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What section would this crime fall under?

  • 15-12-2014 10:35am
    #1
    Registered Users, Registered Users 2 Posts: 2


    Sending a neighbor a false letter claiming to be from the housing authority and saying they will soon be evicted. Causing the victim much stress and worry. This has to be a crime, I just don't know which part of the law it breaks and what would be the likely punishment when convicted.


Comments

  • Registered Users, Registered Users 2 Posts: 974 ✭✭✭Intifada


    Section B of the Divilment & Shítehawking Act, 1983


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    Civil fraud seems like the obvious one (while not being a crime obviously), though unless the plaintiff actually acts on the letter (i.e. moves out or makes preparations to move out), then they can't really make any claim. http://www.mhc.ie/latest/insights/civil-fraud-in-ireland

    I'm not sure what law this could fall under, simply upsetting someone by telling lies isn't specifically a criminal offence. If the person who sent the letter had some financial gain to be made, then you can look at criminal fraud, but if it's just mischief-making, then invoking criminal law is tougher.
    Certain kinds of false letters may fall under the criminal definition of forgeries, but they're only a very specific list of instruments. The letter purporting to be from the housing authority could make it one of these instruments, though it could depend on whether they attempted to put any official seals or marks on it.


  • Moderators, Society & Culture Moderators Posts: 9,768 Mod ✭✭✭✭Manach


    Perhaps at a stretch harassment if it is part of a pattern of behaviour?

    As in
    Fatal Offences Against the Person Act, 1997: s10
    "Harassment.

    10.—
    (1) Any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, shall be guilty of an offence.

    (2) For the purposes of this section a person harasses another where—
    (a) he or she, by his or her acts intentionally or recklessly, seriously interferes with the other's peace and privacy or causes alarm, distress or harm to the other, and

    (b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other's peace and privacy or cause alarm, distress or harm to the other.
    "


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    I don't know if it amounts to a crime.

    Depending on the circumstances, there may be a civil cause of action.

    Also, if the neighbour who sent the letter is a tenant rather than a property owner, perhaps there is scope for a complaint of anti-social behaviour under the Residential Tenancies Act.
    http://www.irishstatutebook.ie/2004/en/act/pub/0027/sec0016.html#sec16


  • Registered Users, Registered Users 2 Posts: 4,065 ✭✭✭Miaireland


    I wonder if the letter was sent onto the Housing Authority would they be able to take action with it? Since the person was impersonating them.


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  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    crss wrote: »
    Sending a neighbor a false letter claiming to be from the housing authority and saying they will soon be evicted. Causing the victim much stress and worry. This has to be a crime, I just don't know which part of the law it breaks and what would be the likely punishment when convicted.
    Depending on lots of facts which you haven't give us, could be some kind of fraud offence. Who sent the letter, what was their motive and what result did they hope to achieve?


  • Registered Users, Registered Users 2 Posts: 2 crss


    No letter has been sent. I'm just hypothesizing. The answers have been interesting. I appreciate it.


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Simply lying to somebody, even with the intention of upsetting them, is not generally a crime. If there's an intent to obtain financial or material advantage, then it may be fraud. If they become so upset that they are physically ill - nervous shock - then it may be actionable in civil law.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    CJ TFA 2001:

    26.—(1) A person who uses an instrument which is, and which he or she knows or believes to be, a false instrument, with the intention of inducing another person to accept it as genuine and, by reason of so accepting it, to do some act, or to make some omission, or to provide some service, to the prejudice of that person or any other person is guilty of an offence.

    (2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.


  • Registered Users, Registered Users 2 Posts: 5,633 ✭✭✭TheBody


    Intifada wrote: »
    Section B of the Divilment & Shítehawking Act, 1983

    Ah jaysus, I almost wet myself laughing at that! :D


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