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Defination of assault?

  • 25-01-2011 9:36pm
    #1
    Registered Users, Registered Users 2 Posts: 5,566 ✭✭✭


    I don't normally post in this form but curious for a bit of advice, can someone explain what the defination of "assault" is, basically I'm being accused of assault but someone who tried to enter a premises having been told a number of times that the premises was closed, when the door of the building was opened to let a different customer out they tried to barge in, and I stopped them.
    He hasn't gone legal but is threatening to which is partly what has me concerned that and the massive black mark his about to get put on my file in work.

    Here's a description of what happend:
    Basically, Sunday evening of last week I was closing the store and a bit of an incident occured. At six o'clock I locked the doors to the store at which point there were a few members of staff and one customer, as usual a number of people tried coming in but we told them through the door that we were closed and they went on their way. But this group of four or five lads came up to the door trying to get in, they were told that we were closed and would have to come back tomorrow.
    As the customer who had been in the store finished, I walked to the door with him, the lads outside said through the door that they wanted to come in but I told them twice though the locked door (it's quiet easy to hear through the door) that we were closed for the day. I unlocked the door to let the customer out and they guy at the front of the group tried to enter the store, I was standing in the doorway at this stage with the door opened and again told him that the store was closed and then asked him to step back to let the customer out.
    Instead of stepping back he came forward towards the door as if to enter the shop, at this stage I put my arm out and placed my hand on his arm, to stop him coming forward anymore, again told him that the store was closed and told him to let the customer leave the store.
    At this stage his stage shouting that I'd assualted him and was calling the gardai, I basically said fine, went back into the store and proceeded to cash up and head home.

    Now when I say I put my arm out and placed my hand on his arm, it was in no way a slip, punch etc I placed my hand on his arm the same way you'd affectionately put your hand on a friends arm only there was obviously a bit more force, but it was to stop him entering as opposed to pushing him back.

    Really appreciate your feedback folks.

    EDIT: I'm not seeking advice, more just peoples opinion of where does it lie in relation to assault.


Comments

  • Registered Users, Registered Users 2 Posts: 1,435 ✭✭✭Big Lar


    Piff, don't worry about it. Storm in a teacup

    I'm sure the dpp has more serious cases than that to deal with


  • Closed Accounts Posts: 14,670 ✭✭✭✭Wolfe Tone



    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.

    (2) In subsection (1) (a), “force” includes—

    (a) application of heat, light, electric current, noise or any other form of energy, and

    (b) application of matter in solid liquid or gaseous form.

    (3) No such offence is committed if the force or impact, not being intended or likely to cause injury, is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is in fact unacceptable to the other person.

    (4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both.




    Basically if you touch him unlawfully. Doesn't have to be a thump in the face.


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    If you refused him entry to the premises and he persisted in attempting to enter by force you were well within your rights to stop him with what sounds like reasonable force. You have nothing to worry about based on the description of the events you have given above.

    If he behaved the way he did then I suspect that even if he did go to the Gardai, they would have given him short shrift i.e. told him to piss off and stop wasting their time.

    Believe me, the Gardai know when someone is trying to use them to intimidate someone with false accusations, it happens most Saturday nights.

    As a matter of interest, what type of premises closes at 6 p.m. and yet a knacker like this guy is desperate to get in? If you said pub closing time I could understand but 6 p.m.?


This discussion has been closed.
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