{"id":33506,"date":"2024-03-19T08:09:46","date_gmt":"2024-03-19T08:09:46","guid":{"rendered":"https:\/\/legalblog.ie\/?p=33506"},"modified":"2024-03-23T09:41:24","modified_gmt":"2024-03-23T09:41:24","slug":"aggravated-assault","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/aggravated-assault\/","title":{"rendered":"Aggravated Assault"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Non-Fatal_Offences_Against_the_Person\" title=\"Non-Fatal Offences Against the Person\">Non-Fatal Offences Against the Person<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Force\" title=\"Force\">Force<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Assault_Causing_Harm\" title=\"Assault Causing Harm\">Assault Causing Harm<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Non-fatal_strangulation_or_non-fatal_suffocation\" title=\"Non-fatal strangulation or non-fatal suffocation\">Non-fatal strangulation or non-fatal suffocation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Assault_with_Intent\" title=\"Assault with Intent\">Assault with Intent<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Assault_Causing_Serious_Harm\" title=\"Assault Causing Serious Harm\">Assault Causing Serious Harm<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Non-fatal_strangulation_or_suffocation_causing_serious_harm\" title=\"Non-fatal strangulation or suffocation causing serious harm\">Non-fatal strangulation or suffocation causing serious harm<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Stabbing_with_Threatening_Syringe\" title=\"Stabbing with Threatening Syringe\">Stabbing with Threatening Syringe<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Poisoning\" title=\"Poisoning\">Poisoning<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Assaulting_Medical_Personnel\" title=\"Assaulting Medical Personnel\">Assaulting Medical Personnel<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/#Threat_to_Kill_or_Cause_Serious_Injury\" title=\"Threat to Kill or Cause Serious Injury\">Threat to Kill or Cause Serious Injury<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#NON-FATAL_OFFENCES_AGAINST_THE_PERSON_ACT_1997\" title=\"NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997\">NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Assault\" title=\"Assault.\">Assault.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Assault_causing_harm\" title=\"Assault causing harm.\">Assault causing harm.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Non-fatal_strangulation_or_non-fatal_suffocation-2\" title=\"Non-fatal strangulation or non-fatal suffocation\">Non-fatal strangulation or non-fatal suffocation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Causing_serious_harm\" title=\"Causing serious harm.\">Causing serious harm.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Non-fatal_strangulation_or_non-fatal_suffocation_causing_serious_harm\" title=\"Non-fatal strangulation or non-fatal suffocation causing serious harm\">Non-fatal strangulation or non-fatal suffocation causing serious harm<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Threats_to_kill_or_cause_serious_harm\" title=\"Threats to kill or cause serious harm.\">Threats to kill or cause serious harm.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Syringe_etc_attacks\" title=\"Syringe, etc., attacks.\">Syringe, etc., attacks.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Offence_of_possession_of_syringe_etc_in_certain_circumstances_and_seizure_thereof_by_member_of_Garda_Siochana\" title=\"Offence of possession of syringe, etc., in certain circumstances and seizure thereof by member of Garda S\u00edoch\u00e1na.\">Offence of possession of syringe, etc., in certain circumstances and seizure thereof by member of Garda S\u00edoch\u00e1na.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Placing_or_abandoning_syringe\" title=\"Placing or abandoning syringe.\">Placing or abandoning syringe.<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Poisoning-2\" title=\"Poisoning.\">Poisoning.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Abolition_of_common_law_offences_of_assault_and_battery_kidnapping_and_false_imprisonment\" title=\"Abolition of common law offences of assault and battery, kidnapping and false imprisonment.\">Abolition of common law offences of assault and battery, kidnapping and false imprisonment.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#CRIMINAL_JUSTICE_PUBLIC_ORDER_ACT_1994\" title=\"CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994\">CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Assault_with_intent_to_cause_bodily_harm_or_commit_indictable_offence\" title=\"Assault with intent to cause bodily harm or commit indictable offence.\">Assault with intent to cause bodily harm or commit indictable offence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Assault_or_obstruction_of_peace_officer\" title=\"Assault or obstruction of peace officer.\">Assault or obstruction of peace officer.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#CRIMINAL_JUSTICE_MISCELLANEOUS_PROVISIONS_ACT_2023\" title=\"CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023\">CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Amendment_of_Non-Fatal_Offences_against_the_Person_Act_1997\" title=\"Amendment of Non-Fatal Offences against the Person Act 1997\">Amendment of Non-Fatal Offences against the Person Act 1997<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Definition_Part_4\" title=\"Definition (Part 4)\">Definition (Part 4)<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Non-fatal_strangulation_or_non-fatal_suffocation-3\" title=\"Non-fatal strangulation or non-fatal suffocation\">Non-fatal strangulation or non-fatal suffocation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/aggravated-assault\/2\/#Non-fatal_strangulation_or_non-fatal_suffocation_causing_serious_harm-2\" title=\"Non-fatal strangulation or non-fatal suffocation causing serious harm\">Non-fatal strangulation or non-fatal suffocation causing serious harm<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Non-Fatal_Offences_Against_the_Person\"><\/span>Non-Fatal Offences Against the Person<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Non-Fatal Offence against the \u00a0Person Act 1997 modernise law in relation to non-fatal offences against a person.\u00a0 Many common law crimes were abolished and replaced with statutory crimes.<\/p>\n<p>The elements of the respective crimes are now defined by the statute. The common law immunity for parents, teachers and other persons in loco parentis to use reasonable chastisement was abolished.