threatening assault

Jim10000

Totally hypothethical situation here, I'm not looking for legal advice, just general information about what the legal situation is concerning threatening behaviour rather that actual violence. It's just something I'm interested in.....

Obviously assaulting another person physically is illegal and there are clearly defined courses of action you can take against someone who hits you/beats you up or whatever. But if someone threatens to do you similar damage to you is there any thing you can do to protect yourself, or punish that person?

Say someone repeatedly threatens you with violence (and maybe even in a violent, frightening way) to the extent that you really believe they mean what they say, that they're not just empty threats. Is this in itself a form of assault and is this kind of behaviour as prohibited in Irish law as actual violence is?

Thanks!

sh_o

Two possibilities come to mind under the criminal law-

NON-FATAL OFFENCES AGAINST THE PERSON ACT, 1997

Section 2 (1)(b)(Assault)

2.—(1) A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly—

( a ) directly or indirectly applies force to or causes an impact on the body of another, or

( b ) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact,

without the consent of the other.



Section 5 (Threat to kill or cause serious harm)

5.—(1) A person who, without lawful excuse, makes to another a threat, by any means intending the other to believe it will be carried out, to kill or cause serious harm to that other or a third person shall be guilty of an offence.

.

Jim10000

Thanks a lot, that's exactly what i was wondering about. I was reading about an horrific case in the UK a few days ago where a man was finally killed by a group of young people who had been tormenting him for months, despite him having repeatedly sought assistance from the police.

Also, (back in Ireland) I'm interested in the difference between someone getting a bit mouthy, maybe after a few drinks, who tells someone they'll beat them up (something that probably happens a lot every weekend night in every city in the world and which mostly comes to nothing), and someone who you believe intends to act on their threats.

I'd say there are a lot of grey areas so, again hypothetically, would I be right in assuming that it would be difficult to prove? What action could a person who feels threatened take against the person who threatens them?

Gardai would probably just seek to have the person bound to the peace as a conviction could be difficult to secure whereas binding to the peace is nearly obtained for the asking.