murder and involuntary manslaughter - Law Reform Commission

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____________________________________________DRAFT HOMICIDE BILL 2008____________________________________________ARRANGEMENT OF SECTIONSSection1. Short title and commencement2. Murder3. Unlawful and dangerous act manslaughter4. Gross negligence manslaughter5. Assault causing death6. Careless driving causing death7. Repeal122
Criminal Justice Act 1964Road Traffic Act 1961ACTS REFERRED TO1964, No.51961, No.24123
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ReportHomicide: murderand involunta
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Law Reform CommissionTHE LAW REFORM
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Law Reform CommissionLaw Reform Res
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Law Reform CommissionContact Detail
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viii
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CHAPTER 5F Issues relating to gross
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TABLE OF CASESAndrews v DPP [1937]
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INTRODUCTION1. This Report forms pa
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8. The Commission still holds most
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1CHAPTER 1THE MURDER/MANSLAUGHTERDI
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1.07 Fourth, if there were a single
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(b)Arguments favouring abolition of
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1.20 Professor Ivana Bacik also sup
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Bingham of Cornhill observed in a l
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“there can be nothing offensive i
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then Minister for Justice, Nora Owe
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degrees of seriousness in manslaugh
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against the decision, nor has the A
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people whom they represented than w
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2CHAPTER 2MURDER: THE CURRENT LAW A
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unsatisfactory. Murder is the most
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“To intend to murder, or to cause
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ecklessness involves foresight of t
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Court referred to the 41 st edition
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However, as the Court of Appeal sta
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2.40 In Hyam v DPP 45 the accused p
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2.48 Foresight must be of such a le
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DIssues relating to murder(1) Are t
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“the presence or absence of inten
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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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Page 91 and 92: 4CHAPTER 4INVOLUNTARY MANSLAUGHTER:
Page 93 and 94: 4.05 The Commission discussed the p
Page 95 and 96: CUnlawful and dangerous act manslau
Page 97 and 98: 4.20 Those who focus on the moral i
Page 99 and 100: sixth 31 in order of gravity. Respo
Page 101 and 102: 4.31 According to Hart, the adverb
Page 103 and 104: 4.39 In The People (DPP) v Barden 4
Page 105 and 106: isk, he ought to have exercised the
Page 107 and 108: 4.53 The offence is committed where
Page 109 and 110: 4.59 The Commission sought submissi
Page 111 and 112: 5CHAPTER 5INVOLUNTARY MANSLAUGHTER:
Page 113 and 114: lesser crime and receive a softer p
Page 115 and 116: 5.12 In cases where the accused pun
Page 117 and 118: in circumstances where it is accept
Page 119 and 120: of “common knowledge” and life-
Page 121 and 122: 5.40 The Commission does, however,
Page 123 and 124: Kennedy, 35 R v Dias 36 and R v Rog
Page 125 and 126: “negligent homicide” may be a f
Page 127 and 128: negligence so as to produce a fluct
Page 129 and 130: stole a vehicle and a high speed po
Page 131 and 132: (b)(i)The relevance of death in car
Page 133 and 134: 6CHAPTER 6SUMMARY OF RECOMMENDATION
Page 135: • that the negligence was of a ve
Page 140 and 141: ___________________________________
Page 142 and 143: Unlawful and dangerous act manslaug
Page 144 and 145: www.lawreform.ie
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