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non fatal offences - Coggle Diagram

- - - - intentionally or recklessly, directly or indirectly applies force or causes impact on body of another - or causes another to beleive on reasonable grounds likely to be subject of such force
      - DPP v K poured acid into dryer, indirect assault (causes impact on another body)
      - Collins v Wilock implied consent exists (bumping into someone in street not assault)
        
        s2(3) given statutory recognition
      - R v Horseferry Road Magistrates any fear must be immediate
      - R v Ireland repeated phone calls, causing victims to fear violence immediately is assault
  - - - assault causing harm
      - consent not a defence - R v Brown sexual activities causing injury, consented - not a defence - reduced sentence as not aware
      - DPP v Brown assaulted another prisoner, said asked to do so as wanted to go to solitary - consent not a defence
    - - result offence
    - - summary conviction
        
        12 months or 1,500 fine
      - indictment
        
        fine or prison up to 5 years
  - - - intentionally or recklessly cause serious harm
      - Kirwan proof of injury with protracted or long term consequences not required- consent not a defence
      - liability on indictment - prison for life or fine
    - - s5 non fatal offences against person act
      - summary conviction 12 months or 1,500 fine
      - on indictment fine or 10 years sentence
  - - - likely applicable
    - - injuring or threatening to injure
      - with intention of causeing someone to believe infected with disease or threathened
      - spraying blood - someone to believe infected with disease
      - pierces skin with syringe
      - summary conviction - fine 1,500 or prison 12 years
      - indictment - fine or prison 10 years
    - - offence to posses syringe or blood in container, intended to unlawfully threaten or intimidate or cause injury
      - garda can stop person on reasonable suspicion and search
      - summary - fine 1,500 or 12 months
      - indictment - 7 years and fine
      - possesion can be sufficient to satisfy intent requirement - if reasonable to do so - based on what's in the syringe and time of day and place
    - - abandoning syringe
        
        likely to injure and does injure or causes fright and threat
        
        not applicable if lawful purpose - medical, dental or vetinary
        
        summary 1,500 or 12 months
        
        indictment fien or 7 years
        
        s8(2) intentionally place a contaminated syringe if it injures person offence
        
        indictment - life in prison