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Force\"><\/span>Force<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Force may be applied directly or indirectly.\u00a0 The direct application of force would include immediate, personally inflicted violence.\u00a0 It would also include setting a dangerous animal or some other direct act that causes an immediate personal impact.<\/p>\n<p>Indirect assault embraces a range of possibilities. It may arise from something some considerable time before the relevant event. It may for example, involve setting a dangerous device.<\/p>\n<p>Force refers to any physical force but also includes heat, light, electric current noise or another form of energy or the application of something in solid,liquid or gaseous form.<\/p>\n<p>No offence is committed if the force of impact is not intended or likely to cause injury and is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is, in fact, unacceptable to the other person.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Assault_Causing_Harm\"><\/span>Assault Causing Harm<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p><span style=\"font-family: inherit; font-style: inherit; font-weight: inherit;\">The offence of assault causing harm is committed when a person assaults another, causing him or her harm.\u00a0 There is no requirement of intention or recklessness, as in the case of simple assault. Harm includes any harm to the body or mind. \u00a0It includes pain and unconsciousness.<\/span><\/p>\n<p>In order to be guilty of assault causing harm, \u00a0the person must be guilty of ordinary assault and harm as defined in the legislation must have occurred.<\/p>\n<p>Aggravated assault is assault causing harm. It can be prosecuted summarily or on indictment. On summary trial, the maximum penalty is \u20ac1,905 or 12 months imprisonment or both. On conviction on indictment, the maximum penalty is fine or\u00a0 5 years&#8217; imprisonment.<\/p>\n<p>This offence replaced the older offence of assault causing bodily harm under the \u00a0Offences Against the Person Act 1861.\u00a0 Cases under that Act illuminate the meaning of harm.\u00a0 Harm includes most hurts or injuries which interfere with health and comfort.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Non-fatal_strangulation_or_non-fatal_suffocation\"><\/span>Non-fatal strangulation or non-fatal suffocation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person shall be guilty of an offence who, without lawful excuse, intentionally or recklessly\u2014<\/p>\n<ul>\n<li>strangles or suffocates another, or<\/li>\n<li>causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to suffocation or strangulation.<\/li>\n<\/ul>\n<p>In a prosecution\u00a0 it shall be a defence for the accused to show that the other consented to the strangulation or suffocation of which the offence consists.<\/p>\n<p>A person guilty of an offence\u00a0 shall be liable\u2014<\/p>\n<ul>\n<li>on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both, or<\/li>\n<li>on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years, or to both.<\/li>\n<\/ul>\n<p>A person charged with an offence\u00a0 if the evidence does not warrant a conviction for that offence but warrants a conviction for assault causing harm, be found guilty of that offence.<\/p>\n<ul>\n<li>&#8220;strangle&#8221; includes applying, directly or indirectly, force to the neck of another so as to impede breathing or the circulation of blood;<\/li>\n<li>&#8220;suffocate&#8221; includes\u2014 asphyxiating another, and \u00a0impeding the breathing of another, including by\u2014 covering the mouth or nose, \u00a0constricting the chest, or \u00a0blocking, by means of a foreign object, the airways,\u00a0of the other.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Assault_with_Intent\"><\/span>Assault with Intent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any person who assaults any person with intent to cause bodily harm or to commit an indictable offence shall be guilty of an offence. A person guilty of an offence under this section shall be liable on summary conviction, to a fine not exceeding \u20ac 2,500 ] r to imprisonment for a term not exceeding 12 months or to both, on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.<\/p>\n<p>Where it appears to a member of the Garda S\u00edoch\u00e1na of Superintendent rank or above, that it is necessary in the interest of preserve order to restrict access of persons to the place where the event is taking place which is likely to attract a large assembly of persons, he may authorise \u00a0Gardai to put in place barriers on any road, street, lane, alley or other means of access to such a place in a position not more than one mile therefrom for the purpose of regulating the access of persons or vehicles thereto.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Assault_Causing_Serious_Harm\"><\/span>Assault Causing Serious Harm<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Assault causing serious harm is a separate offence. As with simple assault evidence of intention or recklessness is required. The penalty on conviction is a fine or imprisonment for any term up to life.<\/p>\n<p>It is an offence to intentionally or recklessly cause serious harm to another.\u00a0 Unlike the previous species of assault, intention or recklessness is required.\u00a0 This offence replaced offences under the Offences Against a Person Act of wounding with intent and unlawful wounding.<\/p>\n<p>Serious harm and injury which creates a substantial risk of death or which cause serious disfigurement or substantial loss or impairment of the mobility of the body as a whole or of the function of any particular bodily member or organs.\u00a0 The harm need not be permanent or have serious long-term consequences.<\/p>\n<p>The offence may be constituted where persons indirectly cause others to suffer injury. Examples include where panic is caused in a closed place or when a person is threatened in such a way as to injure himself while escaping for example, by jumping out of a window.<\/p>\n<p>An assault causing harm requires proof of an assault and harm to the mind or body. This includes pain and unconsciousness. Serious harm is an injury that causes a substantial risk of death, serious disfigurement, substantial loss or impairment of the body\u2019s mobility as a whole or substantial loss or impairment of a function of any organ or body member.