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self defence ..... legality issue

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  • 20-04-2013 11:56am
    #1
    Registered Users Posts: 1,046 ✭✭✭


    any idea if throwing a saucepan full of scalding hot wax directly into the face of a threatening intruder to your home / business premises would come under the definition of "reasonable force"

    :confused:


Comments

  • Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    I've no idea of the legality of it. But it doesn't sound like reasonable force to me.
    Are you talking about having this on standby in case an intruder comes in? If that's the case, you are likely to be in a heap of bother.

    PS I'd love to do it myself if someone broke in to my house


  • Registered Users Posts: 3,695 ✭✭✭Corvo


    You are going to keep a pot of wax just boiling away..."just in case"?

    Would you not just buy a shotgun. Less upkeep.


  • Registered Users Posts: 28,403 ✭✭✭✭vicwatson


    You are going to keep a pot of wax just boiling away..."just in case"?

    Would you not just buy a shotgun. Less upkeep.


    OP didn't say that they had a pot of hot wax on standby

    OP - Reasonable force?? Well if you were in fear of your life then yes it's reasonable force, you have a right to defend yourself when you are in fear of your personal safety.


  • Registered Users Posts: 33,709 ✭✭✭✭Cantona's Collars


    After being waxed,would they be called a "Smooth Criminal"?



    Seriously,if I caught anyone on my property,the term "reasonable force" would have to be used very loosely.


  • Registered Users Posts: 1,390 ✭✭✭FRIENDO


    any idea if throwing a saucepan full of scalding hot wax directly into the face of a threatening intruder to your home / business premises would come under the definition of "reasonable force"

    :confused:

    No, I dont think it would be reasonable, unless you had sufficent cause.

    http://www.irishstatutebook.ie/1997/en/act/pub/0026/sec0018.html

    I would imagine it would depend on the level of threat, Example; if you feared for your life and the intruder said they are going to Rape/kill you and made advances toward you and the intruder was very capable of commiting this act, it will still be down to the judge or jury on the day.


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  • Closed Accounts Posts: 3,859 ✭✭✭bmaxi


    I'd reckon, unless you worked as a candle maker or in a beauty parlour, the Court might interpret the fact you have a pot of boiling wax to hand as premeditation.
    What the hell do you do that you have pots of boiling wax around, are you Madame Tussaud?


  • Registered Users Posts: 28,403 ✭✭✭✭vicwatson


    OP didn't say that they had a pot of hot wax on standby


  • Registered Users Posts: 2,021 ✭✭✭blindsider


    vicwatson wrote: »
    OP didn't say that they had a pot of hot wax on standby

    You're right Vic, the OP didn't say that. However, if this scenario came to court, the judge and opposing barrister etc would be asking questions.

    You would need to be able to prove that the wax was not there to be used as a weapon. There's also the whole question of 'reasonable force'. Also, "into the face of..." Not sure that would be construed as reasonable.....

    As someone else mentioned "pre-meditation" comes into play - it's a big deal.

    It may seem unfair, but when you look at other scenarios e.g. can you set a man-trap on you premises to deter burglars or trespassers? The answer is obviously no.

    It may seem a bit unfair, but it's the law.

    I was once advised that a large metal torch (security type) is worth having by the bed - a belt of a large Maglite would soften your cough!

    ("It's a torch Judge - I picked up the nearest thing to me! I was frightened by the intruder, so I acted to defend my family and myself.")


  • Moderators, Regional South East Moderators Posts: 3,584 Mod ✭✭✭✭St Senan


    Guys, Hot Chocolate tastes a lot nicer than hot Wax.

    I don't think there is any law to prevent you from melting chocolate in a saucepan to use for making a midnight chocolate cake or an anytime of the day or night chocolate cake. The same goes for a pot of stew or a saucepan full of soup.


  • Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    It would be a matter for the jury to decide if it went that far. I am assuming section 4 Non Fatal Offences Against the person Act 1997. The defence would be contained in CRIMINAL LAW (DEFENCE AND THE DWELLING) ACT 2011, section 2 http://www.irishstatutebook.ie/pdf/2011/en.act.2011.0035.PDF.

    If a person entered your home with a gun and came towards you, the only thing to hand being a pot of wax (you are making wax model as you are an artist) you throw it in general direction of attacker, I would bet if jury believe you then a not guilty verdict.

    If a 16 year skinny youth enters your house carrying nothing more intimidating than his iPhone, it may be a tad of an over reaction to throw hot wax at him.


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  • Closed Accounts Posts: 3,859 ✭✭✭bmaxi


    vicwatson wrote: »
    OP didn't say that they had a pot of hot wax on standby

    Where then, do they get this pot of hot wax to throw in the intruder's face? Do you know of a process that will instantly convert a block of wax or a miscellaneous candles into a pot of hot wax? The laws of physics dictate that wax is a solid at room temperature so it stands to reason that this pot of hot wax would have to be pre-prepared. What the Court would have to decide is, whether it is reasonable for the defendant to have such immediately to hand. There are few instances when this would be the case.


  • Registered Users Posts: 28,403 ✭✭✭✭vicwatson


    Navarre wrote: »
    Guys, Hot Chocolate tastes a lot nicer than hot Wax.

    I don't think there is any law to prevent you from melting chocolate in a saucepan to use for making a midnight chocolate cake or an anytime of the day or night chocolate cake. The same goes for a pot of stew or a saucepan full of soup.

    Or a pot of boiling water that you were just about to put an egg into to boil;)


  • Registered Users Posts: 28,403 ✭✭✭✭vicwatson


    bmaxi wrote: »
    Where then, do they get this pot of hot wax to throw in the intruder's face? Do you know of a process that will instantly convert a block of wax or a miscellaneous candles into a pot of hot wax? The laws of physics dictate that wax is a solid at room temperature so it stands to reason that this pot of hot wax would have to be pre-prepared. What the Court would have to decide is, whether it is reasonable for the defendant to have such immediately to hand. There are few instances when this would be the case.


    Maybe you could ask the OP:pac:


  • Registered Users Posts: 3,695 ✭✭✭Corvo


    vicwatson wrote: »
    Maybe you could ask the OP:pac:

    Vic, we have had it with you, you damn West Ham fan :pac:


  • Registered Users Posts: 28,403 ✭✭✭✭vicwatson


    Vic, we have had it with you, you damn West Ham fan :pac:


    And your point is.....?


  • Closed Accounts Posts: 3,859 ✭✭✭bmaxi


    vicwatson wrote: »
    Maybe you could ask the OP:pac:

    I already did.


  • Registered Users Posts: 1,046 ✭✭✭enniscorthy


    Hi all thanks for all the feedback will let you know how i get on regards brian


  • Registered Users Posts: 96 ✭✭Awake&Unafraid


    So...you're gonna go ahead and throw hot wax on them? Jaysus.


  • Closed Accounts Posts: 4,754 ✭✭✭oldyouth


    Sounds like the possible scenario has already happened


  • Registered Users Posts: 71,799 ✭✭✭✭Ted_YNWA


    Hot wax is a bit extreme.

    Few slaps of a baseball bat, fcuk him down the stairs, throw a TV down as well.

    Claim he tried to rob TV, you startled him & he fell down the stairs.





    Haven't put much thought into this .... honest


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  • Registered Users Posts: 800 ✭✭✭a fat guy


    Jaysus lads, you've put the fear in me...

    Never again will I head to bed without a pot of boiling wax! :v


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