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what is a threat

  • 25-07-2013 9:01pm
    #1
    alyssum
    Registered Users Posts: 349 ✭✭


    If someone makes a threat to another what determines if it is a criminal offence. Is it if the person who made it meant it as a threat or if the recipient percieved it as such?


Comments

  • #2
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    alyssum wrote: »
    If someone makes a threat to another what determines if it is a criminal offence. Is it if the person who made it meant it as a threat or if the recipient percieved it as such?

    What type of threat?


  • #3
    alyssum
    Registered Users Posts: 349 ✭✭alyssum


    NoQuarter wrote: »
    What type of threat?
    an implied threat in an agressive way pointing finger

    is this the law re threat http://www.boards.ie/vbulletin/showpost.php?p=82920211&postcount=2


  • #4
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    alyssum wrote: »
    an implied threat in an agressive way pointing finger

    is this the law re threat http://www.boards.ie/vbulletin/showpost.php?p=82920211&postcount=2

    I mean, a threat to do what?


  • #5
    alyssum
    Registered Users Posts: 349 ✭✭alyssum


    NoQuarter wrote: »
    I mean, a threat to do what?
    well say an implied threat to do violence, to say in an aggressive way during an argument ' i will see you again' and pointing wagging finger which is percieved as a threat to do some violence at a future date by the person threatened


  • #6
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    alyssum wrote: »
    well say an implied threat to do violence, to say in an aggressive way during an argument ' i will see you again' and pointing wagging finger which is percieved as a threat to do some violence at a future date by the person threatened

    Yeah there is section 5 of the NFOAP Act which you can see here: http://www.irishstatutebook.ie/1997/en/act/pub/0026/

    s.5 covers threats of serious harm;
    5.—(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.

    s.2 covers assault and assault is defined as the "apprehension of force" which is to say that if you reasonable believe that someone is going to harm you, that can be assault. The only problem is that it would have to be a fear of immediate force, so someone saying "ill see you later" in a threatening way wouldnt do it.

    There is also s.10 which is harassment, might be worth a look.


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  • #7
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #8
    alyssum
    Registered Users Posts: 349 ✭✭alyssum


    NoQuarter wrote: »
    Yeah there is section 5 of the NFOAP Act which you can see here: http://www.irishstatutebook.ie/1997/en/act/pub/0026/

    s.5 covers threats of serious harm;



    s.2 covers assault and assault is defined as the "apprehension of force" which is to say that if you reasonable believe that someone is going to harm you, that can be assault. The only problem is that it would have to be a fear of immediate force, so someone saying "ill see you later" in a threatening way wouldnt do it.

    There is also s.10 which is harassment, might be worth a look.
    so it is perception of the person threatened. Thanks that is what I wanted to know and i note comment re immediate force


  • #9
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    alyssum wrote: »
    so it is perception of the person threatened. Thanks that is what I wanted to know and i note comment re immediate force

    Exactly. There is quite a bit of case law on what is considered immediate force and what isnt. If you can get into a library or even a book shop with a legal section and open a criminal nutshells or normal book you could have a read of those cases.


  • #10
    BornToKill
    Registered Users, Registered Users 2 Posts: 1,053 ✭✭✭BornToKill


    "I'll see you again" seems to have connotations of a time somewhere in the future, removed from the immediate situation.


  • #11
    alyssum
    Registered Users Posts: 349 ✭✭alyssum


    BornToKill wrote: »
    "I'll see you again" seems to have connotations of a time somewhere in the future, removed from the immediate situation.
    Does that mean someone can make a threat about a future time?


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  • #12
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    alyssum wrote: »
    Does that mean someone can make a threat about a future time?

    They can but it wouldnt really constitute an assault of a threat for the purposes of the sections above. If there was a threat into the future, you have an opportunity of removing yourself from the situation so to speak so there isnt the immediate fear of harm.


  • #13
    alyssum
    Registered Users Posts: 349 ✭✭alyssum


    NoQuarter wrote: »
    They can but it wouldnt really constitute an assault of a threat for the purposes of the sections above. If there was a threat into the future, you have an opportunity of removing yourself from the situation so to speak so there isnt the immediate fear of harm.
    Ok what would be the section, if any, if someone said i will hurt you next Tuesday. Thanks


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