If a child lost an eye

the O Reilly connection · 16-07-2025 12:14PM #1

Hi

I was wondering what the outcome would be in a scenario like this. X is on his way home from a night out. He's very drunk. He passes an old neighbour's house who in the past, he hasn't got on very well with. For a laugh, he throws a stone at his neighbour's window, and breaks the window. Unbeknownst to him, there is a child in a cradle behind the window. The glass collapses onto the child, and the child loses his sight in one eye.

What charges is X likely to face? And what recourse, if any, has the child if X is successfully convicted?

Thank you

Dial Hard · 16-07-2025 02:05PM

You come up with some seriously weird scenarios, dude.

Seth Brundle · 16-07-2025 02:28PM

https://www.boards.ie/discussion/2058419765/if-a-child-lost-an-eye

What charges is X likely to face if found guilty?

None - if they are found guilty then they will not face any charges - they'll already have been charged, tried and convicted.

And what recourse, if any, has the child if X is successfully convicted?

A civil action for damages is not dependent on a criminal outcome.

Rocket_GD · 16-07-2025 02:29PM

https://www.boards.ie/discussion/2058419765/if-a-child-lost-an-eye

Why do you want to know?

MarkR · 16-07-2025 02:30PM

If the defendant uses the word "Unbeknownst" , it's an automatic acquittal.

Is intent important? The intent was to annoy the neighbour by throwing something at the window. Not to intentionally break the window, and not to hurt anyone by that.

thebiglad · 16-07-2025 02:32PM

https://www.boards.ie/discussion/2058419765/if-a-child-lost-an-eye

And, even supposing there was an award made against X, you'd assume they have the means to settle it anyway.

Compensation awards are so high because typically there is an insurance company with large bank accounts on hand to cover it, were awards made against private individuals such sums would be irrelevant as never likely to be paid.

geotrig · 16-07-2025 02:35PM

haha this scenario !! but i would think property damage with battery and assault due to injuries to the child civil case would be separate i think unless running in tandem if that happens i dont know ?

Mellor · 16-07-2025 02:37PM

https://www.boards.ie/discussion/2058419765/if-a-child-lost-an-eye

That's a very strange thing to wonder about and I'd be slightly concerned about your search history.

But to answer the question. He'd be guilty of reckless assault, endangerment, etc (and potentially others relating property damage, trespass). And the victim pursue damages - which wouldn't require a conviction.

People have successfully been awarded damages injuries that occurred by accident in people's homes. Add criminal behaviour and it'd be straightforward

Claw Hammer · 16-07-2025 03:42PM

A lot would depend on how many functioning eyes the child had to start with. If the child was blind in one eye and lost the other , it would be more serios that if he had 2 good eyes and lost 1 of them. If he lost an eye with very limited sight already, it wouldn't be all that bad.

Allinall · 16-07-2025 03:48PM

https://www.boards.ie/discussion/comment/123641432#Comment_123641432

I’m glad I’ll never have you as a defence barrister.

the O Reilly connection · 16-07-2025 04:07PM

https://www.boards.ie/discussion/comment/123641466#Comment_123641466

Does foreseeability of damage come up in a criminal trial as well as a civil trial?

MarkR · 16-07-2025 07:19PM

https://www.boards.ie/discussion/comment/123641774#Comment_123641774

I think you're missing out. I've seen several episodes of Judge Judy, as well as Law & Order.

Mellor · 17-07-2025 01:26AM

https://www.boards.ie/discussion/comment/123641432#Comment_123641432

If the defendant uses the word "Unbeknownst" , it's an automatic acquittal.

LOL. Not a hope.

Intent isn't critical. The charges would be recklessly causing harm or endangerment.
He didn't intend to hurt anyone, but he acted without considering that he might.

https://www.boards.ie/discussion/comment/123641859#Comment_123641859

Yes. That would be a consideration on whether it was reckless action, or a reasonable accident.
That would essentially be the whole trial, so nobody can say definitively here. But this is the offense, it's a highly likely guilty verdict imo.

A person who intentionally or recklessly causes serious harm to another shall be guilty of an offence.

Peregrinus · 17-07-2025 02:21AM

On the civil side, this is an open and shut case: the child would recover damages under the ordinary principles of negligence.

On the criminal side? Malicious damage, obviously, for throwing a stone at a window. What about an assault charge? As Mellor points out, that requires at least recklessness, but I think there's a strong argument that anyone throwing stones through the windows of residential property is reckless about the possibility that someone inside the property might be harmed either by the stone or by flying glass. I think a conviction is likely. Since the child lost an eye the charge would be assault causing serious harm (Non-Fatal Offences Against the Person Act 1997 s. 4).

the O Reilly connection · 18-07-2025 05:22PM

That's great. Thank you!

Woodcutting · 18-07-2025 08:14PM

https://www.boards.ie/discussion/comment/123643557#Comment_123643557

If he is drunk would he still be able to be reckless

Mellor · 19-07-2025 12:20PM

https://www.boards.ie/discussion/comment/123649123#Comment_123649123

How would that make his actions any less reckless?

Peregrinus · 21-07-2025 02:48AM

https://www.boards.ie/discussion/comment/123649123#Comment_123649123

Certainly. If anything, many people are more prone to acting recklessly when drunk than they are when sober.

Widdensushi · 21-07-2025 05:11AM

He must be a strong man, likely that a child's bedroom is upstairs,,he is passing on the road,,I don't know when I last saw a single pane of glass window,so at least double, while fracturing the outside pane is possible throwing a stone from the road,the chances of throwing a stone that would break glass to the extent that glass goes into the bedroom is nearly impossible,I am worse for replying to this nonsense 😭.

Claw Hammer · 23-07-2025 12:35PM

https://www.boards.ie/discussion/comment/123655217#Comment_123655217

I found a stone on my kitchen floor and the window broken through. My assumption was that the stone came through the window. Are you saying that it is impossible?