{"id":1063,"date":"2021-07-02T21:57:39","date_gmt":"2021-07-02T21:57:39","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1063"},"modified":"2024-03-16T20:41:38","modified_gmt":"2024-03-16T20:41:38","slug":"manslaugher","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/manslaugher\/","title":{"rendered":"Homicide"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/manslaugher\/#Criminal_Homicide\" title=\"Criminal Homicide\">Criminal Homicide<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/manslaugher\/#Murder\" title=\"Murder\">Murder<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/manslaugher\/#Manslaughter\" title=\"Manslaughter\">Manslaughter<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/manslaugher\/#Provocation\" title=\"Provocation\">Provocation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/manslaugher\/#Suicide\" title=\"Suicide\">Suicide<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/manslaugher\/#Infanticide\" title=\"Infanticide\">Infanticide<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/manslaugher\/#Concealing_a_Birth\" title=\"Concealing a Birth\">Concealing a Birth<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/manslaugher\/#Death_by_Dangerous_Driving\" title=\"Death by Dangerous Driving\">Death by Dangerous Driving<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/manslaugher\/#Corporate_Manslaughter\" title=\"Corporate Manslaughter\">Corporate Manslaughter<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#OFFENCES_AGAINST_THE_PERSON_ACT_1861_as_enacted\" title=\"OFFENCES AGAINST THE PERSON ACT 1861 (as enacted)\">OFFENCES AGAINST THE PERSON ACT 1861 (as enacted)<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Conspiring_or_soliciting_to_commit_murder\" title=\"Conspiring or soliciting to commit murder.\">Conspiring or soliciting to commit murder.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Manslaughter-2\" title=\"Manslaughter.\">Manslaughter.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Indictment_for_murder_or_manslaughter\" title=\"Indictment for murder or manslaughter.\">Indictment for murder or manslaughter.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Excusable_homicide\" title=\"Excusable homicide.\">Excusable homicide.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Murder_or_manslaughter_abroad\" title=\"Murder or manslaughter abroad.\">Murder or manslaughter abroad.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Attempts_to_murder\" title=\"Attempts to murder.\">Attempts to murder.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Destroying_or_damaging_a_building_with_gunpowder_with_intent_to_murder\" title=\"Destroying or damaging a building with gunpowder, with intent to murder.\">Destroying or damaging a building with gunpowder, with intent to murder.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#By_any_other_means_attempting_to_commit_murder\" title=\"By any other means attempting to commit murder.\">By any other means attempting to commit murder.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#CRIMINAL_JUSTICE_ACT_1964\" title=\"CRIMINAL JUSTICE ACT, 1964\">CRIMINAL JUSTICE ACT, 1964<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Malice\" title=\"Malice.\">Malice.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#CRIMINAL_JUSTICE_ACT_1990\" title=\"CRIMINAL JUSTICE ACT, 1990\">CRIMINAL JUSTICE ACT, 1990<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Abolition_of_death_penalty\" title=\"Abolition of death penalty.\">Abolition of death penalty.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Sentence_for_treason_and_murder\" title=\"Sentence for treason and murder.\">Sentence for treason and murder.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Special_provision_in_relation_to_certain_murders_and_attempts\" title=\"Special provision in relation to certain murders and attempts.\">Special provision in relation to certain murders and attempts.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Minimum_period_of_imprisonment_for_treason_and_murder_and_attempts_to_which_section_3_applies\" title=\"Minimum period of imprisonment for treason and murder, and attempts, to which section 3 applies.\">Minimum period of imprisonment for treason and murder, and attempts, to which section 3 applies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Restrictions_on_power_to_commute_or_remit_punishment_or_grant_temporary_release\" title=\"Restrictions on power to commute or remit punishment or grant temporary release.\">Restrictions on power to commute or remit punishment or grant temporary release.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Procedure_in_cases_of_murder_and_attempts_to_which_section_3_applies\" title=\"Procedure in cases of murder, and attempts, to which section 3 applies.\">Procedure in cases of murder, and attempts, to which section 3 applies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Transitional_provisions\" title=\"Transitional provisions.\">Transitional provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Consequential_Amendments\" title=\"Consequential Amendments\">Consequential Amendments<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#CRIMINAL_LAW_SUICIDE_ACT_1993\" title=\"CRIMINAL LAW (SUICIDE) ACT, 1993\">CRIMINAL LAW (SUICIDE) ACT, 1993<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/manslaugher\/2\/#Suicide-2\" title=\"Suicide.\">Suicide.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Criminal_Homicide\"><\/span>Criminal Homicide<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Criminal homicide refers to unlawful killing. \u00a0The two main categories of unlawful killing are murder, which generally requires intention, and manslaughter, which requires gross negligence or recklessness. \u00a0There is a separate offence of causing death by dangerous driving.<\/p>\n<p>Murder is the most serious offence under Irish law and carries a mandatory life sentence. \u00a0A person may be liable for murder unless he is criminally insane. \u00a0See the chapter on defences.