Garda shot dead during robbery at Louth Credit Union(Mod warning, 1st post.)

This might help clear up a few matters...

For the record:

According to the Criminal justice Act 1990 where a person (other than a child or young person) is convicted of (a) the murder of a Garda acting in the course of their duty ; or (b) a prison officer acting in the course of their duty; or (c) murder done while committing certain offences created by the Offences Against The State Act 1939; or (d) murder committed within the state for political motive, of a head of a foreign state or of a member of government, or of a diplomatic officer of, a foreign state, the court shall in passing sentence specify as a minimum period of imprisonment to be served by that person a period of not less than forty years.

The Means Rea required for Statutory Murder was laid down by The People (DDP) v Murray (1977) where fleeing bank robbers, who shot a plain clothes police officer, had their convictions for capital murder quashed by the Supreme Court which held that there must be an intention to kill a police officer, or recklessness, which means an advertence to the possibility that the person to be killed is a police officer and then the taking of that risk.

Page 146 - Principles Of Irish Law. Brian Doolan.

tayto lover wrote: »

Adrian spent his life giving his best to his job as a Garda. He had absolutely no enemies. I knew him through sport.
He was a great family man and always rushed home from work when he could to be in time for their bedtime, to kiss his lovely kids goodnight. He was a great community man, training young kids in the art of Gaelic football and generally teaching them to be fair and to respect each other. He went to bed early and got up early. He worked hard. He drank only an odd time and in moderation and he had a good sense of humour. A good lad.
He didn't lie in bed all day, scrounge and steal. He had a good work ethic, always fair.

Adrian was everything the people who murdered him were not.

For historic record, I think you should post that in the condolences section also (here).
Thanks, great piece of writing.

matt-dublin wrote: »

If I'm reading this correctly, the gang could receive the death penalty for murdering the gard?

http://www.irishstatutebook.ie/1964/en/act/pub/0005/print.html#sec1

After the June 1989 general election, Fianna Fáil formed a coalition with the PDs; their agreed programme for government included abolishing the death penalty.
It was abolished thereafter for all offences by the Criminal Justice Act 1990.

This was done also to comply with European law - Ireland's 1989 ratification of the International Covenant on Civil and Political Rights.