murder and involuntary manslaughter - Law Reform Commission

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Law Reform CommissionLaw Reform Research StaffDirector of Research:Raymond Byrne BCL, LLM (NUI),Barrister-at-LawLegal Researchers:Áine Clancy BCL, LLM (NUI)Kate Dineen LLB, LLM (Cantab)Philip Flaherty BCL, LLM (NUI), Diop sa Gh (NUI)Eleanor Leane LLB, LLM (NUI)Margaret Maguire LLB, LLM (NUI)Richard McNamara BCL, LLM (NUI)Jane Mulcahy BCL (Law and German), LLM (NUI)Gemma Ní Chaoimh BCL, LLM (NUI)Verona Ní Dhrisceoil BCL (Dlí agus Gaeilge), LLM (NUI)Jane O’Grady BCL, LLB (NUI), LPC (College of Law)Charles O’ Mahony BA, LLB (NUI), LLM (Lond), LLM (NUI)Nicola White LLB, LLM (Dub) Attorney-at-Law (NY)Joanne Williams LLB, LLM (NUI), Barrister-at-LawStatute Law RestatementProject Manager for Restatement:Alma Clissmann, BA (Mod), LLB, Dip Eur Law (Bruges), SolicitorLegal Researchers:John P. Byrne BCL, LLM (NUI), Barrister-at-LawJohn Kenny LLB, LLM (Cape Town), Barrister-at-LawEimear Long LLB, Barrister-at-LawLegislation DirectoryProject Manager for Legislation Directory:Deirdre Ahern LLB, LLM (Cantab), Dip E-Commerce(Law Society), SolicitorLegal Researchers:Eóin McManus BA, LLB (NUI), LLM (Lond)Tina O’ Reilly BCL (Law and German), LLM (NUI)iv
Homicide: murder and involuntary manslaughterAdministration StaffSecretary/Head of Administration:John QuirkeHigher Executive Officer:Alan HeadeExecutive Officers:Emma KennyDarina MoranPeter TrainorLegal Information Manager:Conor Kennedy BA, H Dip LISCataloguer:Eithne Boland BA (Hons), HDip Ed, HDip LISClerical Officers:Ann BrowneAnn ByrneLiam DarganSabrina KellyPrincipal Legal Researcher for this ReportJane Mulcahy BCL (Law and German), LLM (NUI)
Page 1: ReportHomicide: murderand involunta
Page 4 and 5: Law Reform CommissionTHE LAW REFORM
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 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
Page 63 and 64:
• A defendant who intentionally i
Page 65:
2.74 On the other hand, defining th
Page 68 and 69:
unjustifiable risk that the materia
Page 70 and 71:
• 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
Page 82 and 83:
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:
Page 93 and 94:
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
Page 101 and 102:
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
Page 115 and 116:
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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www.lawreform.ie
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