Punishment for murder of member of DF

davetherave

This thread in after hours about a member of AGS being , in my view, murdered in the line of duty got my curious mode working.

All of this is based around the Criminal Justice Act 1990, not sure if this has been updated or amended since.

Section 3
Special provision in relation to certain murders and attempts.

(a) murder of a member of the Garda Síochána acting in the course of his duty,

(b) murder of a prison officer acting in the course of his duty,

(c) murder done in the course or furtherance of an offence under section 6 , 7 , 8 or 9 of the Offences against the State Act, 1939 , or in the course or furtherance of the activities of an unlawful organisation within the meaning of section 18 (other than paragraph (f)) of that Act, and

(d) 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 State,

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Minimum period of imprisonment for treason and murder, and attempts, to which section 3 applies.

4.—Where a person (other than a child or young person) is convicted of treason or of a murder or attempt to commit a murder to which section 3 applies, the court—

(a) in the case of treason or murder, shall in passing sentence specify as the minimum period of imprisonment to be served by that person a period of not less than forty years.



The only article relating to anything militaryish is section 9 of the OatSA. (Interference with military or other employees of the State.)

It would appear that if a CIT gets hit up, or there is an attempt to storm a barracks and a soldier is shot dead it is only murder, not capital murder in the eyes of the state?

Sentence for treason and murder.
2.—A person convicted of treason or murder shall be sentenced to imprisonment for life.

A life sentence can get a parole hearing after twelve years.


Is my understanding of this right?
Maybe the legal discussion forum would have been a better place for this :pac:


Too long; didn't read version:
Murder AGS, PO or Foreign Diplomat = Capital Murder = 40 jail term with no chance of parole
Murder DF = Murder = "Life" sentence <---????

Manic Moran

(d) murder, committed within the State for a political motive

That could cover soldiers in many cases, although admittedly not for a CIT raid.

in the case of treason

Taking arms against the legitimate armed force of the State may count here too, though it's likely a stretch of the definition. May be defined elsewhere in statute.

Maybe the legal discussion forum would have been a better place for this

Probably.

NTM

SIRREX

This matter was raised by PDFORRA a couple of years ago when they requested that the DF be added to the list of people, the murder of whom, would lead to a Capital Murder conviction