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Syringe (a weapon)..????

  • 14-11-2009 6:38pm
    #1
    Closed Accounts Posts: 39


    Im after having a debate with a friend about this and he insists that for a person carrying a syringe in the eyes of the government this **wouldnt** fall under a "weapons" law and would be dealt with differently... but I think it would because your using it as a weapon and the definition of weapon

    An instrument of attack or defense in combat
    A means used to defend against or defeat another

    That doesnt eliminate a syringe... though briefly I thought maybe since a syring isn't designed to be a weapon then that might add up to something..... but then again guns (in Ireland anyway) arent sold as weapons. So I still think Im right. Are syringes weapons..?? In the eyes of the court are they treated as weapons???


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yep - Fully covered in Law. Maximum sentence - Life. http://www.irishstatutebook.ie/1997/en/act/pub/0026/index.html

    Sections 6, 7 and 8.

    Tom


  • Registered Users, Registered Users 2 Posts: 7,815 ✭✭✭GerardKeating


    Tom Young wrote: »
    Yep - Fully covered in Law. Maximum sentence - Life. http://www.irishstatutebook.ie/1997/en/act/pub/0026/index.html

    Sections 6, 7 and 8.

    Tom

    My reading of section 7 is that a "syringe" would be treated differently

    ".....unless the person gives to the member reasonable excuse for having the syringe or container with him or her"

    I can give a member of the Garda Síochána a "reasonable excuse" for having a syringe (if i was diabetic for example) whereas i would be difficult to think of an excuse to have a sword, knife or other weapon..


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    My reading of section 7 is that a "syringe" would be treated differently

    ".....unless the person gives to the member reasonable excuse for having the syringe or container with him or her"

    I can give a member of the Garda Síochána a "reasonable excuse" for having a syringe (if i was diabetic for example) whereas i would be difficult to think of an excuse to have a sword, knife or other weapon..

    Yes, I didn't break it down into sections, nor did I address OPs queries in detail. The definition of a syringe as a weapon will be subjective. I say that in the knowledge that the test might well be objective in the context of a heroine addict and registered one at that! ;)

    If the OP wants to know whether he is right or wrong he could exclude valid reasons as to why syringes would validly be in someone's possession.

    Tom


  • Registered Users, Registered Users 2 Posts: 5,063 ✭✭✭Greenmachine


    The fact you were carrying a syringe in and of itself, woulld not nessesarily be an offense. But if you were carrying a used syringe it prolly could be interpretated as a weapon or at least there should be reasonable ground for determining it to be a weapon under certain circumstance.


  • Closed Accounts Posts: 417 ✭✭the locust


    The legislation clearly states as said in s6, 7 & 8 its an offence to:-
    harm, injure or threaten with a syringe,

    and yes simply possess a syringe (or w/blood), is an offence

    also abandoning a syringe where it is likely to injure, cause a threat or frighten is an offence

    This legislation was brought in as a response to the amount of syringe attacks/threats by junkies to pump someone full of aids etc... if you didn't hand over your purse etc...

    I think a reasonable excuse for having a syringe would be if your were a doctor or vet etc...


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  • Registered Users, Registered Users 2 Posts: 274 ✭✭clancyoo7


    Firearms and Offensive Weapons Act, 1990


    9.—(1) Subject to subsections (2) and (3), where a person has with him in any public place any knife or any other article which has a blade or which is sharply pointed, he shall be guilty of an offence.

    on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.


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