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Should Kicking Someone in the Head = Attempted Murder?

  • 21-03-2014 8:23pm
    #1
    Registered Users, Registered Users 2 Posts: 3,023 ✭✭✭


    Seems to be the hallmark of random street attacks. Been a few recent ones that have gone viral (I know we can't link to specific ones).

    The victim is almost always on the ground having already taken a hiding when some hard man jumps up and kicks him the same way you'd take a penalty.

    Should we introduce a law that says a kick to the head of someone on the ground is attempted murder?


«1

Comments

  • Posts: 25,611 ✭✭✭✭ [Deleted User]


    If it's an unprovoked attack then probably. If it's someone fighting back they have a right to do whatever necessary to get the attacker to the point that they feel safe that they won't be attacked again.


  • Registered Users, Registered Users 2 Posts: 2,097 ✭✭✭kiffer


    Dean0088 wrote: »
    Seems to be the hallmark of random street attacks. Been a few recent ones that have gone viral (I know we can't link to specific ones).

    The victim is almost always on the ground having already taken a hiding when some hard man jumps up and kicks him the same way you'd take a penalty.

    Should we introduce a law that says a kick to the head of someone on the ground is attempted murder?

    Yes, because every one knows how lethal it can be...
    or no, because of the Sideshow Bob defence.


  • Closed Accounts Posts: 4,916 ✭✭✭shopaholic01


    It probably depends on how hard the kick is. If the victim doesn't have so much as a bruise it can hardly be called attempted murder. Surely actual/grevious bodily harm are more appropriate?


  • Closed Accounts Posts: 1,466 ✭✭✭Clandestine


    Depends on the intention + force used to be honest.


  • Closed Accounts Posts: 16,768 ✭✭✭✭tomwaterford




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  • Registered Users, Registered Users 2 Posts: 3,023 ✭✭✭Fukuyama


    Depends on the intention + force used to be honest.

    More so referring to stomping on a persons head on the cobble stones in Temple Bar. Every few weeks it seems a new video is posted of five or six drunk lads booting some chaps head around like a football. Then they're all let off with suspended sentences because their victim was lucky enough not to die.

    Yet, booting someones head is a very obvious way to kill them.


  • Closed Accounts Posts: 7,473 ✭✭✭Wacker The Attacker


    Depends on the circumstances but its likely that it would be difficult to construe a single kick as attempted murder in the vast majority of these


  • Posts: 25,611 ✭✭✭✭ [Deleted User]


    Dean0088 wrote: »
    More so referring to stomping on a persons head on the cobble stones in Temple Bar. Every few weeks it seems a new video is posted of five or six drunk lads booting some chaps head around like a football. Then they're all let off with suspended sentences because their victim was lucky enough not to die.

    Yet, booting someones head is a very obvious way to kill them.

    I know a girl who got stamped on with heels outside a club. Went to hospital and found out she was pregnant. Yer one who did it had to put something in the court poorbox. Justice.


  • Registered Users, Registered Users 2 Posts: 2,097 ✭✭✭kiffer


    Depends on the intention + force used to be honest.

    "I only ment to gently nudge him with my foot in the facial region... I didn't intend for him to die"


  • Registered Users, Registered Users 2 Posts: 43,028 ✭✭✭✭SEPT 23 1989


    Anyone who attacks a defenseless being whether it be a child an animal or a guy knocked out on the path is a psychopath and should be removed from society indefinitely


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  • Closed Accounts Posts: 16,391 ✭✭✭✭mikom


    I know a girl who got stamped on with heels outside a club. Went to hospital and found out she was pregnant.

    Was there spunk on the heels?


  • Registered Users, Registered Users 2 Posts: 2,097 ✭✭✭kiffer


    It's my understanding of Irish law that if you intend to seriously injure someone, say you intend to break their legs but they die... then it counts as murder.

    So... we all know how serious getting bull toed in the head is. The only possible intent is serious harm.
    If they die it would be murder... if they survive then is it not attempted murder, simply because you knowingly hit them in a manner that was highly likely to kill.

    "I stabbed him in the chest but I only wanted to make him bleed a bit" wouldn't hold up either.


  • Posts: 25,611 ✭✭✭✭ [Deleted User]


    mikom wrote: »
    Was there spunk on the heels?
    How long do you think it takes to get pregnant?


  • Closed Accounts Posts: 16,391 ✭✭✭✭mikom


    How long do you think it takes to get pregnant?

    How long you got?


