Section 2 Assault

NipNip

What are the parameters of sentencing/fines etc.for this offence?

NoQuarter

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0002.html#sec2

NipNip

NoQuarter wrote: »

http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0002.html#sec2

Cheers. So, presumably, someone under the probation act is more likely to face a sentence?

Pro Hoc Vice

NipNip wrote: »

Cheers. So, presumably, someone under the probation act is more likely to face a sentence?

Do you mean some one who received the benefit of the probation act or is on a suspended sentence or a person who is under the supervision of the probation service.

I am assuming its a person who has received the benefit of the probation act, if so then depending on how serious the section which by definition is not really serious it is possible to get a dip on a second section 2 but doubtful.

NoQuarter

NipNip wrote: »

Cheers. So, presumably, someone under the probation act is more likely to face a sentence?

There's so much more to consider you'd need proper legal advice. It's impossible for anyone here to advise on the basis of the limited information.

NipNip

I am the victim. I want to know whether 'he' will just face a fine, or some further extension of some probation act..

NipNip

NoQuarter wrote: »

There's so much more to consider you'd need proper legal advice. It's impossible for anyone here to advise on the basis of the limited information.

I do not need legal advice. I am limited to gardai telling me what charges they have presented the dpp with and no more. I wanted to get an idea of typical charges for section 2 assault.

NipNip

NipNip wrote: »

I do not need legal advice. I am limited to gardai telling me what charges they have presented the dpp with and no more. I wanted to get an idea of typical charges for section 2 assault.

sentences even..............

NoQuarter

NipNip wrote: »

I do not need legal advice. I am limited to gardai telling me what charges they have presented the dpp with and no more. I wanted to get an idea of typical charges for section 2 assault.

I'm afraid it's the same thing, nobody here can advise on what the likely sentence will be without knowing every piece of relevant information to the incident and the accused person. There may be a defence, there may not, he may plead guilty early, he may not. It all makes a difference and there are lots more factors.

You have the sentencing guidelines in the Act and I'm afraid you'll just have to wait and see now. It's out of your hands at this stage anyway,

Bepolite

There's always the civil route if you feel compensation might ease the burden.

Pat Mustard

NipNip wrote: »

I am the victim.

If you are at any financial loss arising out of the assault, see here.

http://www.justice.ie/en/JELR/Pages/Criminal_Injuries_Compensation_Scheme

NipNip

Ah, I'll just have to wait and see I guess. Didn't realise it was so complex. I suppose it's down to the judge on the day. Thanks for your advice.

Rucking_Fetard

NipNip wrote: »

I suppose it's down to the judge on the day.

It is but it shouldnt be.

Pro Hoc Vice

Rucking_Fetard wrote: »

It is but it shouldnt be.

Who should it be up to.

NipNip

I trust the judge in this case. He can read between the lines, from what I can see....