Manslaughter
OFFENCES AGAINST THE PERSON ACT 1861 (as enacted)
CHAPTER C.
An Act to consolidate and amend the Statute Law of England and Ireland relating to Offences against the Person.[1] [6th August 1861.]
[Preamble.]
Manslaughter.
5. Whosoever shall be convicted of manslaughter shall be liable, at the discretion of the court, to be kept in penal servitude for life . . . or to pay such fine as the court shall award, in addition to or without any such other discretionary punishment as aforesaid.
Indictment for murder or manslaughter.
6. In any indictment for murder or manslaughter, or for being an accessory to any murder or manslaughter, it shall not be necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought kill and murder the deceased; and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously kill and slay the deceased; and it shall be sufficient in any indictment against any accessory to any murder or manslaughter to charge the principal with the murder or manslaughter (as the case may be) in the manner herein-before specified, and then to charge the defendant as an accessory in the manner heretofore used and accustomed.
Excusable homicide.
7. No punishment or forfeiture shall be incurred by any person who shall kill another by misfortune or in his own defence, or in any other manner without felony.
Murder or manslaughter abroad.
9. Where any murder or manslaughter shall be committed on land out of the United Kingdom, whether within the Queen’s dominions or without, and whether the person killed were a subject of Her Majesty or not, every offence committed by any subject of Her Majesty in respect of any such case, whether the same shall amount to the offence of murder or of manslaughter, or of being accessory to murder or manslaughter, may be dealt with, inquired, of, tried, determined, and punished in any county or place in England or Ireland in which such person shall be apprehended or be in custody, in the same manner in all respects as if such offence had been actually committed in that county or place: Provided, that nothing herein contained shall prevent any person from being tried in any place out of England or Ireland for any murder or manslaughter committed out of England or Ireland, in the same manner as such person might have been tried before the passing of this Act.
CRIMINAL JUSTICE ACT, 1964
AN ACT TO AMEND THE LAW AS TO THE IMPOSITION OF THE DEATH PENALTY AND AS TO MALICE IN THE CASE OF MURDER. [25th March, 1964.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
Malice.
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.
(2) The accused person shall be presumed to have intended the natural and probable consequences of his conduct; but this presumption may be rebutted.