murder and involuntary manslaughter - Law Reform Commission

More documents

Recommendations

Info

Law Reform CommissionContact DetailsFurther information can be obtained from:Secretary/Head of AdministrationLaw Reform Commission35-39 Shelbourne RoadBallsbridgeDublin 4Telephone:+353 1 637 7600Fax:+353 1 637 7601Email:info@lawreform.ieWebsite:www.lawreform.ievi
Homicide: murder and involuntary manslaughterACKNOWLEDGEMENTSThe Commission would like to thank the following people who providedvaluable assistance:Senator Ivana Bacik, Reid Professor TCDThe Hon Mr Justice Robert Barr, Former Judge of the High CourtThe Hon Mr Justice Declan Budd, Judge of the High CourtMr Conal Boyce, Solicitor, Boyce, Burns & CoMr Noel Brett, CEO Road Safety AuthorityMr Tom Cahill, Bar Council, Barrister-at-LawMs Collette Carey, Criminal Law Committee, Law Society of IrelandThe Hon Mr Justice Paul Carney, Judge of the High CourtThe Hon Mr Justice Peter Charleton, Judge of the High CourtMs Siobhán Dunne,Mr Peter W Ferguson, Advocate, ScotlandMr Maurice Gaffney SCThe Hon Mr Justice Hugh Geoghegan, Judge of the Supreme CourtThe late Mr Brendan Grogan SCMr James Hamilton, Director of Public ProsecutionsDr John Harbison, former State PathologistThe Hon Mr Justice John Hedigan, Judge of the High CourtMr Brendan McArdle, formerly Detective Sergeant of an Garda SíochánaHis Honour Judge Pat McCartan, Judge of the Circuit CourtProfessor Paul McCutcheon, Head of School of Law ULMr Paul Anthony McDermott, Barrister-at-LawMr Patrick McEntee SCThe Hon Mr Justice Aindreas Ó Caoimh, Court of Justice of theEuropean CommunitiesThe Hon Mr Justice Kevin O’Higgins, Judge of the High CourtMr Caoimhín O’hUiginn, formerly Assistant Secretary at the Departmentof Justice, Equality and Law ReformMr Simon P O’Leary, Former Law Reform CommissionerMr Paul O’Connor, School of Law UCDMr Stephen Pye, Office of Parliamentary CounselMr Dara Robinson, Criminal Law Committee Chairman, Law Society of IrelandDr John Stannard, Senior Lecturer in Law, Queen’s University BelfastMr Kieron Wood, Barrister-at-LawProfessor Stanley Yeo, National University of SingaporeHowever, full responsibility for this publication lies with the Commission.vii
Page 1: ReportHomicide: murderand involunta
Page 4 and 5: Law Reform CommissionTHE LAW REFORM
Page 6 and 7: Law Reform CommissionLaw Reform Res
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
Page 72 and 73:
3.15 The Commission provisionally f
Page 74 and 75:
(e)• Manslaughter or Negligent Ki
Page 76 and 77:
3.30 Some consultees who believed t
Page 78 and 79:
where (a) the offender killed with
Page 80 and 81:
3.44 The Commission still believes
Page 82 and 83:
injury to a person which is “suff
Page 84 and 85:
3.58 An academic commentator agreed
Page 86 and 87:
3.66 In paragraph 5.53 the Commissi
Page 88 and 89:
describe the risk. It was argued th
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 138 and 139:
___________________________________
Page 140 and 141:
___________________________________
Page 142 and 143:
Unlawful and dangerous act manslaug
Page 144 and 145:
www.lawreform.ie
show all

murder and involuntary manslaughter - Law Reform Commission

Create successful ePaper yourself

Delete template?

Save as template?