Assaults Cork

There are three main categories of assaults provided for in the Non Fatal Offences against the Person Act 1997. They differ in terms of seriousness. Section 2 assault which is considered a minor assault and is dealt with in the District Court. This offence carries a maximum sentence of six months imprisonment. 

Section 3 of the Act, is an assault causing harm, and can be tried in either the District Court, which carries a maximum sentence of twelve months imprisonment or in the Circuit Court (depending on the serious of the injuries involved) which carries a maximum sentence of five years imprisonment.

Section 4 assault causing serious harm offence which can only be tried on Indictment in the Circuit Court and carries a maximum sentence of life imprisonment. The Court of Appeal has set out sentencing guidelines for section 4 assaults in DPP v Mark O’Sullivan
There are several potential defences to an assault charge.  

Perhaps the most frequently argued by an accused is that he was acting in self defence. There is much caselaw on the subject. The defence may only be argued successfully when the amount of force used in self defence was reasonable. 

What is reasonable will depend on several factors and will vary from case to case depending on the particular circumstances that existed at the time.