Offences Against Persons

Assault

There is a range of assault offences. Assault contrary to section 2 of the Non-Fatal Offences Against the Person Act, 1997 is a summary offence only. Assault causing harm may be tried either summarily or on indictment. Assault causing serious harm is an indictable offence. The maximum sentences are respectively, six months, five years and imprisonment for life.

The circumstances of assault will vary considerably. Provocation is not a defence, but it may be a factor in sentencing.  Assault leaving permanent injuries is likely to be subject to a high custodial sentence. Issues such as planning and premeditation assault for financial gain, motivation, the victim’s disability, sexual orientation, race or religion, abuse of power or trust are aggravating factors.

Assaults on members of An Gardai and persons providing essential services are significantly aggravating factors. Mitigating factors may include mental disability, youth, age, playing a more minor role, lack of premeditation and minor injury.

Threats

A threat to kill is an offence under the Non-Fatal Offences Against the Person Act. It is punishable on indictment for up to 10 years imprisonment. The circumstances will vary considerably. In some cases, threats will involve extreme terror, the use of force and a protracted course of behaviour.

In other cases, the threat may be little more than idle. The offence may also be prosecuted summarily with imprisonment up to 12 months or a fine of up to €1905.

Blackmail

Blackmail carries a sentence of up to 14 years imprisonment. The offence involves making unwarranted demands with menaces with a view to gain. It is generally regarded as very serious. Aggravating factors may include gang-related and terrorist activity.