A man in Queensland, Australia asked his tattoo friend to create a tattoo for him.  Thinking this would make him look incredibly cool, he asked for a yin and yang symbol with some dragons on his back.  However, he forgot that he had upset his friend following an argument and that he had greatly offended the tattoo artist.  Instead of his yin and yang symbol, he ended up with a 16-inch tattoo of a penis with a misspelled word implying that the man was homosexual.  According to the Sydney Herald, a friend of his was watching and reassured the man that the tattoo looked good.  When he got home his roommate told him “I don’t think it’s the tattoo you were after.”  Not exactly a yin and yang symbol, or a dragon (although the tattoo artist may argue otherwise).  However, he was charged with two counts of assault for the tattoo and the tattoo artist also apparently punched his victim. 

What is Assault in This Context?

In Australia, an assault occasioning bodily harm has been on the books since 1861.  The prosecution must prove an assault which includes a battery.  However, in the United States, assault refers to an act that causes another person to apprehend an immediate harmful contact.  The actual contact itself is called a battery.  Therefore, if this were to have happened in the United States the man would have probably been charged with a battery. 

What Damages Are Available?

When a person is injured, they can sue someone for the damages they suffer.  This should not be confused with a criminal proceeding in which the person is prosecuted by the state or government.  A criminal proceeding can lead to jail time, probation and potentially fines, however a person cannot prosecute someone on their own, the state must prosecute the aggressor. 

What the person who suffered an injury can do is to sue in civil court for the damages they suffered.  This could include medical bills, loss of work, property damage and even pain and suffering.  In this case, the victim will likely seek damages in order to erase the tattoo on his back which have been estimated to be about $2,000.  These damages would likely include the actual medical bills, perhaps time off from work to get the procedures done, and maybe even some money for pain and suffering since he will have to cover up until the tattoo can be removed and he will have to undergo rather painful laser treatments.

What do you think, did the victim get what he deserved?