Homicide Flashcards
What are the five types of homicide?
- Capital murder-
- Murder
- Attempted murder
- Manslaughter-
- Infanticide
Definition of murder
1) Where a person kills another unlawfully the killing shall not be murder unless the accused person intended to kill, or cause serious injury to, some person, whether the person actually killed or not.
(2) The accused person shall be presumed to have intended the natural and probable consequences of his conduct; but this presumption may be rebutted.
Who is responsible for proving the mens rea element of murder has not been rebutted at trial? What happens if the trial judge fails to properly instruct the jury in this regard?
The prosecution is responsible at all times for proving the presumption of murder mens rea has not been rebutted.
Failure to properly address this in jury charge will very likely lead to mistrial.
What is the sentence for murder?
Life in prison.
From 2010 to 2013, murder convicts served an average term of 19.5 years–up several years from previous survey period.
The Law Reform Commission has changed from recommending this be abolished in 2008 to saying it should be kept in 2013.
What is the definition for attempted murder?
There must be an intention to kill.
This is defined by common law and not statute.
Attempted offences are “inchoate”
What other verdict is always an option when someone is charged with murder?
Manslaughter
What is the definition of involuntary manslaughter?
An accidental killing brought about by gross negligence or an unlawful and dangerous act
What is voluntary manslaughter?
Where a murder conviction is reduced to manslaughter because of a mitigating circumstance, ie a partial defence of provocation, excessive self-defence or diminished responsibility is successfully made out.
What are the three subcategories of involuntary manslaughter?
(i) Vehicular manslaughter
(ii) Gross negligence manslaughter
(iii) Unlawful and dangerous act manslaughter
What is the definition of unlawful and dangerous act manslaughter?
Liability is constructed from the unlawful and dangerous act that caused death.
Also known as constructive manslaughter.
Must be dangerous, deliberate, and unlawful.
What is the punishment for unlawful and dangerous act manslaughter?
Up to life in prision. Sentencing will consider factors like brutality of act in sentencing.
What are two ways to reform unlawful and dangerous act manslaughter?
- Place the existing offence on a statutory footing
- Introduce a subjective mens rea element
Capital murder definition
Current law: Section 3 of the Criminal Justice Act 1990
Murder of a Garda or Prison Officer in the course of their duty
Murder, committed within the State for a political motive, of the head of a foreign State or of a member of the government of, or a diplomatic officer of, a foreign
StateMurders committed while usurping or obstructing the Government, obstructing the President or interfering with the military or other employees of the State
Mens rea element is either that the person knew someone was a Garda/member of government or was reckless as to whether or not they were
What is the sentence for capital murder?
Minimum 40 years in prision
20 years for attempted capital murder
People charged with capital murder can instead be convicted of murder or manslaughter if deemed appropriate.
Definition of infanticide
- Where a woman “by any wilful act or omission causes the death of her child, being a child under the age of twelve months” and- But for section 3, the crime would be murder, and
- “At the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of a mental disorder (within the meaning of the Criminal Law (Insanity) Act 2006)”