<\/p>\n<p>Formerly, suicide and attempt suicide were crimes.\u00a0 It is an offence to aid, abet, counsel or procure a suicide or attempted suicide by another person.<\/p>\n<p>A child over 7 years can commit criminal offences.\u00a0 A child under 14 years is presumed to be incapable of committing an offence, but this may be displaced by proof that he knew his actions constituted serious wrongdoing.<\/p>\n<p>Killing comprises any acceleration of death. It does not matter that the person would have died, for example, from a serious disease anyway or that the killing was done to prevent suffering.\u00a0 If the killing is justified, for example, in the case of self-defence, it is not unlawful.<\/p>\n<p>The defendant\u2019s actions must have caused the victim\u2019s death.\u00a0 Unlike the law of civil wrongs, there is no requirement for the victim to avoid or mitigate his injury.\u00a0 A person may not have caused the death if a totally new cause intervenes or occurs.<\/p>\n<p>However, there are limits to this principle. \u00a0If a person makes a reasonable attempt to escape a threat and dies in the attempt, the person causing the threat may be held to have caused the death.\u00a0 An issue may arise however in relation to whether the latter person had the requisite intention or recklessness.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Murder\"><\/span>Murder<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Murder requires that the accused intended to kill the victim or cause serious injury to the victim or another person.\u00a0 It is presumed that the person intends the natural and probable consequences of misconduct. This presumption may be rebutted.<\/p>\n<p>The mandatory sentence for murder is life imprisonment.\u00a0 The judge has no discretion.<\/p>\n<p>Capital murder is the murder of a member of the Gardai, a prison officer, murders for political reasons of foreign heads of state or diplomats, murders committed in pursuance of, certain subversive objectives.<\/p>\n<p>Formerly a person convicted of capital murder was subject to the death sentence (until 1990).\u00a0 It is necessary to show that the defendant knew or ought to have known or was reckless as to the possibility of the person being a member of the Gardai.<\/p>\n<p>There is a separate offence of attempted murder.\u00a0 It requires evidence of an intention to kill.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Manslaughter\"><\/span>Manslaughter<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Manslaughter coves unlawful killing, that falls short of the required intention for murder.\u00a0 The actual act of killing is the same for both murder and manslaughter.\u00a0 Manslaughter may be charged as an alternative to murder. \u00a0The jury may convict the defendant of manslaughter if it decides there is insufficient evidence of murder.<\/p>\n<p>An act that is undertaken with the intention of causing harm (but not serious harm) may be manslaughter.\u00a0 The act must be both dangerous and unlawful. \u00a0For example, the unlawful element may arise from an assault.\u00a0 A deliberate failure to perform a duty causing death may result in manslaughter.\u00a0 A person under a duty to maintain and supply somebody with food, who dies as a result of lack of food or medicine, may be guilty of manslaughter. The duty need not be legal.\u00a0 A relationship of dependence or an assumption of responsibility will suffice.<\/p>\n<p>An unlawful act or an act that involves gross negligence may cause a killing to constitute manslaughter.\u00a0 The degree of negligence must be very high, bordering on recklessness. \u00a0The test is objective. \u00a0If a person runs a significant and high risk of causing substantial personal injury, he may be guilty of manslaughter.<\/p>\n<p>A person convicted of manslaughter may be subject to imprisonment for up to life and\/or a fine at the discretion of the court.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Provocation\"><\/span>Provocation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Provocation is a defence to murder. \u00a0However, it does not lead to an acquittal. \u00a0It only reduces murder to manslaughter.<\/p>\n<p>Provocation is any act done by the deceased to the accused which would cause a reasonable person and actually caused the accused a sudden loss of self-control so as for the moment not to be master of his own mind.\u00a0 There must be a complete loss of self-control.\u00a0 The circumstances must be such that any reasonable man would have acted accordingly.\u00a0 The response to provocation must be proportionate. The force used must not be unreasonable and excessive.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Suicide\"><\/span>Suicide<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Prior to 1999, suicide being the intentional taking of one&#8217;s own life was a crime.\u00a0 With changing social attitudes to mental health and well-being, suicide was decriminalised.<\/p>\n<p>It remains a crime for a person to aid, abet, counsel or procure the suicide of another or an attempt by another to commit suicide.\u00a0 This offence is subject on conviction on indictment to imprisonment up to 14 years.<\/p>\n<p>The giving of general advice on suicide is not sufficient to commit the crime unless it is given to a specific person who in fact commits or attempts to commit suicide.<\/p>\n<p>The refusal to take medical treatment would not constitute suicide.\u00a0 Provided the person was capable of making a decision, it does not necessarily have to be correct or rational.\u00a0 Persons are generally allowed to let nature take his own course the courts are reluctant to force treatment.<\/p>\n<p>Where a person requests another to kill him by way of suicide, that other person may be guilty of murder.\u00a0 The wilful killing is sufficient intent to, notwithstanding the motive of the perpetrator or the consent of the victim.