The defendant pleaded guilty to "assault causing harm". The words "aggravated assult" were the judges when she was passing judgement.Egan, of Curraghvarna, Banagher, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm at Flannery's Pub, Lower Camden Street in the south city centre on October 31, 2004.
"This was an aggravated assault fuelled by alcohol and a crime of violence and a prolonged attack," she said. "The injured party’s life has been changed since the attack. I will take note of Egan's good character, his early guilty plea and the fact he has no previous convictions."
OK, so when she used the words "aggravated assault" that was just English, not legalese. Thanks.
Aggravated assault
Aggravated assault is, in some jurisdictions, a stronger form of assault, usually using a deadly weapon. A person has committed an aggravated assault when that person:
Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself."[1]
- attempts to cause serious bodily injury to another person such as in the case of Kidnapping
- attempts to have sexual activity with another person under the age of 14
- attempts or causes bodily injury to another person with a deadly weapon.
Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.
They occasionally break into plain English
Every assault is a civil matter, but only actions that contravene Sections 2, 3 and 4 of the NFOAP, 1997 are criminal mattersWhat about : when is assault a civil matter and when is it a criminal matter ?
The burden of proof for criminal matters is "beyond reasonable doubt", whereas it's "the balance of probabilities" for civil matters. The upshot of it is that the gardai have to prove every element of the offenceDoes a criminal assault charge ( Gardai & DPP put the case together? ) require a higher level of proof ( how do you prove to a 'higher level'?) than a civil assault charge ( put together by a private individual and his legal advisers ?) ?
Most likely - it's pretty slam dunk as it has already been proved (to a higher standard of proof) that the assault took place, but how do you collect your judgment against the assailant?If so, if someone is found guilty of criminal assault can a civil action be taken against them for the same event in the expectation that it will not be contested ?
Irish law only recognises Section 2,3 & 4 of the NFOAP, 1997 as constituting assault. The distinguishments you refer to are probably Actual Bodily Harm (ABH) and Grevious Bodily Harm (GBH) The rough equivalents of them now are Assault Causing Harm, and Causing Serious Harm (note assault is not necessary for Causing Serious Harm - it's to cover sado-masochistic activities getting too far out of hand!!)After my original post a came across a reference to 'Common Assault' and then another type of assault which seemed to describe an assault which resulted in an injury (is it necessary that someone is injured for then to have been assaulted?) which lasted for more than a week but less than a year. If that is the case what would it be called ?
No A & B was abolished by the NFOAP, 1997, but remains as a tort (civil) matterBack in the days when men were men and the King was on the throne I recall people being charged with Assault and Battery.
Is it still possible to be charged with A & B ?
If so, what is Battery and how does it differ from Assault
olddog, I presume you're familiar with the case of the two peanuts who walk into a bar?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?