Homicide Flashcards
Murder and manslaughter
Murder legislation
MURDER -
S4(1) where person kills another unlawfully… shall not be murder unless the person intended to kill or cause serious injury to some person whether that person is actually killed or somebody else.
S4(2) AC is presumed to have intended the natural and probable consequences of his conduct – presumption may be reputed – (Presumption of Intention)
Murder punishment
Mandatory Life imprisonment – S2 Criminal Justice Act 1990. Capital Murder: 40 years imprisonment - S3 1990 Act.
- This mandatory sentencing was challenged unsuccessfully in Lynch & Whelan v the Minister or Justice [2010] IESC 34 – where it was argued the mandatory life sentence was repugnant to the Constitution and incompatible with the ECHR. This was rejected.
DPP v Eadon
Mens Rea
What AC intended is to be inferred from what others see and hear.
R v Cunningham
Mens Rea
D repeatedly struck victim with chair and died – HELD: intention to cause serious harm sufficient for murder
DPP v Benko
Mens Rea
attempted murder of wife, hit her 3 times with hammer while she was sleeping. ‘Context is everything. The actions of the accused person fall to be construed by juries in light of all the circumstances. We use this kind of reasoning every day of the week in our ordinary lives and it is merely formalised for the purpose of a criminal trial.’
AG v Dwyer
Voluntary Manslaughter - Self-Defence
self-defence and used more force than was necessary but no more than he honestly believed was necessary (accused stabbed and killed someone after that person had hit him over head with object)
R v Holzer
Involuntary manslaughter - Assault MS
AC punched victim, splitting his lib – he fell backwards hit his head and died.
HELD: Since harm intended was merely trivial, could not be convicted of manslaughter.
- The De minimis principle applies – injury intended must not be merely trivial or negligible
R v Hayward
Involuntary Manslaughter - Assault MS
‘no violence need to be visited upon the victim’ – chased wife who died – thyroid condition that made her susceptible to physical exertion and fear
Mahon (2019)
Involuntary Manslaughter - Assault MS
The appellant had been charged with murder but convicted of
the lesser offence of manslaughter – situation was one in which he had produced a knife in the course of an altercation with the victim.
R v Larkin
Involuntary Manslaughter - Criminal Act MS
AC waived razor to frighten mistress lover – she fell and died from it HELD: waiving razor was an unlawful and dangerous act
R v Scarlett
Involuntary Manslaughter - Criminal Act MS
defendant landlord of public house – victim wouldn’t leave – d escorted him out where he fell and died – conviction quashed as there was no criminal or unlawful act, the degree of force used was not ‘more than what was called for.’
R v Cato
Involuntary Manslaughter - Criminal Act MS
D injected heroin into deceased who died – administering substance is criminal, consent does not absolve liability
DPP v Kierans
Involuntary Manslaughter - Criminal Negligence MS
man who had a sawn off shot gun – intended to use it to threaten wife he would kill himself if she didn’t believe he wasn’t having an extra-marital affair – ended up killing the wife ‘accidentally’ – he was convicted of manslaughter by gross negligence
AG v Dunleavy
Involuntary Manslaughter - Criminal Negligence MS
D drove unlit car on wrong side of road and killed cyclist – cyclist also
negligent.
HELD: Davitt P – ‘must be satisfied the fatal negligence was of a very high degree and was such as to involve in a high degree, the risk or likelihood of substantial personal injury to others.’
DPP v Cullagh
Involuntary Manslaughter - Criminal Negligence MS
fairground – chairoplane – victim killed – HELD: Murphy J ‘ has to be gross negligence and not the ordinary standard of civil negligence – negligence required is a matter of degree considering all the circumstances
