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Can threatening to call the guards on someone be considered a threat?

  • 10-07-2012 3:49pm
    #1
    jayteecork
    Site Banned Posts: 5,676 ✭✭✭


    If a person has commuted no crime whatsoever, and someone blatantly threatens to call the guards on that person, can this in fact be considered a threat itself?

    For example a brush with the law can cause loss of work, social stigma etc even if no crime was committed.

    I've heard cases of people being evicted merely because the landlord spotted the guards calling to the property.

    Just wondering about this, thanks.


Comments

  • #2
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    jayteecork wrote: »
    If a person has commuted no crime whatsoever, and someone blatantly threatens to call the guards on that person, can this in fact be considered a threat itself?

    If a person threatens something, then by definition, they have made a threat. What of it?


  • #3
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    Milk & Honey wrote: »
    If a person threatens something, then by definition, they have made a threat. What of it?

    I think the OP means is threatening to call the Guards a threat that is punishable by law.
    To my mind while it is an offence to threaten someone with physical violence , etc it is NOT an offence to threaten to report them to the Gardai even if its without good reason.


  • #4
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Delancey wrote: »
    I think the OP means is threatening to call the Guards a threat that is punishable by law.
    To my mind while it is an offence to threaten someone with physical violence , etc it is NOT an offence to threaten to report them to the Gardai even if its without good reason.

    Your mind is not relevant to anything in a legal discussion. You think the o/p meant something. It is for the o/p to say what he meant.
    What may not be an offence to your mind may well be an offence in law. The word menace in law has a much wider meaning than physical violence.
    [1895] 706 1 Q.B.
    THE QUEEN v. TOMLINSON


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    jayteecork wrote: »
    If a person has commuted no crime whatsoever, and someone blatantly threatens to call the guards on that person, can this in fact be considered a threat itself?
    I think it can.

    Nobody particularly wants a Garda calling to their door. Sure we should be above it all, but it would be something that would worry, embarrass or otherwise affect a lot of people. Someone who isn't familiar with the niceties of the law (foreign, young, naive, uneducated) could be manipulated to their detriment. Potentially such a threat could be almost at the level of assault.

    If a crime was committed, threatening to call the Garda would be proper and legal. Threatening to call the Garda as a means of blackmailing / manipulating someone in such a situation would not be proper.


  • #6
    jayteecork
    Site Banned Posts: 5,676 ✭✭✭jayteecork


    Delancey wrote: »
    I think the OP means is threatening to call the Guards a threat that is punishable by law.
    To my mind while it is an offence to threaten someone with physical violence , etc it is NOT an offence to threaten to report them to the Gardai even if its without good reason.
    Milk & Honey wrote: »
    Your mind is not relevant to anything in a legal discussion. You think the o/p meant something. It is for the o/p to say what he meant.
    What may not be an offence to your mind may well be an offence in law. The word menace in law has a much wider meaning than physical violence.
    [1895] 706 1 Q.B.
    THE QUEEN v. TOMLINSON

    I meant what Delancey said.


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  • #7
    murrayp4
    Registered Users Posts: 969 ✭✭✭murrayp4


    Milk & Honey wrote: »
    Your mind is not relevant to anything in a legal discussion. You think the o/p meant something. It is for the o/p to say what he meant.
    What may not be an offence to your mind may well be an offence in law. The word menace in law has a much wider meaning than physical violence.
    [1895] 706 1 Q.B.
    THE QUEEN v. TOMLINSON

    When he says 'to my mind' I'm pretty sure he means 'as far as i know.'


  • #8
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    murrayp4 wrote: »
    When he says 'to my mind' I'm pretty sure he means 'as far as i know.'
    You are pretty sure? As far as I know? These kind of phrases have no place in a legal discussion. The way to make a point is to cite a legal authority and comment on it, not make assertions in the manner of punters having a debate in a pub.


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