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Self Defence laws in Ireland

  • 30-11-2019 12:04pm
    #1
    Registered Users, Registered Users 2 Posts: 3,676 ✭✭✭mondeo


    How far can we go to defend ourselves without ending up locked up ?

    Say a junkie harasses me on the street, follows me and my child around and keeps pulling me by the arm looking for money... Can I throw him one in the face to get rid of him. Can I do this and claim self defence ? I really don't know. Usually from what I have seen, the victim ends up paying out for their attacker.

    If someone breaks into my house, can I give him a good beating in order to disable his ability to attack me ? I wouldn't just stand there, I'd want to get into him before he could attack me in desperation or hurt my sleeping family. These fckers surely come prepared to be caught and wouldn't think twice about sticking a knife in your kneck if you caught them.

    Does the law side with someones natural instinct to protect themselves ?

    This whole thing seems to be very unclear and appears to be on a case by case basis to what a final verdict would be.


Comments

  • Registered Users, Registered Users 2 Posts: 43,028 ✭✭✭✭SEPT 23 1989


    If the intruder was to find themselves upstairs in one of the children’s bedrooms then you may hospitalise them


  • Closed Accounts Posts: 2,005 ✭✭✭BDI


    You won’t worry about it in the situation.

    If you feel threatened and arnt overly cruel you should be fine. No gratuitous stuff.


  • Registered Users, Registered Users 2 Posts: 3,230 ✭✭✭jaxxx


    If the intruder was to find themselves upstairs in one of the children’s bedrooms then you may hospitalise them


    And if they slip and break their back in your kitchen, then can sue you and will win. Ah isn't the law just grand and fair.


  • Registered Users, Registered Users 2 Posts: 11,404 ✭✭✭✭Collie D


    jaxxx wrote: »
    And if they slip and break their back in your kitchen, then can sue you and will win. Ah isn't the law just grand and fair.

    Has that ever happened?


  • Banned (with Prison Access) Posts: 1,128 ✭✭✭Emmersonn


    jaxxx wrote: »
    And if they slip and break their back in your kitchen, then can sue you and will win. Ah isn't the law just grand and fair.
    Drag the barstool out into a public area and leave him there. :D


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  • Posts: 0 CMod ✭✭✭✭ Alma Eager Lineman


    Collie D wrote: »
    Has that ever happened?

    i think i read about it happening in the uk before


  • Banned (with Prison Access) Posts: 1,128 ✭✭✭Emmersonn


    If the intruder was to find themselves upstairs in one of the children’s bedrooms then you may hospitalise them[/QUOTE
    Or if he was carrying a knife you could possibly be justified in fearing for your life and maybe give him a harder slap.:rolleyes:


  • Registered Users Posts: 10,633 ✭✭✭✭Widdershins


    I dont know but Id sooner ask forgiveness than worry about permission.


  • Registered Users Posts: 4,994 ✭✭✭c.p.w.g.w


    jaxxx wrote: »
    And if they slip and break their back in your kitchen, then can sue you and will win. Ah isn't the law just grand and fair.

    Pick them up and move them off your property...know someone did something similar.

    Scummer was trying to break into my mates shed, my mate confronted him, he went to get away a took a fall an dislocated his knee/hip not sure on my mates property. So the scummer gets picked up by my mate and his neighbour and turfed out onto the street. Told the guards the whole story but the fall took place after he left his premises trying to escape...Apparently the scummer was in a serious amount of pain that he could barely move...the call to the guards was a tad delayed :D


  • Registered Users Posts: 57 ✭✭AbdulAbhaile


    Collie D wrote: »
    Has that ever happened?
    A shop owner is being sued by a burglar after he injured himself while robbing a premises in Co Cavan.

    A caller named Kevin told Joe Duffy on RTE's Liveline that three men broke into his shop on November 20, 2015.

    Kevin claims that one of the burglars injured his testicles while making a getaway from the shop.

    "Three men broke into the store at the back of the shop. While they were making their getaway there happened to be someone there and they rang the police and they (burglars) were caught red-handed.

    "They had taken stuff from the store and they were ready to load it into the car and make a getaway. The guards came and they were chased back into the store and in the process one of them injured themselves. They were arrested and he was taken to hospital. He injured himself on a shelf or something. He had a cut to his scrotum. In the medical report it said he had to get stitches
    .


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  • Closed Accounts Posts: 2,779 ✭✭✭1o059k7ewrqj3n


    I think there was some regulations or laws passed with regard to defending yourself in your home, you can read about it here here.

