Section 2 assault conviction

1oneoffposter1

I just found out today that I was indeed convicted for a section 2 assault back in 2011. Having no previous knowledge, or awareness of the legal system here, I was always of the belief that I had been 'bound to the peace' as my incredibly inept solicitor informed me.

Now that I have got a hold of my court records, I was convicted and fined €0.01c for the offence. All due to a counter-accusation after I reported an assault in which my nose was broken. While some may say boo-hoo, the most sickening reality is that if I didn't report this assault I'd still have my impeccable record.

Although I've never had as much as a fine, never arrested, etc, yet given that I have this on my record, am I over-reacting by saying my life is effectively over?

I have an MA in Social Science, and with garda vetting, this conviction - an offence against a person - would no doubt rule me out of so many jobs, with nothing left for me but blue collar. Just thinking about it.... I can never work with the elderly, children, and so on.

Even though I'd include it on the vetting forms at the earliest opportunity, being realistic, do I have much of a chance in life?

Pat Mustard

Court records are only as good as the person who took them. Are they correct? They make mistakes, same as other people. Have you considered getting a recommendation for a good solicitor to look into this for you, to take up copies of all available records, to check precisely what has occurred here?

It seems odd to impose such a small fine, but not deal with the matter in a way other than by ordinary conviction.

I don't personally know anyone who works outside of a state job who has been subjected to Garda vetting.

1oneoffposter1

I pleaded guilty, as it was my first offence, so I don't know what recourse I have.

The court records state:

"It was adjusted that the said defendant be convicted of the said offence and enter into a bond, the sum of €0.01 to keep the peace and be of good behaviour for 12 months."

Surely it doesn't make sense for me to be bound over without an actual bond (well, the sum of 1 cent). My pathetic solicitor told me that the bounding prevented a conviction, and in my naivety, I trusted him that I didn't have a conviction on my record. This may seem laughable, but on recollection, and haven spoken to proper solicitors, the man was beyond a joke - a danger to be let into a courtroom. So I didn't appeal it, and now it looks like I'm lumped with this for life.

It looks like any hope of going back to do things like teaching or nursing is out the window, for this vetting will only become more commonplace with time.

Pat Mustard

Ah, so it was a bond of 1 cent. I'm not sure if a bond of 1 cent would be demanded.

Is there any mention of the Probation Act at all?

You could get a recommendation for a good district court practitioner, or even a specialist criminal solicitor.

He or she can look into matters for you and can advise you:
1. What actually happened.
2. Whether there may be grounds for appeal, even given passage of time.

If you have spoken to solicitors, I would have thought that they should have looked into the matter already, and given you your options.

1oneoffposter1

So is a bond just an equivalent to a fine, the same outright conviction?

I spoke to the solicitor who told me that I request my records from the vetting unit, and he'll have a look at them when I receive them.

Pat Mustard

1oneoffposter1 wrote: »

So is a bond just an equivalent to a fine, the same outright conviction?

No. Your solicitor is looking into it, so I don't want to interfere, but you can look here:

Binding over
In addition to the court’s power to make a probation order there is a long standing power that allows the court to bind you over to keep the peace and be of good behaviour. This involves you entering into a recognisance (or monetary bond) for a period of time. If you get into trouble within the time stated in the order, you must pay that sum of money or face imprisonment.

1oneoffposter1 wrote: »

I spoke to the solicitor who told me that I request my records from the vetting unit, and he'll have a look at them when I receive them.

Sounds like a plan. I assume that he will also check with your previous solicitor and the relevant court office.

Johnboy1951

1oneoffposter1 wrote: »

I pleaded guilty, as it was my first offence, so I don't know what recourse I have.

The court records state:

"It was adjusted that the said defendant be convicted of the said offence and enter into a bond, the sum of €0.01 to keep the peace and be of good behaviour for 12 months."

I don't find it surprising that you have a conviction on your record as you plead guilty and were convicted.

You might have received bad advice, but what you can do about that at this stage I have no idea.

Santa Cruz

1oneoffposter1 wrote: »

I just found out today that I was indeed convicted for a section 2 assault back in 2011. Having no previous knowledge, or awareness of the legal system here, I was always of the belief that I had been 'bound to the peace' as my incredibly inept solicitor informed me.

Now that I have got a hold of my court records, I was convicted and fined €0.01c for the offence. All due to a counter-accusation after I reported an assault in which my nose was broken. While some may say boo-hoo, the most sickening reality is that if I didn't report this assault I'd still have my impeccable record.

Although I've never had as much as a fine, never arrested, etc, yet given that I have this on my record, am I over-reacting by saying my life is effectively over?

I have an MA in Social Science, and with garda vetting, this conviction - an offence against a person - would no doubt rule me out of so many jobs, with nothing left for me but blue collar. Just thinking about it.... I can never work with the elderly, children, and so on.

Even though I'd include it on the vetting forms at the earliest opportunity, being realistic, do I have much of a chance in life?

This shows how a trivial enough incident can snowball. I would hope that your solicitor gets a good advice from a barrister in this matter. It may cost a bit but there is a possibility that it could be set aside with appeal to the Circuit Court. I know there was a plea of guilty and there is a time delay but the system can make allowances. The difficulty will be getting it in to the Circuit Court and that is where top barrister opinion would be required.

1oneoffposter1

Johnboy1951 wrote: »

I don't find it surprising that you have a conviction on your record as you plead guilty and were convicted.

You might have received bad advice, but what you can do about that at this stage I have no idea.

Yes, atrocious advice, and worse again, despite not telling me to contest the charge at the time, I was informed by him that I was 'bound over', thus saved from conviction. But as an above poster mentioned, if binding over seems to be an extension of the probation act, rather than an outright conviction which will incur a fine. Also I'm puzzled as to why the bond itself was only 1c.

Santa Cruz wrote: »

This shows how a trivial enough incident can snowball. I would hope that your solicitor gets a good advice from a barrister in this matter. It may cost a bit but there is a possibility that it could be set aside with appeal to the Circuit Court. I know there was a plea of guilty and there is a time delay but the system can make allowances. The difficulty will be getting it in to the Circuit Court and that is where top barrister opinion would be required.

Yeah, I get headbutted + nose broken for intervening in a fight (grabbing someone) and now I'm tarred with an assault on my record. I aim to see what this new solicitor can do about it, I'll have to wait to receive my vetting records back to see what exactly is on them.

I guess I could have a realistic excuse given that I immediately left for Australia for 18 months after the court case, on the original solicitors assurance that I was conviction-free.