<\/p>\n<p>A person may only consent if he or she has the mental capacity to do so. The victim may consent to the infliction of some degree of harm. However, the absence of consent is not an element in respect of the offence of assault causing serious harm. There may be some exceptions where it may be possible to have a defence to the infliction of serious harm, for example, in the course of boxing or sports.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Non-fatal_strangulation_or_suffocation_causing_serious_harm\"><\/span>Non-fatal strangulation or suffocation causing serious harm<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who intentionally or recklessly causes serious harm to another by suffocating or strangling the other shall be guilty of an offence. \u00a0A person guilty of this offence is liable on conviction on indictment to a fine or to imprisonment for life or to both.<\/p>\n<p>A person charged with an offence under subsection (1) may, if the evidence does not warrant a conviction for that offence but warrants a conviction for an offence under section 4, be found guilty of an offence under section 4.<\/p>\n<p>In this section, &#8220;strangle&#8221; and &#8220;suffocate&#8221; have the meanings they have in section 3A (inserted by section 21 of the Criminal Justice (Miscellaneous Provisions) Act 2023).]<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Stabbing_with_Threatening_Syringe\"><\/span>Stabbing with Threatening Syringe<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to injure or threaten to injure another person by piercing their skin with a syringe with either the intent of causing to believe that they may have been infected with a disease or where there is a likelihood of causing such a belief.<\/p>\n<p>The maximum punishment a fine, 10 years imprisonment or both. The act must be intentional or reckless regarding the stabbing or threat to stab.<\/p>\n<p>It is an offence to spray, pour or put blood or blood-like substances on another person or threaten to do so with the intention of causing a belief of infection in the victim or where there is a likelihood of causing such a belief.<\/p>\n<p>It is an offence to injure another person by intentionally piercing his or her skin with a contaminated syringe or intentionally spray, pour, or put contaminated blood onto another person or to do either to a third party while committing or attempting to commit this offence. The maximum penalty is life imprisonment.<\/p>\n<p>A contaminated syringe is one containing contaminated blood or fluid. This is blood containing any disease, virus agent or organism that could be life-threatening or potentially life-threatening to another in his bloodstream.<\/p>\n<p>It is an offence to possess a syringe in a public place or blood container with intent to cause or threaten to cause an injury to or intimidate another person.<\/p>\n<p>It is an offence to place or abandon a syringe in a public place in a manner likely to injure another person or which does, in fact, injure a person or where it is likely to injure cause or threat or frighten another person.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Poisoning\"><\/span>Poisoning<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person shall be guilty of an offence if, knowing that the other does not consent to what is being done, he or she intentionally or recklessly administers to or causes to be taken by another a substance which he or she knows to be capable of interfering substantially with the other&#8217;s bodily functions.\u00a0\u00a0A substance capable of inducing unconsciousness or sleep is capable of interfering substantially with bodily functions.<\/p>\n<p>It is not necessary that the substance be a poison but only that it is capable of substantially interfering with bodily functions. It need not be shown that it actually interferes with bodily functions.<\/p>\n<p>The person must know that the other does not consent to what is being done. He or she must intentionally or recklessly administer to or cause to be taken by another a substance which he or she knows to be capable of interfering substantially with the other&#8217;s bodily functions.\u00a0A substance capable of inducing unconsciousness or sleep is capable of interfering substantially with bodily functions.<\/p>\n<p>A person guilty of an offence shall be liable on summary conviction to a fine not exceeding \u20ac1,905 or to imprisonment for a term not exceeding 12 months or to both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding 3 years or to both.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Assaulting_Medical_Personnel\"><\/span>Assaulting Medical Personnel<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence carrying an increased level of fine and imprisonment to assault or threaten to assault persons providing medical services at a hospital or persons assisting them, persons who are officers of the peace or other persons assisting with intent to resist or prevent lawful apprehension of the detention of himself or another.<\/p>\n<p>A person may be liable on summary conviction for a fine up to \u20ac5,000 \u00a0and imprisonment not exceeding 12 months or an indictment for a fine and\/ or imprisonment not exceeding 7 years.<\/p>\n<p>A person who willfully resists or obstructs any of the above persons is guilty of an offence subject on summary conviction to a fine not exceeding \u20ac2,500 or 6 months imprisonment or both.\u00a0 An officer of the peace includes a member of Garda S\u00edoch\u00e1na, a prison officer, a member of the fire brigade, ambulance, or member of the defence forces.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Threat_to_Kill_or_Cause_Serious_Injury\"><\/span>Threat to Kill or Cause Serious Injury<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to threaten to kill or cause serious harm to any person and to communicate the threat by any means to any person, whether the person is threatened or not provided that the accused intended that the recipient believe the threat.<\/p>\n<p>A person guilty of this offence is liable on summary conviction to a fine not exceeding \u20ac1,905 or to imprisonment for a term not exceeding 12 months or to both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.<\/p>\n<p>\u2022 It is an offence to do any of the following without lawful authority in order to compel a person to refrain from doing something he or she is legally entitled to do or to do something which he or she is legally entitled not to do.