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Self Defence = assault?

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  • 23-05-2011 1:14am
    #1
    T2daK
    Closed Accounts Posts: 328 ✭✭


    Hey, was just wondering what the story is if someone attempts to/ assaults you and you do damage back to them such as break their nose etc in self defence... will you get done for assault too? Even i can be proven that they attacked first?
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    #2
    jaybeeveedub
    Registered Users Posts: 275 ✭✭jaybeeveedub


    depends entirely on whether such reaction was proprtionate and if teh person acting in self-defence could have run away....

    if A says to B, I'm going kill you and raises his fist, and A apprehends that he is danger of getting a thump. That is an assault. If B breaks A's nose in retaliation, that's excessive self-defence, so the without lawful excuse section below does not apply.


    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.


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    #3
    Locust
    Registered Users Posts: 319 ✭✭Locust


    Yes that someone would be wide open to being done for assault too.


    So someone attempts an assault and in return the injured party defends himself by breaking his attackers nose!? It depends a lot on the circumstances, and ok he attacked you first, but still that sounds a bit excessive.
    The force must be justified and breaking someones nose (a section 3 assault) is hard to justify. Why didn't you use less force or try to apprehend them? Or retreat? Where did it happen? Were you with others? Was alcohol involved?


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