murder and involuntary manslaughter - Law Reform Commission

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R v Seymour [1983] 2 AC 493 EngR v Simmonds [1999] 2 Cr App R 18 EngR v Smith [1960] 2 All ER 450 EngR v Stone and Dobinson [1977] QB 354 EngR v Woollin [1998] 4 All ER 103 EngState v Dow [1985] (New Hampshire) 489 A2d 650 USAThe People (AG) v Crosbie andMeehan[1966] IR 490 IrlThe People (AG) v Dunleavy [1948] IR 95 IrlThe People (AG) v Dwyer [1972] IR 416 IrlThe People (DPP) v Bambrick [1996] 1 IR 265 IrlThe People (DPP) v Cullagh ITLR 31 May 1999 IrlThe People (DPP) v DillonThe People (DPP) v Douglas andHayesCourt of Criminal Appeal 17 December2003[1985] ILRM 25 IrlThe People (DPP) v Kirwan [2005] IECCA 136 IrlThe People (DPP) v Nally [2006] IECCA 128 IrlThe People (DPP) v O’Donoghue [2006] IECCA 134 IrlThe People (DPP) v RoseberryConstruction Ltd[2003] 4 IR 338 IrlThe People v Conroy (No 2) [1989] IR 160 IrlThe Queen v Crabbe [1985] 156 CLR 464 AusVisra Singh v State of Punjab AIR [1958] SC 465 IndiaWhelan v MJELR [2007] IEHC 374 IrlWilson v R (1992) 107 ALR 257 AusIrlxiv
INTRODUCTION1. This Report forms part of the Commission’s Third Programme ofLaw Reform 2008-2014 1 and brings together the material from twoConsultation Papers. The Report will complement the Commission’s relatedwork on defences in the criminal law. 22. In March 2001, the Commission published its Consultation Paperon Homicide: The Mental Element in Murder. 3 The Commission receivednumerous submissions on the Consultation Paper and held a Seminar onMurder at the Department of the Taoiseach on 11 July 2001.3. In March 2007, the Commission published its Consultation Paperon Involuntary Manslaughter. 4 The Commission received manysubmissions on this Consultation Paper and held a Seminar on InvoluntaryManslaughter at the Commission’s offices on 6 November 2007.4. The Consultation Paper on Homicide: The Mental Element inMurder examined the current law of murder in Ireland. It also set out the legalposition on the mental element in murder in England, Canada, Australia, Indiaand Scotland. It questioned whether there are morally culpable killingscurrently outside the definition of murder which ought to be punished asmurder and whether an intention to cause serious injury should continue toform the mens rea for murder. The Commission stated that the label of murdershould cover the most heinous killings and provisionally recommended that thecurrent definition of murder should be expanded to include the Model Penal1234See Law Reform Commission Third Programme of Law Reform 2008-2014 (LRC 86-2007). Item 17 of the Third Programme commits the Commission to examine the lawof homicide. This item involves the completion of work on this area which theCommission began under its Second Programme of Law Reform 2000-2007.Item 18 of the Third Programme commits the Commission to examine the defences ofprovocation, duress and necessity and legitimate defence. The Commission haspublished Consultation Papers on each of these areas: Consultation Paper onHomicide: The Plea of Provocation (LRC CP 27-2003), Consultation Paper onDuress and Necessity (LRC CP 39-2006) and Consultation Paper on LegitimateDefence (LRC CP 41-2006). The Commission is currently preparing a Report onthese defences.(LRC CP 17-2001).(LRC CP 44-4007).1
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 12 and 13: CHAPTER 5F Issues relating to gross
Page 15: TABLE OF CASESAndrews v DPP [1937]
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
Page 63 and 64: • A defendant who intentionally i
Page 65: 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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