Deadly weapon

CIARAN_BOYLE

In many jurisdictions the same crime carries a different charge if a deadly weapon is used in commiting the crime. In some jurisdictions a deadly weapon is defined by legislation. In other jurisdiction it is very subjective. In texas for example a martial artist or a military veteran throwing a punch can be considered assault with a deadly weapon.

My question therefore is this.

Is the charge different in Ireland if a deadly weapon is used.
If so is the definition of a deadly weapon subjective or is it defined in legislation.

Peregrinus

I don't think so, no.

Assault offences in Ireland are now graded not according to whether you use a weapon or not, but according to the degree of harm inflicted - simple assault (max sentence 6 months), assault causing harm (max sentence 5 years), assault causing serious harm (max sentence life). Whether you employ a knife, a gun or your considerable expertise in the ancient Welsh combat of llap-goch might go to the sentence you will receive - will it be at the higher or the lower end of the available scale? - but not to the offence you will be charged with.

The closest you get, I think, is with burglary, where there is a distinction between simple burglary and aggravated burglary, the latter involving the use of "any firearm or imitation firearm, any weapon of offence or any explosive". "Weapon of offence" is defined in the legislation (Criminal Justice (Theft and Fraud Offences) Act, 2001 s. 13) and if you read the definition you'll find it couldn't possibly include your prowess at llap-goch.

There are, of course, charges for possessing offensive weapons under the Firearms Acts and similar. But they, too, are usually drafted in terms which specify that an offensive weapon is an article of some kind, not a skill. And, even if they weren't, criminal statutes are always construed restrictively. The courts would certainly hold that if the Oireachtas wished to make it a crime, or an aggravating circumstance in another offence, simply to be skilled at llap-goch they would have to do so in clear terms.

Little CuChulainn

There are various different offences that increase if a weapon is used. As Peregrinus mentioned, the offence of aggravated burglary is one of these. There is also a charge for producing a weapon in the course of a dispute and a charge for possessing a weapon with intent to cause harm or endanger life. Weapon charges are generally dealt with on their own merit. This is different to the US because generally weapons are legal to carry over there.