  • Registered Users, Registered Users 2 Posts: 981 ✭✭✭Stojkovic


    It will only happen if a Judge gets kicked in the head.

    Scumbag today got 3 years (pending appeal) for stabbing someone SIX times.


  • Registered Users, Registered Users 2 Posts: 1,314 ✭✭✭caustic 1


    Same as knifing someone could kill them so could kicking them in the head. A cowardly act when someone is down to kick them.


  • Closed Accounts Posts: 4,916 ✭✭✭shopaholic01


    How long do you think it takes to get pregnant?
    A spunk loaded stiletto inserted directly into the fallopian tube would speed up the process.


  • Posts: 25,611 ✭✭✭✭ [Deleted User]


    A spunk loaded stiletto inserted directly into the fallopian tube would speed up the process.

    Where do you think the fallopian tubes are?

    I knew sex ed wasn't great in this country but I didn't realise it was this bad.


  • Closed Accounts Posts: 16,391 ✭✭✭✭mikom


    A spunk loaded stiletto inserted directly into the fallopian tube would speed up the process.

    A Christian loflutetin or a Jimmy Goo.


  • Closed Accounts Posts: 4,916 ✭✭✭shopaholic01


    Where do you think the fallopian tubes are?

    I knew sex ed wasn't great in this country but I didn't realise it was this bad.
    Your post just said she got stomped on, you didn't identify where. The fallopian tubes are attached to the uterus in the pelvic cavity.


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  • Registered Users, Registered Users 2 Posts: 2,797 ✭✭✭Sir Osis of Liver.


    Can a toe in the hole also result in unwanted pregnancy?


  • Registered Users, Registered Users 2 Posts: 6,562 ✭✭✭kub


    kiffer wrote: »
    It's my understanding of Irish law that if you intend to seriously injure someone, say you intend to break their legs but they die... then it counts as murder.

    So... we all know how serious getting bull toed in the head is. The only possible intent is serious harm.
    If they die it would be murder... if they survive then is it not attempted murder, simply because you knowingly hit them in a manner that was highly likely to kill.

    "I stabbed him in the chest but I only wanted to make him bleed a bit" wouldn't hold up either.

    My own understanding of Irish law is, that if there is a chance that the accused may offend again then they receive either a light or suspended sentence.
    Someone say importing one fruit and saying it is something else to reduce his tax bill and who had never committed a crime in his life will go down for a long long time.
    But your average tracksuit wearing (trying here to be nice) person who literally commits crime like its a hobby will get a light sentence for something a lot more serious.

    Why, simple, our track suit wearing chap is much better for business for the solicitors and barristers so they will see a lot of him thanks to his hobby. But the guy who imported the fruit well he is only a once off.


  • Closed Accounts Posts: 4,916 ✭✭✭shopaholic01


    Can a toe in the hole also result in unwanted pregnancy?
    Which hole? :p


  • Closed Accounts Posts: 6,113 ✭✭✭shruikan2553


    Anyone who attacks someone unprovoked, kick in the head or not, clearly shouldnt be allowed near others and should be treated as such.


  • Posts: 25,611 ✭✭✭✭ [Deleted User]


    Your post just said she got stomped on, you didn't identify where. The fallopian tubes are attached to the uterus in the pelvic cavity.

    Thought the thread title would've been a clue.


  • Closed Accounts Posts: 4,916 ✭✭✭shopaholic01


    Thought the thread title would've been a clue.
    I'm tired. Apologies.


  • Registered Users, Registered Users 2 Posts: 2,097 ✭✭✭kiffer


    kub wrote: »
    My own understanding of Irish law is, that if there is a chance that the accused may offend again then they receive either a light or suspended sentence.
    Someone say importing one fruit and saying it is something else to reduce his tax bill and who had never committed a crime in his life will go down for a long long time.
    But your average tracksuit wearing (trying here to be nice) person who literally commits crime like its a hobby will get a light sentence for something a lot more serious.

    Why, simple, our track suit wearing chap is much better for business for the solicitors and barristers so they will see a lot of him thanks to his hobby. But the guy who imported the fruit well he is only a once off.

    So... what you're saying is if you are going to smuggle something into the country you should also commit some random petty crime first, work your way up to more serious crimes and assault and then do the smuggling and tax evasion?


  • Registered Users, Registered Users 2 Posts: 6,741 ✭✭✭Piliger


    There should be absolutely no need for such legislation. It should be transparently obvious and self evident that kicking someone in the head is attempted murder. WTF ? What kind of dopy explanation can there be otherwise ? It's no different from shooting or stabbing someone.