<br \/>\n\u2022 use violence or intimidation to that person or his or her family<br \/>\n\u2022 injuring or damaging his or her property<br \/>\n\u2022 persistently following him or her from place to place<br \/>\n\u2022 watching or possessing his or her place of residence or business or the approaches thereto or any other place where that person happens to be or<br \/>\n\u2022 following him or her with others in a disorderly fashion<\/p>\n<p>Property includes money or animals or other things.<\/p>\n<p><!--nextpage--><\/p>\n<h2>NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 1 November 2023<\/p>\n<p>AN ACT TO REVISE THE LAW RELATING TO THE MAIN NON-FATAL OFFENCES AGAINST THE PERSON AND TO PROVIDE FOR CONNECTED MATTERS. [19th May, 1997]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nApplication of Act extended (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16\/2000), s. 2 and sch. 2, commenced on enactment.<\/p>\n<p>Offences against United Nations workers.<\/p>\n<p>2.\u2014Where a person does outside the State an act to, or in relation to, a United Nations worker that, if done in the State, would constitute an offence specified in Part I of the Second Schedule, he or she shall be guilty of an offence and liable on conviction to the penalty to which he or she would have been liable if he or she had done the act in the State.<\/p>\n<p>&#8230;<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Section 2<\/p>\n<p>PART I<\/p>\n<p>&#8230;<\/p>\n<p>Non-fatal offences<\/p>\n<p>4. Any offence under the following provisions of the Non-Fatal Offences against the Person Act, 1997 \u2014<\/p>\n<p>(a) section 2 (assault);<\/p>\n<p>(b) section 3 (assault causing harm);<\/p>\n<p>(c) section 4 (assault causing serious harm);<\/p>\n<p>(d) section 5 (threats to kill or cause serious harm);<\/p>\n<p>(e) section 12 (poisoning);<\/p>\n<p>(f) section 13 (endangerment);<\/p>\n<p>(g) section 15 (false imprisonment).<\/p>\n<p>&#8230;<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nSome other legislation refers to offences under this Act as disqualifying or potentially disqualifying offences, or as otherwise meriting certain treatment. They include:<\/p>\n<p>\u2022 Greyhound Racing Act 2019 (15\/2019), ss. 9, 44<\/p>\n<p>\u2022 Criminal Law (Extraterritorial Jurisdiction) Act 2019 (6\/2019), s. 1<\/p>\n<p>\u2022 Domestic Violence Act 2018 (6\/2018), s. 40<\/p>\n<p>\u2022 European Union (Passenger Name Record Data) Regulations 2018 (S.I. No. 177 of 2018)<\/p>\n<p>\u2022 Criminal Justice (Victims of Crime) Act 2017 (28\/2017), s. 2(1)<\/p>\n<p>\u2022 Taxi Regulation Act 2013 (37\/2013), ss. 10, 30, 31 and sch. part 2<\/p>\n<p>\u2022 National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (47\/2012), s. 14A and schs. 2, 3<\/p>\n<p>\u2022 Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24\/2012), ss. 2, 3 and schs. 1, 2<\/p>\n<p>\u2022 Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16\/2012), s. 12<\/p>\n<p>\u2022 Road Transport Act 2011 (31\/2011), s. 2<\/p>\n<p>\u2022 Broadcasting Act 2009 (18\/2009), s. 139A and sch. 3<\/p>\n<p>\u2022 Criminal Justice Act 2007 (29\/2007), ss. 25, 26 and sch. 2, s. 50<\/p>\n<p>\u2022 Criminal Justice Act 2006 (26\/2006), ss. 101 and sch. 3, s. 183<\/p>\n<p>\u2022 Criminal Justice (Terrorist Offences) Act 2005 (2\/2005), s. 11 and sch. 6<\/p>\n<p>\u2022 Children Act 2001 (24\/2001), ss. 251, 253-257 and sch. 1<\/p>\n<p>\u2022 Criminal Justice Act 1993 (6\/1993), s. 5<\/p>\n<p>\u2022 Electoral Act 1992 (23\/1992), s. 15E(2)(b)<\/p>\n<p>\u2022 Criminal Evidence Act 1992 (12\/1992), s. 12<\/p>\n<p>\u2022 Road Traffic Act 1968 (25\/1968), s. 18A and sch. 2<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>\u201ccontaminated blood\u201d means blood which is contaminated with any disease, virus, agent or organism which if passed into the blood stream of another could infect the other with a life threatening or potentially life threatening disease;<\/p>\n<p>\u201ccontaminated fluid\u201d means fluid or substance which is contaminated with any disease, virus, agent or organism which if passed into the blood stream of another could infect the other with a life threatening or potentially life threatening disease;<\/p>\n<p>\u201ccontaminated syringe\u201d means a syringe which has in it or on it contaminated blood or contaminated fluid;<\/p>\n<p>\u201charm\u201d means harm to body or mind and includes pain and unconsciousness;<\/p>\n<p>\u201cmember of the family\u201d in relation to a person, means the spouse, a child (including step-child or adopted child), grandchild, parent, grandparent, step-parent, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece of the person or any person cohabiting or residing with him or her;<\/p>\n<p>\u201cproperty\u201d means property of a tangible nature, whether real or personal, including money and animals that are capable of being stolen;<\/p>\n<p>\u201cpublic place\u201d includes any street, seashore, park, land or field, highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and includes any train, vessel, aircraft or vehicle used for the carriage of persons for reward;<\/p>\n<p>\u201cserious harm\u201d means injury which creates a substantial risk of death or which causes serious disfigurement or substantial loss or impairment of the mobility of the body as a whole or of the function of any particular bodily member or organ;<\/p>\n<p>\u201cstreet\u201d includes any road, bridge, lane, footway, subway, square, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public; and the doorways, entrances and gardens abutting on a street and any ground or car-park adjoining and open to a street, shall be treated as forming part of a street;<\/p>\n<p>\u201csyringe\u201d includes any part of a syringe or a needle or any sharp instrument capable of piercing skin and passing onto or into a person blood or any fluid or substance resembling blood.<\/p>\n<p>(2) For the purposes of sections 17, 18 and 19 it is immaterial whether a belief is justified or not if it is honestly held but the presence or absence of reasonable grounds for the belief is a matter to which the court or the jury is to have regard, in conjunction with any other relevant matters, in considering whether the person honestly held the belief.<\/p>\n<p>(3) In this Act\u2014<\/p>\n<p>(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,<\/p>\n<p>(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,<\/p>\n<p>(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.<\/p>\n<h4>Assault.<\/h4>\n<p>2.\u2014(1) A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly\u2014<\/p>\n<p>(a) directly or indirectly applies force to or causes an impact on the body of another, or<\/p>\n<p>(b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact,<\/p>\n<p>without the consent of the other.