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Understanding part of s4 CJA 1964

  • 17-01-2011 1:09pm
    #1
    Dylan123
    Registered Users, Registered Users 2 Posts: 244 ✭✭


    I am trying to understand the the definition of s4 of the CJA 1964.

    4.—(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.

    Why does is state at the end: Whether the person killed or not! Its murder for beep sake..


Comments

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


    Its to state that murder requires specific intent, even in a case of transferred malice.


  • #3
    crystalmice
    Registered Users, Registered Users 2 Posts: 190 ✭✭crystalmice


    Dylan123 wrote: »
    the accused person intended to kill, or cause serious injury to, some person, whether the person actually killed or not. QUOTE]

    I assume you are confused because your reading this as saying the person doesnt need to die for it to be murder, but what it actually means is if someone intended to seriously injure or kill one person, but accidentially killed the wrong person, that still counts as murder; as gabhain said its 'transferred malice', where your intention was not actually directed at the person you ended up killing you might still be guilty of murder provided you had intended to kill/seriously injure someone.


  • #4
    Dylan123
    Registered Users, Registered Users 2 Posts: 244 ✭✭Dylan123


    That makes sense now - thanks for explaining it.


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