# Assault causing harm



## Nannyplumb (1 Jan 2018)

Just like to know if anyone could advise me on the likelihood of a custodial sentence for a first offence of section 3 assault causing harm where the victim would rather no prison time for the offender.


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## IdesofMarch (1 Jan 2018)

Has the offender previous convictions, in particular for assault?


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## Nannyplumb (1 Jan 2018)

No previous convictions


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## IdesofMarch (1 Jan 2018)

What was the extent of the "Harm" as in did the other party lose a tooth etc


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## Nannyplumb (1 Jan 2018)

Stitches in head and surgery on hip.


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## IdesofMarch (1 Jan 2018)

Ouch, that is serious. Does the assailant and the defendant know each other well?


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## Nannyplumb (1 Jan 2018)

Yes family members


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## IdesofMarch (1 Jan 2018)

This case is obviously going forward to the Circuit Court for trial due to the serious injuries sustained as a result to the assault. The injured party can either withdraw their complaint by giving a statement to the investigating Garda (free and voluntarily) or else they could write a letter to the Judge that they do not wish for the assailant to be imprisoned as a result of the assault. I would recommend the injured part get proper legal advice as this forum does not allow for same and there may be implications for compensation if the assault occurred in a house or business premises.


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## galway_blow_in (1 Jan 2018)

i was once assaulted on my own property by an intruder , he didnt get convicted though was summonsed 

court can be funny


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## Nannyplumb (1 Jan 2018)

Thanks for the reply. The victim has not yet given a statement. But if he informs Gardai that he wishes to withdraw his complaint I assume Gardai will still put case to DPP and likely DPP will still send case to court? Is it possible for defendant to plead not guilty by reason of diminished responsibility due to mental health problems?


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## POC (1 Jan 2018)

Definitely get legal advice. The lawyer can also discuss a protection order, or barring order, if appropriate.


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## galway_blow_in (1 Jan 2018)

Nannyplumb said:


> Thanks for the reply. The victim has not yet given a statement. But if he informs Gardai that he wishes to withdraw his complaint I assume Gardai will still put case to DPP and likely DPP will still send case to court? Is it possible for defendant to plead not guilty by reason of diminished responsibility due to mental health problems?



if the victim is withdrawing his complaint , its highly unlikely the guards will pursue this to any meaningful degree


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## Nannyplumb (3 Jan 2018)

Thanks for the replies. Does anyone know which prison offender would likely be sent to? ( offender is from Dublin)


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## newirishman (3 Jan 2018)

galway_blow_in said:


> if the victim is withdrawing his complaint , its highly unlikely the guards will pursue this to any meaningful degree



I truly hope this is not the case. You really want laws to only be upheld if the victim complains? Not how judiciary system works, even in Ireland (I assume at least!)

EDIT: if it is a first offence, and minor as well, jail time is unlikely anyways.


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## galway_blow_in (3 Jan 2018)

newirishman said:


> I truly hope this is not the case. You really want laws to only be upheld if the victim complains? Not how judiciary system works, even in Ireland (I assume at least!)
> 
> EDIT: if it is a first offence, and minor as well, jail time is unlikely anyways.



the guy who assaulted me was cleared of any wrongdoing , he had pull very high up in the force however so the guards didnt bother telling the judge it happened on my property at all or even produce my medical evidence for that matter , plus they implied i attacked him  with a tazer ( i wouldnt even know where to buy one ) so the judge decided there was two sides to it ( and no i wasnt convicted for having a tazer but the accusation hung in the air )

its rare that two similar cases are treated the same however , agendas are rife in justice so information often gets left out or added in before the DPP gets a look at it


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## elcato (3 Jan 2018)

galway_blow_in said:


> agendas are rife in justice so information often gets left out or added in before the DPP gets a look at it


and online forums


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## galway_blow_in (3 Jan 2018)

elcato said:


> and online forums



indeed !

beit from a pro or anti position regardless of subject matter


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