    Out in the wilds if the public tho it’s a different case. Recently a man was sentenced for pursuing a “youth” with a hurl and attacking him after causing damage to his car outside his home. I imagine there’s a case for reasonable defence of oneself but also being very open to being sued in certain circumstances.


  • Registered Users Posts: 4,994 ✭✭✭c.p.w.g.w


    Steyr 556 wrote: »
    I think there was some regulations or laws passed with regard to defending yourself in your home, you can read about it here here.

    Out in the wilds if the public tho it’s a different case. Recently a man was sentenced for pursuing a “youth” with a hurl and attacking him after causing damage to his car outside his home. I imagine there’s a case for reasonable defence of oneself but also being very open to being sued in certain circumstances.

    If you have good neighbours they would say the car was already damaged, and never saw the attacker pursue the youth


  • Registered Users Posts: 16,500 ✭✭✭✭DEFTLEFTHAND


    Reasonable and proportional force.


  • Registered Users, Registered Users 2 Posts: 19,802 ✭✭✭✭suicide_circus


    didnt someone throw a junkie into the liffey a few years back?


  • Moderators, Category Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 24,096 CMod ✭✭✭✭Ten of Swords


    mondeo wrote: »
    If someone breaks into my house, can I give him a good beating in order to disable his ability to attack me ? I wouldn't just stand there, I'd want to get into him before he could attack me in desperation or hurt my sleeping family.

    Defence and Dwelling Act 2011

    http://www.irishstatutebook.ie/eli/2011/act/35/section/2/enacted/en/html#sec2


  • Registered Users, Registered Users 2 Posts: 19,802 ✭✭✭✭suicide_circus


    He pulls a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue.


  • Registered Users, Registered Users 2 Posts: 601 ✭✭✭Snails pace


    If your house is broken into and you and your family is under threat your allowed use reasonable force, that depends on the situation. Probably no harm to keep a hurley beside the bed perhaps. A person said to me, if you produce a gun, you better use it and only have one side to the story. Your supposed to fire a warning shot I think, but that could be the second shot.


  • Registered Users, Registered Users 2 Posts: 12,555 ✭✭✭✭Varik


    mondeo wrote: »
    How far can we go to defend ourselves without ending up locked up ?

    Say a junkie harasses me on the street, follows me and my child around and keeps pulling me by the arm looking for money... Can I throw him one in the face to get rid of him. Can I do this and claim self defence ? I really don't know. Usually from what I have seen, the victim ends up paying out for their attacker.

    If someone breaks into my house, can I give him a good beating in order to disable his ability to attack me ? I wouldn't just stand there, I'd want to get into him before he could attack me in desperation or hurt my sleeping family. These fckers surely come prepared to be caught and wouldn't think twice about sticking a knife in your kneck if you caught them.

    Does the law side with someones natural instinct to protect themselves ?

    This whole thing seems to be very unclear and appears to be on a case by case basis to what a final verdict would be.

    Inside you home you can use whatever force you believe to be reasonable. Since the 2011 act changed it to this there's been a few acquittals and a few time when charges weren't even filed.


  • Registered Users, Registered Users 2 Posts: 6,537 ✭✭✭touts


    The justice industry will try to put you in jail for hurting one of their revenue generating streams (the scumbag you hurt). But look for a jury trial. The judges and barristers may want to punish you but there isn't a jury in the land who will send you down. Everyone is sick of the criminal class getting away with abuse of society and the justice industry who protect them.


  • Registered Users, Registered Users 2 Posts: 8,412 ✭✭✭corner of hells


    If your house is broken into and you and your family is under threat your allowed use reasonable force, that depends on the situation. Probably no harm to keep a hurley beside the bed perhaps. A person said to me, if you produce a gun, you better use it and only have one side to the story. Your supposed to fire a warning shot I think, but that could be the second shot.

    I like this post ," a person said to me....."


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  • Registered Users, Registered Users 2 Posts: 601 ✭✭✭Snails pace


    I like this post ," a person said to me....."

    Well if you produce a gun you better use it instead of waving it around


  • Registered Users, Registered Users 2 Posts: 8,412 ✭✭✭corner of hells


    Well if you produce a gun you better use it instead of waving it around

    I got rid of my gun years ago.


  • Registered Users, Registered Users 2 Posts: 1,887 ✭✭✭IrishZeus


    Former Garda sergeant once told me that if someone breaks in and you have a gun - shoot him first and then put another in the ceiling. No one would ask too many questions.


  • Closed Accounts Posts: 7,275 ✭✭✭Your Face


    If I killed someone in my house in self-defence I wouldnt say anything or report it.

    They would be, however, many trips to isolated parts of the country.


