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Anti-social behaviors towards houses and gardens questions?

  • 11-09-2012 7:50pm
    #1
    Cork boy 55
    Closed Accounts Posts: 2,324 ✭✭✭


    What offensives can kids be charged with for following
    and what are the likely punishments?

    a) stone/missile throwing at a house causing criminal damage
    b) stone/missile throwing at a house but not causing any criminal damage
    c) throwing rubbish into a garden (small items)

    Can adults be charged with anything if they see their kids doing above but fail to stop/act or punish them?
    Tagged:


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Kids under 12 can't be charged with anything.

    Kids over 12 but under 18 would be entitled to inclusion in the Juvenile Diversion Program.

    Their parents wouldn't be charged unless it could be proven they were directing them to commit the offences.


  • #3
    charlemont
    Closed Accounts Posts: 4,725 ✭✭✭charlemont


    A good slap should be allowed as a punishment.


  • #4
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Cork boy 55 wrote: »
    What offensives can kids be charged with for following
    and what are the likely punishments?

    a) stone/missile throwing at a house causing criminal damage
    b) stone/missile throwing at a house but not causing any criminal damage
    c) throwing rubbish into a garden (small items)

    Can adults be charged with anything if they see their kids doing above but fail to stop/act or punish them?

    You could always sue civilly for nuisance if it's ongoing. The age for responsibility in tort is quite low and once there is property damage certain bars are removed.

    Note: Theses are the voyages of the starship First Year Law Student. It's five year mission to give people duff information and half arsed legal theories. To Boldly get it wrong where no man has got it wrong before.


  • #5
    Grolschevik
    Registered Users, Registered Users 2 Posts: 3,472 ✭✭✭Grolschevik


    Procrastastudy wrote: »
    Note: Theses are the voyages of the starship First Year Law Student. It's five year mission to give people duff information and half arsed legal theories. To Boldly get it wrong where no man has got it wrong before.


    :pac:


  • #6
    Cork boy 55
    Closed Accounts Posts: 2,324 ✭✭✭Cork boy 55


    charlemont wrote: »
    A good slap should be allowed as a punishment.

    that's an option but what happens after that?


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  • #7
    Cork boy 55
    Closed Accounts Posts: 2,324 ✭✭✭Cork boy 55


    Procrastastudy wrote: »
    You could always sue civilly for nuisance if it's ongoing. The age for responsibility in tort is quite low and once there is property damage certain bars are removed.



    I cannot identify which kid(there is dozens of them over there) is doing it as the back wall over which the stuff is coming is too high, I might be able to get a photo if
    I am there when it is happening
    I climb wall ( a bit of hassle)
    and catch them in act.

    The back wall faces onto a council estate.

    Could I sue the council or try to get the individuals.

    What is the name of the actually offense?


  • #8
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    MagicSean wrote: »
    Kids under 12 can't be charged with anything.

    Kids over 12 but under 18 would be entitled to inclusion in the Juvenile Diversion Program.

    Their parents wouldn't be charged unless it could be proven they were directing them to commit the offences.

    Actually, doli incapax was abolished in relation to certain offences, with the consent of the DPP. It was the 2007 Act, far as I know. The ages are correct, but let's be specific.


  • #9
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Tom Young wrote: »
    Actually, doli incapax was abolished in relation to certain offences, with the consent of the DPP. It was the 2007 Act, far as I know. The ages are correct, but let's be specific.

    Wasn't that for rape offences and murder only? I don't think the ops problem has gotten that far.


  • #10
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    MagicSean wrote: »
    Wasn't that for rape offences and murder only? I don't think the ops problem has gotten that far.

    Yep: Serious scheduled offences. You're of course correct.


  • #11
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Cork boy 55 wrote: »
    I cannot identify which kid(there is dozens of them over there) is doing it as the back wall over which the stuff is coming is too high, I might be able to get a photo if
    I am there when it is happening
    I climb wall ( a bit of hassle)
    and catch them in act.

    The back wall faces onto a council estate.

    Could I sue the council or try to get the individuals.

    What is the name of the actually offense?

    I think you're pretty scuppered :( I can't imagine you could sue the council. Perhaps you could make a complaint - ask them to install CCTV or do something to prevent them throwing stuff over?

    You'd have to catch the same people in the act over and over again. It has to be ongoing. Sorry OP seems like a crappy situation.


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