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GBH

  • 27-07-2012 11:03pm
    #1
    A_Sober_Paddy
    Closed Accounts Posts: 4,221 ✭✭✭


    Hey all,

    I'm just looking for some info on the potential outcome of someone getting found guilty of GBH?

    Such as likelihood of serving jail time etc...


Comments

  • #2
    CharlieCroker
    Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭CharlieCroker


    No such offence as GBH in the republic of ireland.

    In ireland it's
    Section 2 Assault
    Section 3 Assault causing harm
    Section 4 causing serious harm

    All contrary to the Non-fatal offences against the person Act, 1997


  • #3
    A_Sober_Paddy
    Closed Accounts Posts: 4,221 ✭✭✭A_Sober_Paddy


    CharlieCroker wrote: »
    No such offence as GBH in the republic of ireland.

    In ireland it's
    Section 2 Assault
    Section 3 Assault causing harm
    Section 4 causing serious harm

    All contrary to the Non-fatal offences against the person Act, 1997

    So my question would be in relation to Section 3




    *700th Post*


  • #4
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    A_Sober_Paddy wrote: »
    So my question would be in relation to Section 3




    *700th Post*

    Then it depends on previous, it depends on the facts behind the assault it depends on how serious the harm it depends on a guilty plea, in effect anything from probation act to possibly 7 or more years inside. The max is life but I would think off hand that is rare not sure if ever given.


  • #5
    A_Sober_Paddy
    Closed Accounts Posts: 4,221 ✭✭✭A_Sober_Paddy


    ResearchWill wrote: »
    Then it depends on previous, it depends on the facts behind the assault it depends on how serious the harm it depends on a guilty plea, in effect anything from probation act to possibly 7 or more years inside. The max is life but I would think off hand that is rare not sure if ever given.

    Well if its a 1st offence, and the person who was assaulted didn't need to go to the hospital...


  • #6
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    A_Sober_Paddy wrote: »
    Well if its a 1st offence, and the person who was assaulted didn't need to go to the hospital...

    What I was trying to say is no one can really answer that question, medical reports would be required, the persons attitude I.e. compensation offered and accepted. If anyone is in this situation get good local legal advice.


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  • #7
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Just throwing this out there - doesn't GBH equate to section 4 here? ABH would be section 3?


  • #8
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    GCDLawstudent wrote: »
    Just throwing this out there - doesn't GBH equate to section 4 here? ABH would be section 3?

    Yes but the OP after reading the sections said section 3 he also said there was no trip to hospital sounds like section 3 but could depending on medicals be section 4.


  • #9
    CharlieCroker
    Registered Users, Registered Users 2 Posts: 8,451 ✭✭✭CharlieCroker


    No trip to hospital means no medical report means Section 2 at most. Unless the offender has a serious amount of previous convictions, I can't see prison being a problem. I'd say anything from probation/compensation/donation to poor box.

    It really does depend on a number of factors


  • #10
    krd
    Banned (with Prison Access) Posts: 3,455 ✭✭✭krd


    A_Sober_Paddy wrote: »
    Well if its a 1st offence, and the person who was assaulted didn't need to go to the hospital...

    Then it's not GBH...... Grievous bodily harm. This is when you seriously injure someone, say giving them a wound that permanently effects their health.

    Actual Bodily Harm - ABH, is a few bruises.


    If the assualtee didn't have to spend time in hospital, then you can consider it ABH. There may or may not be jail time. Circumstances and all that.


  • #11
    greeno2k14
    Registered Users, Registered Users 2 Posts: 3 ✭greeno2k14


    hi if the person was charged with gbh with a car or van and the person thay hit was suing if the person there suing gose to jail with thay still get mouny out of it


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  • #12
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    greeno2k14 wrote: »
    hi if the person was charged with gbh with a car or van and the person thay hit was suing if the person there suing gose to jail with thay still get mouny out of it

    There is no GBH in Ireland, given you found this thread I would have thought you'd have read it.

    A civil claim would not be precluded by the person going to jail, however there ability to pay may be the issue. Speak to your solicitor.


This discussion has been closed.
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