Attack with a non-deadly weapon

Trick of the Tail

Hypothetically, if someone attacked someone else with a non-deadly weapon, for example a taser, or pepper spray, for no good reason i.e. not self-defence, what offence is committed?

(Not personal, just arose from a discussion).

Thanks.

jacksie66

This post has been deleted.

Trick of the Tail

Under what Act, please?

Is there an offence, Assault with a non-deadly Weapon?

whatawaster81

Thats the non fatal offences against the person act your looking for

Zambia

Trick of the Tail wrote: »

Hypothetically, if someone attacked someone else with a non-deadly weapon, for example a taser, or pepper spray, for no good reason i.e. not self-defence, what offence is committed?

(Not personal, just arose from a discussion).

Thanks.

Those two in combination can kill very easily.

Melodeon

Aren't all of these things (taser, tear gas, baton/bean bag rounds, pepper spray, etc, etc) considered to be less-lethal rather than non-lethal weapons?

People can and have died as a consequence of being on the receiving end of all of them, so no manufacturer or legal user would ever take on the liability of declaring them to be non-lethal.


Also, aren't most of them considered to be 'Firearms' under Irish legislation anyway?

the world wonders

jacksie66 wrote: »

Assault. What else would it be?

Potentially also charges for possession of the taser/pepper spray, those items are illegal in this country.

MarkAnthony

NFOAPA

See Sections 3 and 4

Possibility of fire arms offences also IIRC.

Kristopherus

the world wonders wrote: »

Potentially also charges for possession of the taser/pepper spray, those items are illegal in this country.

Since when???? All Public Service field/outdoor staff can use them if they so wish. They are used mainly as deterrants to cross dogs.

MarkAnthony

Kristopherus wrote: »

Since when???? All Public Service field/outdoor staff can use them if they so wish. They are used mainly as deterrants to cross dogs.

Since 1881 (or the date of the act) as far as I know.

As other cant be arsed to use the dearch function neither can I :P

mrstrawman

What if you run up to someone and start beating the **** outta them with a inflatable hammer?

MarkAnthony

mrstrawman wrote: »

What if you run up to someone and start beating the **** outta them with a inflatable hammer?

Section 2 Assault unless it rises to Section 3.

Interestingly for section 2 you wouldn't even need to make contact with the hammer.

Defences are included in Section 2.

EDIT: Also interestingly or not, there was a line of case law that said that one could not consent to S3 assualt, been rubbished now, but useful for homework.

the world wonders

Kristopherus wrote: »

Since when???? All Public Service field/outdoor staff can use them if they so wish. They are used mainly as deterrants to cross dogs.

Extension of Firearms Acts to crossbows and stun guns.


4.—(1) In the Firearms Acts, 1925 to 1990, “firearm” means—

...

(d) any type of stun gun or other weapon for causing any shock or other disablement to a person by means of electricity or any other kind of energy emission;

Can't find the law for pepper spray but http://www.justice.ie/en/JELR/Pages/Firearms_and_Ammunition_FAQ says:

8. What about CS gas spray, pepper spray and stun guns?

These are all totally prohibited in this country. Importation or possession of any of these items is illegal.

Gardai carry pepper spray so obviously there must be some exception for public officials...

MarkAnthony

Loads of threads here on pepper spray, I think it's classed as a firearm. Noxious liquid etc. etc. but frankly I'm at work and too lazy to look.

Victor

Kristopherus wrote: »

All Public Service field/outdoor staff can use them

if they so wish.

I'm wondering what you mean by these two parts.

Atlantic Dawn

This guy got off lightly for having and discharging pepper spray on a motorist at Dublin Airport, just got 90 hours community service...

http://www.independent.ie/irish-news/courts/limo-chauffeur-pepper-sprayed-in-attack-at-dublin-airport-court-told-30985911.html