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Manslaughter-statutory provision

  • 11-05-2009 7:02pm
    #1
    golum
    Closed Accounts Posts: 70 ✭✭


    Just wondering if anybody could clarify this- is manslaughter governed by statute or is it an offence under common law only?

    I mean in the context of a person being charged specifically with manslaughter and not murder


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Do a forum search, the answer is on here. It's defined by very old statute.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Actually manslaughter is one of the few common law crimes left.


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The statute I was thinking of is Section 5, OAPA 1861 - From which it stems, I am not disagreeing with the Common Law status as is.


  • #5
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    5.- Whosoever shall be convicted of manslaughter shall be liable, at the discretion of the court, to be kept in penal servitude for life

    It prescribes the punishment for the crime but does not create it, it was and is a common law crime with the punishment set by statute.


This discussion has been closed.
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