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Self defence on your own property

  • 16-02-2009 8:45pm
    #1
    Closed Accounts Posts: 492 ✭✭


    Whats the deal with defending yourself in Ireland, I have 2 scenarios

    1) Walking down the street this weekend me and a friend were jumped by some *holds back on racial attack* eastern european guys. To what extent can we defend ourselves against these guys withought getting arrested as an end result?

    2) Someone breaks into your house.. what can you do? is it true that you're not allowed to confront them until they're upstairs?


Comments

  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    QOTSA90 wrote: »
    Whats the deal with defending yourself in Ireland, I have 2 scenarios


    2) Someone breaks into your house.. what can you do? is it true that you're not allowed to confront them until they're upstairs?

    2) Hey OP So what if I live in a bungalow??


  • Registered Users, Registered Users 2 Posts: 121 ✭✭j2dab


    Just make sure you kill them then you can drag them upstairs or whatever needs to be done


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    If attacked in a public place there is an obligation to retreat if safe to do so before you can use self defence. You also must not have created the situation in which self defence has to be used and an illegal weapon can not be used in self defence.

    In your own dwelling, the "castle doctrine" applies. A person may use self defense, up to and including lethal force, if reasonable to do so, against a burglar with no obligation to retreat against an intruder in their dwelling.


  • Closed Accounts Posts: 492 ✭✭QOTSA90


    gabhain7 wrote: »
    If attacked in a public place there is an obligation to retreat if safe to do so before you can use self defence. You also must not have created the situation in which self defence has to be used and an illegal weapon can not be used in self defence.

    In your own dwelling, the "castle doctrine" applies. A person may use self defense, up to and including lethal force, if reasonable to do so, against a burglar with no obligation to retreat against an intruder in their dwelling.

    Thanks for clearing that up, and in both cases of bein assaulted in the last few weeks. The first time it was as random as me passing the guy and him hittin me a dig, and the second time just as retarded.. he asked for a cigarette.. my friend didnt have one.. so he got hit a few times before we got the fxck outta there!


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    gabhain7 wrote: »

    In your own dwelling, the "castle doctrine" applies. A person may use self defense, up to and including lethal force, if reasonable to do so, against a burglar with no obligation to retreat against an intruder in their dwelling.

    How does it work regarding weapons? Do you have to be on an equal footing?

    Like if the burglar is unarmed I can only use fists to be equal? The burglar has a knife so I can use a knife. The burglar has a crowbar so I can use a hurley.

    I'm just wondering about weapons and excessive force, will one category be automatically excessive if the burglar came unarmed?

    Actually, this post reminds me of this classic quote from The Untouchables:
    hey pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue. *That's* the *Chicago* way!


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  • Registered Users, Registered Users 2 Posts: 10,262 ✭✭✭✭Joey the lips


    j2dab wrote: »
    Just make sure you kill them then you can drag them upstairs or whatever needs to be done


    This is funny.... The strange thing is the law will prob jail you for doing a public service.


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