  • Registered Users, Registered Users 2 Posts: 8,412 ✭✭✭corner of hells


    Your Face wrote: »
    If I killed someone in my house in self-defence I wouldnt say anything or report it.

    They would be, however, many trips to isolated parts of the country.

    If you ever need a hand ...


  • Posts: 13,688 ✭✭✭✭ Talon Substantial Textbook


    Remember, there are such things as forensics, so if you've immobilised the intruder but continue the attack, you'll be sussed out.


  • Posts: 13,688 ✭✭✭✭ Talon Substantial Textbook


    jaxxx wrote: »
    And if they slip and break their back in your kitchen, then can sue you and will win. Ah isn't the law just grand and fair.

    They can sue but highly unlikely to succeed.


  • Posts: 13,688 ✭✭✭✭ Talon Substantial Textbook


    Collie D wrote: »
    Has that ever happened?

    A shopkeeper was sued last year or year before by a burglar. Don't think anything ever came of it.


  • Registered Users Posts: 1,166 ✭✭✭Still waters


    Do what you have to do and worry about the consequences after


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  • Registered Users, Registered Users 2 Posts: 52,641 ✭✭✭✭tayto lover


    If he falls down the stairs five times would it look bad?


  • Registered Users, Registered Users 2 Posts: 15,934 ✭✭✭✭Discodog


    The best, legal, self defence device is a gas powered weed burner available in any DIY store.

    Your "legitimate" reason for having it indoors is for lighting the fire. It lights in seconds, gives a very hot flame, doesn't need close contact & it's red hot if your intruder tries to grab it.


  • Registered Users, Registered Users 2 Posts: 16,716 ✭✭✭✭Galwayguy35


    If someone breaks into a persons home to rob them then do a Nally on them.

    No mercy.


  • Registered Users, Registered Users 2 Posts: 8,412 ✭✭✭corner of hells


    Discodog wrote: »
    The best, legal, self defence device is a gas powered weed burner available in any DIY store.

    Your "legitimate" reason for having it indoors is for lighting the fire. It lights in seconds, gives a very hot flame, doesn't need close contact & it's red hot if your intruder tries to grab it.

    Best suggestion yet.


  • Registered Users, Registered Users 2 Posts: 3,194 ✭✭✭foxy farmer


    IrishZeus wrote: »
    Former Garda sergeant once told me that if someone breaks in and you have a gun - shoot him first and then put another in the ceiling. No one would ask too many questions.

    What he didn't tell you was they'd confiscate the gun and you'd be refused a firearms licence renewal. You can't use a gun for protection in this country.


  • Registered Users, Registered Users 2 Posts: 4,431 ✭✭✭Sky King


    I love all these responses from internet tough guys ITT!

    Fact is, ive sometimes heard a noise in the night or been standing in my jocks in the kitchen getting a drink wh e n one of the outside sensor lights comes on. Its scary as fu ck. You just dont know how you'd react in a break in scenario.

    To answer the OP you are legally entitled in your home to any force up to and including the use of lethal force, providing you can justify that its use was reasonable and this belief was genuine.

    So no shooting trick or treaters in the face with a shotgun or anything...


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  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    IrishZeus wrote: »
    Former Garda sergeant once told me that if someone breaks in and you have a gun - shoot him first and then put another in the ceiling. No one would ask too many questions.

    Yeah, everyone has heard that one


  • Registered Users, Registered Users 2 Posts: 6,537 ✭✭✭touts


    Discodog wrote: »
    The best, legal, self defence device is a gas powered weed burner available in any DIY store.

    Your "legitimate" reason for having it indoors is for lighting the fire. It lights in seconds, gives a very hot flame, doesn't need close contact & it's red hot if your intruder tries to grab it.

    Or join an archery club. That compound bow is just for the club and you only keep it in a box under your bed because it has to be kept flat and dry to protect the string.


  • Registered Users, Registered Users 2 Posts: 17,012 ✭✭✭✭banie01


    Reasonable and proportional force.

    Which needs to be qualified with the fact that such force can only lawfully be applied when one is in immediate peril, and stops as soon as the peril is over.


  • Registered Users, Registered Users 2 Posts: 8,412 ✭✭✭corner of hells


    touts wrote: »
    Or join an archery club. That compound bow is just for the club and you only keep it in a box under your bed because it has to be kept flat and dry to protect the string.

    I have some questions,

    If the burglar survives being hit by an arrow, can I shoot again ?

    Do I have to fire a warning arrow?

    How long to load , fire and aim ?

    Are they accurate in confined spaces ?

    What are the odds of a burglar having his own bow and arrow ?

    Regards

    COH


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