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Murder & Manslaughter.

  • 17-10-2014 2:48pm
    #1
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭


    Q1.

    If D is charged and tried with murder is manslaughter wrapped up in that charge ?

    In other words, if there is not enough evidence to convict on murder but there is enough to convict on manslaughter can D be convicted of manslaughter ? Assume D is pleading not guilty to any charge.

    Q2.

    Is manslaughter triable either way i.e. Circuit Court or Central Criminal Court ?


Comments

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


    Homicide offences in Ireland are partially codified under the Criminal Justice Act, 1964. Section 4 of which defines malice and if a charge is brought pursuant to that section and the presumption is rebutted per subsection 2, then manslaughter flows. Usually, manslaughter applies when the requisite mens rea/mental state for intention is absent or recklessness applies.

    Manslaughter arises under the Offences Against the Person Act, 1861.

    The High Court exercising its full original jurisdiction, sitting while hearing certain criminal matters is known as the Central Criminal Court.

    The crimes dealt with there include: Murder,
    Manslaughter, Rape, Treason, certain archane explosives offences, etc. that is a non-exhaustive list.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    NUTLEY BOY wrote: »
    if there is not enough evidence to convict on murder but there is enough to convict on manslaughter can D be convicted of manslaughter ?

    Yes, the jury is normally given this option by the presiding judge.
    NUTLEY BOY wrote: »
    Is manslaughter triable either way i.e. Circuit Court or Central Criminal Court?

    Yes. The cases that are heard in the CC are where the primary charge is manslaughter i.e. the DPP doesn't lay a charge of murder.

    But a lot of manslaughter cases end up being dealt with by the CCC because the original charge is murder but the accused either pleads guilty to manslaughter and this is accepted by the DPP or the DPP goes ahead with a trial for murder (with or without a plea of manslaughter) and the jury brings in a verdict of 'not guilty of murder but guilty of manslaughter'.


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