  • Closed Accounts Posts: 2,440 ✭✭✭Stavros Murphy


    Dean0088 wrote: »
    Seems to be the hallmark of random street attacks. Been a few recent ones that have gone viral (I know we can't link to specific ones).

    The victim is almost always on the ground having already taken a hiding when some hard man jumps up and kicks him the same way you'd take a penalty.

    Should we introduce a law that says a kick to the head of someone on the ground is attempted murder?

    Would be a good first step. I've fought a lot, I did it for a living for a fair while, rotten as that sounds, and tbh, anyone who kicks someone when they're down is a rat, a low down rat. I'd not blink at whatever penalty society deemed acceptable. But sadly, society will probably deem a weeks counselling as the answer.


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  • Closed Accounts Posts: 24,465 ✭✭✭✭darkpagandeath


    Piliger wrote: »
    There should be absolutely no need for such legislation. It should be transparently obvious and self evident that kicking someone in the head is attempted murder. WTF ? What kind of dopy explanation can there be otherwise ? It's no different from shooting or stabbing someone.

    Bath salts ? People have got to be on something these days it cant just be drink. I remember when it was 1 on 1 when other person goes down it was over. Now it's 10 on 1 and like something out of River dance.


  • Registered Users, Registered Users 2 Posts: 2,792 ✭✭✭2Mad2BeMad


    Bath salts ? People have got to be on something these days it cant just be drink. I remember when it was 1 on 1 when other person goes down it was over. Now it's 10 on 1 and like something out of River dance.

    Pleassseeeee the river dance is much more dangerous :pac:


  • Closed Accounts Posts: 4,402 ✭✭✭nxbyveromdwjpg


    caustic 1 wrote: »
    Same as knifing someone could kill them so could kicking them in the head. A cowardly act when someone is down to kick them.

    What if they're going to get back up and attack you again, or worse?


  • Closed Accounts Posts: 4,402 ✭✭✭nxbyveromdwjpg


    Bath salts ? People have got to be on something these days it cant just be drink. I remember when it was 1 on 1 when other person goes down it was over. Now it's 10 on 1 and like something out of River dance.

    Absolute bollox. Most fights on the street the people are locked.


  • Closed Accounts Posts: 892 ✭✭✭GenieOz


    Attempted manslaughter. Not murder.


  • Closed Accounts Posts: 7,960 ✭✭✭DarkJager


    nm wrote: »
    What if they're going to get back up and attack you again, or worse?

    In that case you give a few more punches at most to keep them down, not a full force kick in to the face.


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  • Closed Accounts Posts: 24,465 ✭✭✭✭darkpagandeath


    nm wrote: »
    Absolute bollox. Most fights on the street the people are locked.

    Well I don't know 15/20 years ago was nothing like what it is now. Or has everyone suddenly become light weights and cant handle their beer/spirits.


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    Attemped murder , attempted manslaughter ,

    It would be a complete waste of time because the judges and court of appeal won't give out harsh sentences,

    Stabbing someone with intent to kill gets a heavily suspended sentence

    What would a kick or several stamps to the head get ,

    A fine ,community service, a sob story and donation to the poor box ,


  • Closed Accounts Posts: 10,076 ✭✭✭✭Czarcasm


    kiffer wrote: »
    It's my understanding of Irish law that if you intend to seriously injure someone, say you intend to break their legs but they die... then it counts as murder.


    Not for the first time do you show you have a poor understanding of Irish Law.

    Kicking someone in the head, an abhorrent an act as it is, should not be seen as attempted murder. If you extrapolate that line of thinking, then you get to a stage where any act of aggression could be construed as attempted murder.


  • Registered Users, Registered Users 2 Posts: 6,741 ✭✭✭Piliger


    Czarcasm wrote: »
    Not for the first time do you show you have a poor understanding of Irish Law.

    Kicking someone in the head, an abhorrent an act as it is, should not be seen as attempted murder. If you extrapolate that line of thinking, then you get to a stage where any act of aggression could be construed as attempted murder.

    Wrong all the way. A kick in the knee is no danger to life or anything close to it. A kick to the head has a major chance of death as a result, or a major life changing injury. Big big difference.


  • Closed Accounts Posts: 892 ✭✭✭GenieOz


    Piliger wrote: »
    Wrong all the way. A kick in the knee is no danger to life or anything close to it. A kick to the head has a major chance of death as a result, or a major life changing injury. Big big difference.

