murder and involuntary manslaughter - Law Reform Commission

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CHAPTER 5F Issues relating to gross negligence manslaughter(1) Should the capacity of the accused to advert to88the risk or meet the expected standard be a relevantconsideration in gross negligencemanslaughter cases?(2) Should the risk be raised to one of “death”88or “death or serious injury” in the gross negligencemanslaughter test?(3) Should gross negligence manslaughter be89abolished and replaced by a lesser homicide categorysuch as negligent homicide? 92G Motor manslaughter and the related drivingoffences: the current law 93INVOLUNTARY MANSLAUGHTER: OPTIONS FORREFORM 95A Introduction 95B Unlawful and dangerous act manslaughter 95(1) Low levels of deliberate violence whichunforeseeably cause death 96(2) Manslaughter by drug injection 106C Gross Negligence Manslaughter 108D Motor manslaughter and the related driving offences 112CHAPTER 6 SUMMARY OF RECOMMENDATIONS 117APPENDIX DRAFT HOMICIDE BILL 2008 121x
TABLE OF LEGISLATIONCanadian Criminal Code 1985 1985, c. C-46 CanChildren Act 2001 2001, No. 24 IrlCorporate Manslaughter and Corporate Homicide Act 2007 2007, c. 19 EngCriminal Justice (Temporary Release of Prisoners) Act 2003 2003, No. 34 IrlCriminal Justice Act 1951 1951, No. 2 IrlCriminal Justice Act 1964 1964, No. 5 IrlCriminal Justice Act 1990 1990, No. 16 IrlCriminal Justice Act 2003 2003, c. 44 EngCriminal Justice Act 2006 2006, No. 26 IrlCriminal Law (Insanity) Act 2006 2006, No. 11 IrlEuropean Convention on Human Rights Act 2003 2003, No. 20 IrlHomicide Act 19571957, 5 & 6 Eliz.II c. 11Indian Penal Code Act 1860 1860, No. 45 IndiaMaritime Safety Act 2005 2005, No. 11 IrlMerchant Shipping Act 1981 1981, No. 33 IrlModel Penal Code 1985Non-Fatal Offences Against the Person Act 1997 1997, No. 26 IrlOffences Against the Person Act 1861 1861, 24 & 25Vict. c. 100Safety, Health and Welfare at Work Act 1989 1989, No. 7 IrlThe Criminal Code Act 1902 (WA) 1902, 1 and 2Edw. VII No. 14EngUSAEngAusxi
Page 1: ReportHomicide: murderand involunta
Page 4 and 5: Law Reform CommissionTHE LAW REFORM
Page 6 and 7: Law Reform CommissionLaw Reform Res
Page 8 and 9: Law Reform CommissionContact Detail
Page 10 and 11: viii
Page 15 and 16: TABLE OF CASESAndrews v DPP [1937]
Page 17 and 18: INTRODUCTION1. This Report forms pa
Page 19 and 20: 8. The Commission still holds most
Page 21 and 22: 1CHAPTER 1THE MURDER/MANSLAUGHTERDI
Page 23 and 24: 1.07 Fourth, if there were a single
Page 25 and 26: (b)Arguments favouring abolition of
Page 27 and 28: 1.20 Professor Ivana Bacik also sup
Page 29 and 30: Bingham of Cornhill observed in a l
Page 31 and 32: “there can be nothing offensive i
Page 33 and 34: then Minister for Justice, Nora Owe
Page 35 and 36: degrees of seriousness in manslaugh
Page 37 and 38: against the decision, nor has the A
Page 39 and 40: people whom they represented than w
Page 41 and 42: 2CHAPTER 2MURDER: THE CURRENT LAW A
Page 43 and 44: unsatisfactory. Murder is the most
Page 45 and 46: “To intend to murder, or to cause
Page 47 and 48: ecklessness involves foresight of t
Page 49 and 50: Court referred to the 41 st edition
Page 51 and 52: However, as the Court of Appeal sta
Page 53 and 54: 2.40 In Hyam v DPP 45 the accused p
Page 55 and 56: 2.48 Foresight must be of such a le
Page 57 and 58: DIssues relating to murder(1) Are t
Page 59 and 60: “the presence or absence of inten
Page 61 and 62: 2.63 A number of reform bodies have
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• A defendant who intentionally i
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2.74 On the other hand, defining th
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unjustifiable risk that the materia
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• In South Africa, under the conc
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3.15 The Commission provisionally f
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(e)• Manslaughter or Negligent Ki
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3.30 Some consultees who believed t
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where (a) the offender killed with
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3.44 The Commission still believes
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injury to a person which is “suff
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3.58 An academic commentator agreed
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3.66 In paragraph 5.53 the Commissi
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describe the risk. It was argued th
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4CHAPTER 4INVOLUNTARY MANSLAUGHTER:
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4.05 The Commission discussed the p
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CUnlawful and dangerous act manslau
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4.20 Those who focus on the moral i
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sixth 31 in order of gravity. Respo
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4.31 According to Hart, the adverb
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4.39 In The People (DPP) v Barden 4
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isk, he ought to have exercised the
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4.53 The offence is committed where
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4.59 The Commission sought submissi
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5CHAPTER 5INVOLUNTARY MANSLAUGHTER:
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lesser crime and receive a softer p
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5.12 In cases where the accused pun
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in circumstances where it is accept
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of “common knowledge” and life-
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5.40 The Commission does, however,
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Kennedy, 35 R v Dias 36 and R v Rog
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“negligent homicide” may be a f
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negligence so as to produce a fluct
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stole a vehicle and a high speed po
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(b)(i)The relevance of death in car
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6CHAPTER 6SUMMARY OF RECOMMENDATION
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• that the negligence was of a ve
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Unlawful and dangerous act manslaug
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