Child Mistreatment It is an offence for any person who has the custody, charge or care of a child wilfully to assault, ill-treat, neglect, abandon or expose the child, or cause or procure or allow the child to be assaulted, ill-treated, neglected, abandoned or exposed, in a manner likely to cause unnecessary suffering or injury […]
Category: Offences Against Persons
Offences v Child Procedure
The Child & Proceedings In the case of any of the offences of child mistreatment and neglect etc., it is not necessary for the child in respect of whom the offence was committed to be brought before the Court or to be present for all or part of the proceedings. The Court may of its […]
Child Pornography
Definition Child pornography is any visual representation that shows or relates to a person who is or is depicted as a child or who is engaged in or is depicted being engaged in explicit sexual activity or witnessing such activity or where the dominant characteristic is a depiction for a sexual purpose of the genital […]
People Trafficking
The Criminal (Human Trafficking) (Amendment) Act, extends the scope of exploitative activities under the Criminal Law (Human Trafficking) Act. This is required to comply with a 2011 Directive of the European communities. It provides for the commission of a human trafficking offence by a public official which is treated as an aggravating circumstance for sentencing […]
Dwelling Defence
Dwelling The Criminal Law (Defence of the Dwelling) Act 2011 seeks to limit the criminal and civil liability of a person regarding the use of force in a dwelling house or other dwelling of which he has a lawful occupant against persons who enter the dwelling to commit a criminal act. In effect, it changes […]
Kidnapping and Abduction
False imprisonment A person is guilty of the offence or false imprisonment if he intentionally or recklessly takes or detains or causes to be taken or detained or otherwise restricts the personal liberty of another, without his consent. This offence covers kidnapping and false imprisonment. It replaced the common law offence of kidnapping. Consent must […]
Harassment & Coercion
Coercion It is an offence with a view to compel another person to do or abstain from doing any act which he has a lawful right to do or abstain from doing, wrongfully and without lawful authority to use violence or intimidate that person or a member of his family. injure or damage property of […]
Defences to Assault
Consent The absence of consent is required for assault. However, consent must be freely given. The person concerned must know the nature of the act. He must be of sound mind and full age. Consent is not a defence to the infliction of bodily injury or injuries constituting a breach of the peace.Most fights are […]
Assault
Non-Fatal Offences Against the Person The Non-Fatal Offence against the Person Act 1997 modernise law in relation to non-fatal offences against a person. Many common law crimes were abolished and replaced with statutory crimes. The elements of the respective crimes are now defined by the statute. The common law immunity for parents, teachers and other […]
Abortion (pre-2018)
Prohibition on Abortion It is an offence prohibited by the Offences against the Person Act to procure an abortion. The Offence against the Person Act prohibits the unlawful administration or use by a pregnant woman or anyone else of poisons or other nauseous things or other instruments or means in order to cause an abortion. […]
Manslaughter
Scope of Manslaughter Manslaughter is an unlawful homicide that is not murder. Manslaughter covers a very wide range of circumstances. Historically the longstanding mandatory punishment for murder (which formerly included the death penalty) had tended towards a preference on the part of juries for a verdict of manslaughter in more difficult cases. Manslaughter may be committed in […]
Murder
Homicide The killing of a human being by another is referred to as homicide. Some homicides may be justifiable such as by reason of accident, misadventure, self-defence or execution of lawful orders. In highly exceptional circumstances, a homicide may be justifiable in the course of a riot in effecting an arrest or preventing escape or […]
Robbery
Nature of Robbery Robbery is aggravated theft. The accused must steal or attempt to steal. The force or threat of force must be used in order to enable the accused to steal. Any defence available in respect of theft will be available in respect of robbery. It may be a defence to robbery although the […]
Blackmail
Demanding with Menaces It is an offence for a person with a view to gain for himself or another or with intent to cause another loss to make an unwarranted demand with menaces. Menaces imply some element of threat, express or implied. What is or is not there is such a demand depends on the […]
Homicide
Criminal Homicide Criminal homicide refers to unlawful killing. The two main categories of unlawful killing are murder, which generally requires intention, and manslaughter, which requires gross negligence or recklessness. There is a separate offence of causing death by dangerous driving. Murder is the most serious offence under Irish law and carries a mandatory life sentence. […]