    So if they mean to kick them in the arm but accidentally hit them in the head?


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  • Closed Accounts Posts: 2,440 ✭✭✭Stavros Murphy


    GenieOz wrote: »
    So if they mean to kick them in the arm but accidentally hit them in the head?

    Kicking is faggy full stop. If a lad kicked me, I'd beat him with his own hair just to teach him a lesson. Fists. God gave ye fists, for a reason. Feet are for standing on.


  • Registered Users, Registered Users 2 Posts: 1,643 ✭✭✭SHOVELLER


    What is worrying is that a big day out like our national holiday or the Love Ulster fiasco attracts feral vermin. These filth have no empathy.

    I mean in that video the guy runs a good ten yards to kick someone in the head who is already on the ground. That is the hallmark of these subhumans. Utter cowardice.

    The two caught and released are 16 and 17. If this is what they are up to now can you imagine what crimes they WILL commit down the line.

    Pure scum.


  • Closed Accounts Posts: 892 ✭✭✭GenieOz


    Kicking is faggy full stop. If a lad kicked me, I'd beat him with his own hair just to teach him a lesson. Fists. God gave ye fists, for a reason. Feet are for standing on.

    I agree. Apart from calling it 'faggy'.
    I'm just asking, if he accidentally hits them in the head..is it now attempted murder as opposed to aggravated assault?


  • Closed Accounts Posts: 7,960 ✭✭✭DarkJager


    SHOVELLER wrote: »
    What is worrying is that a big day out like our national holiday or the Love Ulster fiasco attracts feral vermin. These filth have no empathy.

    I mean in that video the guy runs a good ten yards to kick someone in the head who is already on the ground. That is the hallmark of these subhumans. Utter cowardice.

    The two caught and released are 16 and 17. If this is what they are up to now can you imagine what crimes they WILL commit down the line.

    Pure scum.

    They are pure scum and the thing that bothers me the most is that nobody at all attempted to step in and cripple that ****ing scumbag who delivered the kick.


  • Closed Accounts Posts: 24,465 ✭✭✭✭darkpagandeath


    GenieOz wrote: »
    I agree. Apart from calling it 'faggy'.
    I'm just asking, if he accidentally hits them in the head..is it now attempted murder as opposed to aggravated assault?

    Well attacking someone at random .. What do you think their motivation is. Most of these fights rarely start off as self defence.


  • Closed Accounts Posts: 5,377 ✭✭✭zenno


    It probably depends on how hard the kick is. If the victim doesn't have so much as a bruise it can hardly be called attempted murder. Surely actual/grevious bodily harm are more appropriate?

    You can get a good kick on the head and it can cause internal bleeding of the brain "obviously" which can progress to death. You don't need to see a lot of bruising on the outside, it's the inside where the damage occurs.

    It should be attempted murder, because many folk did die from getting a bang on the head in the past. Do you understand the difference of this now ?.


  • Closed Accounts Posts: 2,440 ✭✭✭Stavros Murphy


    DarkJager wrote: »
    They are pure scum and the thing that bothers me the most is that nobody at all attempted to step in and cripple that ****ing scumbag who delivered the kick.

    I couldn't have stood and watched that, I honestly couldn't. I'd have burst him with a box and held him till the gards came. I have done the same in the past when I've seen people acting the pure maggot. I don't know how people can stand and watch, yet do nothing.


  • Closed Accounts Posts: 892 ✭✭✭GenieOz


    Well attacking someone at random .. What do you think their motivation is. Most of these fights rarely start off as self defence.

    I never imagine the motivation is to kill, That's a bit much in my eyes.
    I don't think most people believe that either but would go for it just so these scumbags get longer sentences.


  • Registered Users, Registered Users 2 Posts: 6,741 ✭✭✭Piliger


    GenieOz wrote: »
    So if they mean to kick them in the arm but accidentally hit them in the head?

    Is it really that hard to figure out the answer ? :D


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    I couldn't have stood and watched that, I honestly couldn't. I'd have burst him with a box and held him till the gards came. I have done the same in the past when I've seen people acting the pure maggot. I don't know how people can stand and watch, yet do nothing.

    Personally I've seen about 3 instances where good Samaritans stepped to stop someone getting seriously hurt only to be attacked just as bad ,

    1vs 4 /5 aren't great odds no matter how tough some people are

    The majority of people will put there heads down and ignore what's going on around them


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