<\/p>\n<p>(2) In subsection (1) (a), \u201cforce\u201d includes\u2014<\/p>\n<p>(a) application of heat, light, electric current, noise or any other form of energy, and<\/p>\n<p>(b) application of matter in solid liquid or gaseous form.<\/p>\n<p>(3) No such offence is committed if the force or impact, not being intended or likely to cause injury, is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is in fact unacceptable to the other person.<\/p>\n<p>(4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding \u00a31,500 or to imprisonment for a term not exceeding 6 months or to both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nA fine of \u00a31,500 converted (1.01.1999) to \u20ac1,904.61. This translates into a class C fine not greater than \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<h4>Assault causing harm.<\/h4>\n<p>3.\u2014(1) A person who assaults another causing him or her harm shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding \u00a31,500 or to both, or<\/p>\n<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding F1[10 years] or to both.<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 20, S.I. No. 525 of 2023.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nA fine of \u00a31,500 converted (1.01.1999) to \u20ac1,904.61. This translates into a class C fine not greater than \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), s. 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F2[<\/p>\n<h4>Non-fatal strangulation or non-fatal suffocation<\/h4>\n<p>3A.\u2014(1) A person shall be guilty of an offence who, without lawful excuse, intentionally or recklessly\u2014<\/p>\n<p>(a) strangles or suffocates another, or<\/p>\n<p>(b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to suffocation or strangulation.<\/p>\n<p>(2) In a prosecution for an offence under subsection (1), it shall be a defence for the accused to show that the other consented to the strangulation or suffocation of which the offence consists.<\/p>\n<p>(3) A person guilty of an offence under subsection (1) shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years, or to both.<\/p>\n<p>(4) A person charged with an offence under subsection (1) may, if the evidence does not warrant a conviction for that offence but warrants a conviction for an offence under section 3, be found guilty of an offence under section 3.<\/p>\n<p>(5) In this section and section 4A (inserted by section 22 of the Criminal Justice (Miscellaneous Provisions) Act 2023)\u2014<\/p>\n<p>&#8220;strangle&#8221; includes applying, directly or indirectly, force to the neck of another so as to impede breathing or the circulation of blood;<\/p>\n<p>&#8220;suffocate&#8221; includes\u2014<\/p>\n<p>(a) asphyxiating another, and<\/p>\n<p>(b) impeding the breathing of another, including by\u2014<\/p>\n<p>(i) covering the mouth or nose,<\/p>\n<p>(ii) constricting the chest, or<\/p>\n<p>(iii) blocking, by means of a foreign object, the airways,<\/p>\n<p>of the other.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F2<br \/>\nInserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 21, S.I. No. 525 of 2023. A class A fine means a fine not exceeding \u20ac5,000 as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(1), S.I. No. 662 of 2010.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E4<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<h4>Causing serious harm.<\/h4>\n<p>4.\u2014(1) A person who intentionally or recklessly causes serious harm to another shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or to imprisonment for life or to both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nOffence under section listed as offence for the purposes of Criminal Justice Act 2007, Part 3 (18.05.2007) by Criminal Justice Act 2007 (29\/2007), ss. 25, 26 and sch. 2 para. 2(a), S.I. No. 236 of 2007.<\/p>\n<p>F3[<\/p>\n<h4>Non-fatal strangulation or non-fatal suffocation causing serious harm<\/h4>\n<p>4A.\u2014(1) A person who intentionally or recklessly causes serious harm to another by suffocating or strangling the other shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under subsection (1) shall be liable on conviction on indictment to a fine or to imprisonment for life or to both.<\/p>\n<p>(3) A person charged with an offence under subsection (1) may, if the evidence does not warrant a conviction for that offence but warrants a conviction for an offence under section 4, be found guilty of an offence under section 4.<\/p>\n<p>(4) In this section, &#8220;strangle&#8221; and &#8220;suffocate&#8221; have the meanings they have in section 3A (inserted by section 21 of the Criminal Justice (Miscellaneous Provisions) Act 2023).]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nInserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 22, S.I. No. 525 of 2023.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E6<br \/>\nThe section heading is taken from the amending section in the absence of one included in the amendment.<\/p>\n<h4>Threats to kill or cause serious harm.<\/h4>\n<p>5.\u2014(1) A person who, without lawful excuse, makes to another a threat, by any means intending the other to believe it will be carried out, to kill or cause serious harm to that other or a third person shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a fine not exceeding \u00a31,500 or to imprisonment for a term not exceeding 12 months or to both, or<\/p>\n<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E7<br \/>\nA fine of \u00a31,500 converted (1.01.1999) to \u20ac1,904.61. This translates into a class C fine not greater than \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), s. 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>E8<br \/>\nOffence under section listed as offence for the purposes of Criminal Justice Act 2007, Part 3 (18.05.2007) by Criminal Justice Act 2007 (29\/2007), ss. 25, 26 and sch. 2 para. 2(b), S.I. No. 236 of 2007.<\/p>\n<h4>Syringe, etc., attacks.<\/h4>\n<p>6.\u2014(1) A person who\u2014<\/p>\n<p>(a) injures another by piercing the skin of that other with a syringe, or<\/p>\n<p>(b) threatens to so injure another with a syringe,<\/p>\n<p>with the intention of or where there is a likelihood of causing that other to believe that he or she may become infected with disease as a result of the injury caused or threatened shall be guilty of an offence.