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sec3 assault

  • 17-05-2012 02:28AM
    #1
    canttellyou
    Registered Users, Registered Users 2 Posts: 54 ✭✭


    Below is the definition from the Irish Statute Book.
    Assault causing Harm.
    “harm” means harm to body or mind and includes pain and unconsciousness;


    What injuries would constitute sec3 assault(causing harm)?

    Would this include bruises and/or scratches?
    Or is it for more serious injuries?
    Tagged:


Comments

  • #2
    CharlieCroker
    Registered Users, Registered Users 2 Posts: 8,450 ✭✭✭CharlieCroker


    While technically you could argue section 3, where injuries like that are a reality the DPP would still recommend a prosecution for Section 2.

    A medical report is generally required for a recommendation/conviction for section 3 and also injuries such as broken bones or trauma which, while serious, wouldn't be life threatening (section 4, NFOAP '97)


  • #3
    canttellyou
    Registered Users, Registered Users 2 Posts: 54 ✭✭canttellyou


    What about a clump of hair being pulled out.


  • #4
    CharlieCroker
    Registered Users, Registered Users 2 Posts: 8,450 ✭✭✭CharlieCroker


    canttellyou wrote: »
    What about a clump of hair being pulled out.
    Still S.2 IMO but it depends on the facts of an individual case. It's not always down to any injury caused. Intend/history/weapons used/facts of the incident etc all play a part.


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