Death Threat law in Ireland

sheamyboy

Whats the law in Ireland regarding this.

Is saying, for example, "you're going to straight to hell." a death threat?

Procrastastudy

Non-fatal Offences Against the Person Act 1997

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.

and

5.—(1) A person who, without lawful excuse, makes to another a threat, by any means intending the other to believe it will be carried out, to kill or cause serious harm to that other or a third person shall be guilty of an offence

So my reading (for what it's worth) of that is if it's threat of an assualt then its the reasonable man standard. (Would a reasonable person think violence was imminent and certain.) Where as the threat to kill it's what the person threatening intends.

So looking at your statement 'you're going to straight to hell' wouldn't be an assault but could be a death threat if you could establish the person meant it as such, or indeed, intended the other person to believe they meant it. For example with a gun held against someone's head.

Disclaimer: I'm a second year law student and as such know very little. It's imperative you check everything I say.

NoQuarter

All law students can learn something from this thread; how to plagiarise.

fangee

NoQuarter wrote: »

All law students can learn something from this thread; how to plagiarise.

A tad harsh but very funny all the same.

NoQuarter

fangee wrote: »

A tad harsh but very funny all the same.

I would have let it slide but for the fact that Indo changed the intro to their post so as to blend their post into the copied post! TRYING to get away with it!

Pat Mustard

sheamyboy wrote: »

Is saying, for example, "you're going to straight to hell." a death threat?

Of themselves, those words do not contain an express threat to kill. Context would be important in order to determine whether there is an implied threat.

If a person was to tell another "you're going straight to hell," while pointing a rifle at that person, I imagine that would be a threat to kill.

On the other hand, I imagine that some anti-abortion campaigners carry placards containing the phrase "you're going straight to hell" when they protest, without any threat to kill.

sheamyboy

Ok, thanks for all of the informative answers.

AnnaStezia

Is a threat to kill triable in the Circuit Court or the Central Criminal Court or can it be an either way ?

uberalles

A death thread? I'm going to spec savers in the morning

Pat Mustard

AnnaStezia wrote: »

Is a threat to kill triable in the Circuit Court or the Central Criminal Court or can it be an either way ?

District or Circuit.

This death threat was dealt with in the Circuit Court.

A MAN who threatened to "take the head off" a Criminal Assets Bureau detective with a slash hook has been sentenced to three years in prison with 12 months suspended.

...Pratt shouted down the phone: "Is that you Galvin? I have a slash hook for you, Galvin, and I'm going to take your head off."