<\/p>\n<p>(2) A person who\u2014<\/p>\n<p>(a) sprays, pours or puts onto another blood or any fluid or substance resembling blood, or<\/p>\n<p>(b) threatens to spray, pour or put onto another blood or any fluid or substance resembling blood,<\/p>\n<p>with the intention of or where there is a likelihood of causing that other to believe that he or she may become infected with disease as a result of the action caused or threatened shall be guilty of an offence.<\/p>\n<p>(3) A person who in committing or attempting to commit an offence under subsection (1) or (2)\u2014<\/p>\n<p>(a) injures a third person with a syringe by piercing his or her skin, or<\/p>\n<p>(b) sprays, pours or puts onto a third person blood or any fluid or substance resembling blood,<\/p>\n<p>resulting in the third person believing that he or she may become infected with disease as a result of the injury or action caused shall be guilty of an offence.<\/p>\n<p>(4) A person guilty of an offence under subsection (1), (2) or (3) shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a fine not exceeding \u00a31,500 or to imprisonment for a term not exceeding 12 months or to both, or<\/p>\n<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 10 years or to both.<\/p>\n<p>(5) (a) A person who intentionally injures another by piercing the skin of that other with a contaminated syringe shall be guilty of an offence.<\/p>\n<p>(b) A person who intentionally sprays, pours or puts onto another contaminated blood shall be guilty of an offence.<\/p>\n<p>(c) A person who in committing or attempting to commit an offence under paragraph (a) or (b)\u2014<\/p>\n<p>(i) injures a third person with a contaminated syringe by piercing his or her skin, or<\/p>\n<p>(ii) sprays, pours or puts onto a third person contaminated blood,<\/p>\n<p>shall be guilty of an offence.<\/p>\n<p>(d) A person guilty of an offence under this subsection shall be liable on conviction on indictment to imprisonment for life.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E9<br \/>\nA fine of \u00a31,500 converted (1.01.1999) to \u20ac1,904.61. This translates into a class C finenot greater than \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), s. 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<h4>Offence of possession of syringe, etc., in certain circumstances and seizure thereof by member of Garda S\u00edoch\u00e1na.<\/h4>\n<p>7.\u2014(1) A person who has with him or her in any place\u2014<\/p>\n<p>(a) a syringe, or<\/p>\n<p>(b) any blood in a container,<\/p>\n<p>intended by him or her unlawfully to cause or threaten to cause injury to or to intimidate another shall be guilty of an offence.<\/p>\n<p>(2) A member of the Garda S\u00edoch\u00e1na who has reasonable cause to suspect that a person has with him or her in a public place a syringe, or any blood in a container intended by him or her unlawfully to cause or to threaten to cause injury to or to intimidate another, may stop and question and if necessary (if need be by using reasonable force) search such person and the member may seize and detain any syringe or such container found on the person or in the immediate vicinity of the person, unless the person gives to the member reasonable excuse for having the syringe or container with him or her, and, where a syringe or such a container is so found, require the name and address of the person.<\/p>\n<p>(3) A member of the Garda S\u00edoch\u00e1na may arrest without warrant a person who\u2014<\/p>\n<p>(a) fails to stop when required under subsection (2), or<\/p>\n<p>(b) fails or refuses to give his or her name or address when required under subsection (2) or gives a name or address which the member has reasonable cause to believe is false or misleading, or<\/p>\n<p>(c) obstructs or attempts to obstruct the member or any person accompanying that member in the carrying out of the member&#8217;s duties under subsection (2).<\/p>\n<p>(4) A person who, without reasonable excuse, fails to stop or fails to give his or her name or address when required to under subsection (2) or gives a name or address which is false or misleading or obstructs or interferes with a member of the Garda S\u00edoch\u00e1na acting under that subsection shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding \u00a31,500 or to imprisonment for a term not exceeding 6 months, or to both.<\/p>\n<p>(5) In a prosecution for an offence under subsection (1), it shall not be necessary for the prosecution to allege or prove that the intent to threaten or cause injury to or intimidate was intent to threaten or cause injury to or intimidate a particular person; and if, having regard to all the circumstances (including the contents of the syringe, if any, the time of the day or night, and the place), the court (or the jury as the case may be) thinks it reasonable to do so, it shall regard possession of the syringe or container as sufficient evidence of intent in the absence of any adequate explanation by the accused.<\/p>\n<p>(6) In this section \u201cblood\u201d includes any fluid or substance resembling blood.<\/p>\n<p>(7) A person guilty of an offence under subsection (1) shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u00a31,500 or to imprisonment for a term not exceeding 12 months or to both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 7 years or to both.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E10<br \/>\nA fine of \u00a31,500 converted (1.01.1999) to \u20ac1,904.61. This translates into a class C fine not greater than \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), s. 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<h4>Placing or abandoning syringe.<\/h4>\n<p>8.\u2014(1) Subject to subsection (3), a person who places or abandons a syringe in any place in such a manner that it is likely to injure another and does injure another or is likely to injure, cause a threat to or frighten another shall be guilty of an offence.<\/p>\n<p>(2) A person who intentionally places a contaminated syringe in any place in such a manner that it injures another shall be guilty of an offence.<\/p>\n<p>(3) Subsection (1) does not apply to a person placing a syringe in any place whilst administering or assisting in lawful medical, dental or veterinary procedures.<\/p>\n<p>(4) In a prosecution for an offence under subsection (1) where it is alleged a syringe is placed in a place being a private dwelling at which the accused normally resides, it shall be a defence for the accused to show that he or she did not intentionally place the syringe in such a manner that it injured or was likely to injure or cause a threat to or frighten another, as the case may be.