Pedestrian Vs. Cyclist - Humor Me..

j_vyke

I'm posting purely to seek insight from someone more knowledgeable than myself in relation to what some might see as a very minor incident that happened this evening between myself and some pedestrians on my commute home from town.

Cycling from Connolly Station towards Fairview I was merging from the cycle lane on the path onto the road when two school girls (15+ in uniform) sprayed sports bottle full of water at me. Getting into my eyes and momentarily impairing my vision in busy traffic I pulled in to give them a scolding.

I'm wondering are there any grounds for assault charge or reckless endangerment etc. Although minor it could have had potential to be much worse.

Any insight, tips, links or other similar threads would be greatly appreciated just to have for future reference. I did threaten to call the guards and stood outside a Centra where they both hid for around 10 minutes and then left the issue and continued home.

Cheers in advance,

Jake

Peregrinus

Yes, assuming the act was intentional, rather than an accident when trying to open the bottle or something of the kind, it's assault contrary to s. 2 of the Non-Fatal Offences against the Person Act, 1997. Max penalty is six months. Had there been more serious consequences for you, it might have been upgraded to assault causing harm or assault causing serious harm.

Having said that, given that these are minors and assuming that they have no prior form, if you made a complaint to the guards and if they had been identified the likely outcome would have been a bollocking, not a criminal charge.

As they were in uniform, you may be able to identify the school. You could consider reporting the matter to the school.

Pat Mustard

Depending on all of the circumstances, there may also be grounds to investigate an endangerment offence.

Shep_Dog

j_vyke wrote: »

Cycling from Connolly Station towards Fairview I was merging from the cycle lane on the path onto the road

There is no on-path cycle lane in the direction of Connolly-Fairview.

Manach

Only slightly ironicially, could the OP's scolding of the two underage minors be held as well as form of assault: ie as verbal harassment?

hullaballoo

Unless he was threatening them with a beating or something, no. I assume, rightly or wrongly, that the OP just pointed out that their actions could have had quite serious consequences. That wouldn't amount to assault by any stretch.

Triangla

More accurate title would be "Sprayed in eyes with water while cycling".

I thought this would have been a right of way issue or something.

Using pedestrian to describe two school girls mucking around just doesn't add anything.

Back on topic. IMHO You should have gotten off the bike and read them the riot act then report to Gardai in case it's a regular occurrence.

bobbyss

hullaballoo wrote: »

Unless he was threatening them with a beating or something, no. I assume, rightly or wrongly, that the OP just pointed out that their actions could have had quite serious consequences. That wouldn't amount to assault by any stretch.

A student in a class shouting aggressively into face of teacher (not necessarily making threats but could be) but trying to bully and intimidate by shouting etc. Would teacher have any grounds to contact police and if she or he felt threatened and intimidated by the agggressiveness of the student?

Peregrinus

bobbyss wrote: »

A student in a class shouting aggressively into face of teacher (not necessarily making threats but could be) but trying to bully and intimidate by shouting etc. Would teacher have any grounds to contact police and if she or he felt threatened and intimidated by the agggressiveness of the student?

In general, mere abusive language is not an assault; some other factor is required.

If your language "causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any" force or impact on the body - i.e. if you threaten, credibly, to hit them - then it may be an assault, even if you don't actually hit them. But much depends on the circumstances; if you back them into a corner from which there is no escape, what you say is much more likely to be taken to be an assault than if, say, you say it down the phone, or shout it from a passing car.

Abusive language can be the offence of disorderly conduct, especially in a public place, in a pub, or shouted in a way that attracts the attention of neighbours or passers-by. And "threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned" is an offence.

Shep_Dog

Triangla wrote: »

Back on topic. IMHO You should have gotten off the bike and read them the riot act then report to Gardai in case it's a regular occurrence.

Or he should not have been riding on the footpath in the first place. There is no on-path cycle track running in the direction of Connolly-Fairview.