ways of using a cellphone camera? Who knows?

The judge also ordered her to pay a fine of about $373 plus about $124 as compensation to Deborah. I have no clue how these numbers were arrived at. Doing the math that works out to $43.63 per fine per session. I doubt there is legislation in Wales dealing with this type of assault. Something like:

“Cyber Gas Attacks Act — Section 7a) Anyone sending recordings to unsuspecting parties of them releasing flatulence shall be liable to a penalty not exceeding $43.63 per submission for the first eight submissions, $57.29 for submissions nine to sixteen,”… etc.

And the compensation part of it: $124 works out to about $15.50 a shot. Barely enough for the victim to buy a medium pizza. Yes, the justice system of Wales is not perfect.

Of interest is that an appeals court in Australia a couple of years back found for the defendant Construction Engineering in a case where an employee, one Hingst, sued his employer for bullying, claiming his supervisor, a Mr. Short, would enter his small office several times a day and do a live version of what Rhionan did online. The High Court judge held that there was neither an assault nor bullying. Appeal was dismissed. I disagree. This was a bad decision. Gives me a good idea why they call Australia “down under.”

I believe the courts should be tough on these types of offenders. They remind me of Don Quixote. Actually in reverse. They constitute a case of the windmills tilting at the persons.

This article was originally published in Law 360 (Lexis Nexis Canada).