<\/p>\n<p>(5) A person guilty of an offence under subsection (1) shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a fine not exceeding \u00a31,500 or to imprisonment for a term not exceeding 12 months or to both, or<\/p>\n<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.<\/p>\n<p>(6) A person guilty of an offence under subsection (2) shall be liable on conviction on indictment to imprisonment for life.<\/p>\n<p>Annotations:<\/p>\n<p>Editorial Notes:<\/p>\n<p>E11<br \/>\nA fine of \u00a31,500 converted (1.01.1999) to \u20ac1,904.61. This translates into a class C finenot greater than \u20ac2,500 as provided (4.01.2011) by Fines Act 2010 (8\/2010), s. 6(2) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>&nbsp;<\/p>\n<h3>Poisoning.<\/h3>\n<p>12.\u2014(1) A person shall be guilty of an offence if, knowing that the other does not consent to what is being done, he or she intentionally or recklessly administers to or causes to be taken by another a substance which he or she knows to be capable of interfering substantially with the other&#8217;s bodily functions.<\/p>\n<p>(2) For the purpose of this section a substance capable of inducing unconsciousness or sleep is capable of interfering substantially with bodily functions.<\/p>\n<p>(3) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction to a fine not exceeding \u00a31,500 or to imprisonment for a term not exceeding 12 months or to both, or<\/p>\n<p>(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 3 years or to both.<\/p>\n<h4>Abolition of common law offences of assault and battery, kidnapping and false imprisonment.<\/h4>\n<p>28.\u2014(1) The following common law offences are hereby abolished\u2014<\/p>\n<p>(a) assault and battery,<\/p>\n<p>(b) assault occasioning actual bodily harm,<\/p>\n<p>(c) kidnapping, and<\/p>\n<p>(d) false imprisonment.<\/p>\n<p>(2) The abolition of the common law offence of kidnapping shall not affect the operation of section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act, 1976, and accordingly the said section 2 and the said Schedule shall have effect as if subsection (1) (c) had not been enacted.<\/p>\n<h2>CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994<\/h2>\n<h4>Assault with intent to cause bodily harm or commit indictable offence.<\/h4>\n<p>18.\u2014(1) Any person who assaults any person with intent to cause bodily harm or to commit an indictable offence shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding F17[\u20ac2,500] or to imprisonment for a term not exceeding 12 months or to both,<\/p>\n<p>(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<br \/>\nSubstituted (30.07.2008) by Intoxicating Liquor Act 2008 (17\/2008), s. 22 and sch. 2, S.I. No. 286 of 2008.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E23<br \/>\nOffences under section to result in mandatory disqualification for holding of public service vehicle licence for certain periods as provided (6.04.2014) by Taxi Regulation Act 2013 (37\/2013), s. 30 and sch., S.I. No. 163 of 2014.<\/p>\n<p>E24<br \/>\nOffences under section deemed \u201cserious offences\u201d for the purpose of refusal of bail (4.09.1998) by Bail Act 1997 (16\/1997), ss. 1, 2 and sch. paras. 8(a), 29, 30, S.I. No. 315 of 1998.<\/p>\n<h4>Assault or obstruction of peace officer.<\/h4>\n<p>F18[19.\u2014(1) Any person who assaults or threatens to assault\u2014<\/p>\n<p>(a) a person providing medical services at or in a hospital, or<\/p>\n<p>(b) a person assisting such a person, or<\/p>\n<p>(c) a peace officer acting in the execution of a peace officer\u2019s duty, knowing that he or she is, or being reckless as to whether he or she is, a peace officer so acting, or<\/p>\n<p>(d) any other person acting in aid of a peace officer, or<\/p>\n<p>(e) any other person with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person for any offence,<\/p>\n<p>shall be guilty of an offence. ]<\/p>\n<p>(2) A person guilty of an offence under subsection (1) shall be liable\u2014<\/p>\n<p>(a) having elected for summary disposal of the offence, on summary conviction, to a fine not exceeding F19[\u20ac5,000] or to imprisonment for a term not exceeding 12 months, or to both,<\/p>\n<p>(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding F20[12 years] or to both.<\/p>\n<p>F21[(3) Any person who resists or wilfully obstructs or impedes\u2014<\/p>\n<p>(a) a person providing medical services at or in a hospital, knowing that he or she is, or being reckless as to whether he or she is, a person providing medical services, or<\/p>\n<p>(b) a person assisting such a person, or<\/p>\n<p>(c) a peace officer acting in the execution of a peace officer\u2019s duty, knowing that he or she is or being reckless as to whether he or she is, a peace officer so acting, or<\/p>\n<p>(d) a person assisting a peace officer in the execution of his or her duty,<\/p>\n<p>shall be guilty of an offence.]<\/p>\n<p>(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding F22[\u20ac2,500] or to imprisonment for a term not exceeding 6 months or to both.<\/p>\n<p>(5) The provisions of this section are in addition to and not in substitution of any provision in any other enactment relating to assault or obstruction of a peace officer.<\/p>\n<p>(6) In this section\u2014<\/p>\n<p>F23[\u201chospital\u201d includes the lands, buildings and premises connected with and used wholly or mainly for the purposes of a hospital; ]<\/p>\n<p>F23[\u201cmedical services\u201d means services provided by\u2014<\/p>\n<p>(a) doctors, dentists, psychiatrists, nurses, midwives, pharmacists, health and social care professionals (within the meaning of the Health and Social Care Professionals Act 2005) or other persons in the provision of treatment and care for persons at or in a hospital, or<\/p>\n<p>(b) persons acting under direction of those persons;]<\/p>\n<p>\u201cpeace officer\u201d means a member of the Garda S\u00edoch\u00e1na, a prison officer F24[, a member of the fire brigade, ambulance personnel] or a member of the Defence Forces;<\/p>\n<p>\u201cprison\u201d means any place for which rules or regulations may be made under the Prisons Acts, 1826 to 1980, section 7 of the Offences against the State (Amendment) Act, 1940, section 233 of the Defence Act, 1954, section 2 of the Prisoners of War and Enemy Aliens Act, 1956, or section 13 of the Criminal Justice Act, 1960;<\/p>\n<p>F25[&#8220;prison officer&#8221; includes any member of the staff of a prison and any person having the custody of, or having duties relating to the custody of, a person in relation to whom an order of a court committing that person to a prison is for the time being in force;]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nSubstituted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(a), S.I. No. 390 of 2006.<\/p>\n<p>F19<br \/>\nSubstituted (1.08.2006) by Criminal Justice Act 2006 (26\/2008), s. 185(d), S.I. No. 390 of 2006. A fine of \u20ac5,000 translates into a class A fine, not greater than \u20ac5,000, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F20<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 63(b), S.I. No. 525 of 2023, art. 3(g).<\/p>\n<p>F21<br \/>\nSubstituted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(c), S.I. No. 390 of 2006.<\/p>\n<p>F22<br \/>\nSubstituted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(d), S.I. No. 390 of 2006. A fine of \u20ac2,500 translates into a class C fine, not greater than \u20ac2,500, as provided (4.01.2011) by Fines Act 2010 (8\/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.<\/p>\n<p>F23<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(e)(i), S.I. No. 390 of 2006.<\/p>\n<p>F24<br \/>\nInserted (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(e)(ii), S.I. No. 390 of 2006.<\/p>\n<p>F25<br \/>\nSubstituted (1.05.2007) by Prisons Act 2007 (10\/2007), s. 41(4), S.I. No. 180 of 2007.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nOffences under section to result in mandatory disqualification for holding of public service vehicle licence for certain periods as provided (6.04.2014) by Taxi Regulation Act 2013 (37\/2013), s. 30 and sch., S.I. No. 163 of 2014.<\/p>\n<p>E26<br \/>\nPersons convicted of offence under section may be subject to restriction on movement orders as provided (2.10.2006) by Criminal Justice Act 2006 (26\/2006), s. 101 and sch. 3 para. 1, S.I. No. 390 of 2006.<\/p>\n<p>E27<br \/>\nOffences under section deemed \u201cserious offences\u201d for the purpose of refusal of bail (4.09.1998) by Bail Act 1997 (16\/1997), ss. 1, 2 and sch. paras. 28, 29, 30, S.I. No. 315 of 1998.<\/p>\n<p>E28<br \/>\nPrevious affecting provision: subs. (2)(b) amended (1.08.2006) by Criminal Justice Act 2006 (26\/2006), s. 185(b), S.I. No. 390 of 2006; substituted (1.11.2023) as per F-note above.<\/p>\n<h2>CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023<\/h2>\n<p>&nbsp;<\/p>\n<p>PART 4<\/p>\n<h4>Amendment of Non-Fatal Offences against the Person Act 1997<\/h4>\n<h4>Definition (Part 4)<\/h4>\n<p>19. In this Part, \u201cAct of 1997\u201d means the Non-Fatal Offences against the Person Act 1997 .<\/p>\n<p>Amendment of section 3 of Act of 1997<\/p>\n<p>20. Section 3(2)(b) of the Act of 1997 is amended by the substitution of \u201c10 years\u201d for \u201c5 years\u201d.<\/p>\n<h4>Non-fatal strangulation or non-fatal suffocation<\/h4>\n<p>21. The Act of 1997 is amended by the insertion of the following section after section 3:<\/p>\n<p>\u201c3A. (1) A person shall be guilty of an offence who, without lawful excuse, intentionally or recklessly\u2014<\/p>\n<p>(a) strangles or suffocates another, or<\/p>\n<p>(b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to suffocation or strangulation.<\/p>\n<p>(2) In a prosecution for an offence under subsection (1), it shall be a defence for the accused to show that the other consented to the strangulation or suffocation of which the offence consists.<\/p>\n<p>(3) A person guilty of an offence under subsection (1) shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or to both, or<\/p>\n<p>(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years, or to both.<\/p>\n<p>(4) A person charged with an offence under subsection (1) may, if the evidence does not warrant a conviction for that offence but warrants a conviction for an offence under section 3, be found guilty of an offence under section 3.<\/p>\n<p>(5) In this section and section 4A (inserted by section 22 of the Criminal Justice (Miscellaneous Provisions) Act 2023)\u2014<\/p>\n<p>\u2018strangle\u2019 includes applying, directly or indirectly, force to the neck of another so as to impede breathing or the circulation of blood;<\/p>\n<p>\u2018suffocate\u2019 includes\u2014<\/p>\n<p>(a) asphyxiating another, and<\/p>\n<p>(b) impeding the breathing of another, including by\u2014<\/p>\n<p>(i) covering the mouth or nose,<\/p>\n<p>(ii) constricting the chest, or<\/p>\n<p>(iii) blocking, by means of a foreign object, the airways,<\/p>\n<p>of the other.\u201d.<\/p>\n<h4>Non-fatal strangulation or non-fatal suffocation causing serious harm<\/h4>\n<p>22. The Act of 1997 is amended by the insertion of the following section after section 4:<\/p>\n<p>\u201c4A. (1) A person who intentionally or recklessly causes serious harm to another by suffocating or strangling the other shall be guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under subsection (1) shall be liable on conviction on indictment to a fine or to imprisonment for life or to both.<\/p>\n<p>(3) A person charged with an offence under subsection (1) may, if the evidence does not warrant a conviction for that offence but warrants a conviction for an offence under section 4, be found guilty of an offence under section 4.<\/p>\n<p>(4) In this section, \u2018strangle\u2019 and \u2018suffocate\u2019 have the meanings they have in section 3A (inserted by section 21 of the Criminal Justice (Miscellaneous Provisions) Act 2023).\u201d.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-33506\" data-postid=\"33506\" class=\"themify_builder_content themify_builder_content-33506 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Non-Fatal Offences Against the Person The Non-Fatal Offence against the \u00a0Person Act 1997 modernise law in relation to non-fatal offences against a person.\u00a0 Many common law crimes were abolished and replaced with statutory crimes. The elements of the respective crimes are now defined by the statute. The common law immunity for parents, teachers and other [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[61],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/33506"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=33506"}],"version-history":[{"count":5,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/33506\/revisions"}],"predecessor-version":[{"id":33818,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/33506\/revisions\/33818"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=33506"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=33506"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=33506"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}