<\/p>\n<p>The courts have refused claims of persons for assisted suicide where the person is incapable of killing himself, typically due to some degenerative condition.\u00a0 The principle of refusing assisted suicide is not inconsistent with the European Convention on Human Rights protection on privacy.\u00a0 The issue has also been litigated in Ireland with a similar outcome.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Infanticide\"><\/span>Infanticide<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Infanticide is the murder of a child under 12 months old by his or her mother.\u00a0 It is a lesser crime than murder.\u00a0 It is rationalised by a combination of factors such as post-natal depression and concerns at societal pressures, motivating the killing of illegitimate children.<\/p>\n<p>A woman is guilty of infanticide if<\/p>\n<ul>\n<li>by any wilful act or omission, she causes the death of a child under the age of 12 months<\/li>\n<li>the circumstances are such that it would have amounted to murder and<\/li>\n<li>at the time of the act or omission, the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or a mental disorder (Under the Criminal Law (Insanity) Act), consequent on the birth of the child.<\/li>\n<\/ul>\n<p>The woman may be tried for manslaughter and convicted.\u00a0 It may be dealt with on the same basis as if she had been convicted of manslaughter on the grounds of diminished responsibility.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Concealing_a_Birth\"><\/span>Concealing a Birth<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to conceal the birth of a child.\u00a0 The offence was enacted to provide for prosecution of cases where it was difficult to prove the live birth of a child.<\/p>\n<p>The child must have been born.\u00a0 Every person who endeavours to conceal the birth is guilty and may be charged with the offence.\u00a0 The offence is subject to imprisonment of up to two years.<\/p>\n<p>The child must have been born alive.\u00a0 The mere abandonment of the body is not enough.\u00a0 There must be an attempt to conceal it.\u00a0 Concealment must be general rather than specific to individuals.\u00a0 Denial of birth is not sufficient.\u00a0 Concealment of the fact of birth is not sufficient.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Death_by_Dangerous_Driving\"><\/span>Death by Dangerous Driving<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Death by dangerous driving is an offence under the Road Traffic Act.\u00a0 Dangerous driving is driving in a public place in a manner, including speed, which having regard to all the circumstances of the case (including the condition of the vehicle, nature, condition, and use of the place, and the amount of traffic), as it then actually is or might reasonably be expected to be, is dangerous to the public.<\/p>\n<p>Dangerous driving causing death may be prosecuted on indictment or summarily Dangerous driving may be prosecuted summarily even though death is caused. \u00a0The maximum sanction is 10 years\u2019 imprisonment or fine of up to \u20ac15,000 euro on conviction on indictment. In summary conviction, it is subject to up 6 months\u2019 imprisonment or fine of up to \u20ac2,500.\u00a0 In order to be dangerous, the driving must be such that there is a direct and serious risk of harm to the public.<\/p>\n<p>The test is objective, and it need not be proved that they actually knew of that risk.\u00a0 Driving while intoxicated is likely to constitute dangerous driving.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Corporate_Manslaughter\"><\/span>Corporate Manslaughter<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Liability for offences against persons may seem not to be an issue for business.\u00a0 However, it is possible for businesses and even companies to be liable for offences, even for corporate manslaughter.\u00a0 Issues can arise in relation to employees and responsibility for employees.\u00a0 Generally, liability for the actions of employers will not apply to deliberate criminal behaviour.<\/p>\n<p>A company may be convicted of manslaughter.\u00a0 The underlying managers\/directors are looked at as the controlling parts of the company. It is necessary to identify somebody with enough control who could be equally prosecuted himself.\u00a0 The person concerned must be effectively the controlling mind of that company.\u00a0 Prosecutions for corporate manslaughter are very rare.<\/p>\n<p><!--nextpage--><\/p>\n<h2>OFFENCES AGAINST THE PERSON ACT 1861 (as enacted)<\/h2>\n<p>CHAPTER C.<\/p>\n<p>An Act to consolidate and amend the Statute Law of England and Ireland relating to Offences against the Person.[1] [6th August 1861.]<\/p>\n<p>[Preamble.]<\/p>\n<p>Homicide.<\/p>\n<p>&nbsp;<\/p>\n<h4>Conspiring or soliciting to commit murder.<\/h4>\n<p>4. All persons who shall conspire, confederate, and agree to murder any person, whether he be a subject of Her Majesty or not, and whether he be within the Queen\u2019s dominions or not, and whosoever shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any person, to murder any other person, whether he be a subject of Her Majesty or not, and whether he be within the Queen\u2019s dominions or not, shall be guilty of a misdemeanor, and being convicted thereof shall be liable . . . to be kept in penal servitude for any term not more than ten . . . years . . .<\/p>\n<h4>Manslaughter.<\/h4>\n<p>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.<\/p>\n<h4>Indictment for murder or manslaughter.<\/h4>\n<p>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.<\/p>\n<h4>Excusable homicide.<\/h4>\n<p>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.<\/p>\n<h4>Murder or manslaughter abroad.<\/h4>\n<p>9. Where any murder or manslaughter shall be committed on land out of the United Kingdom, whether within the Queen\u2019s 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.<\/p>\n<h4>Attempts to murder.<\/h4>\n<p>Administering poison, or wounding, with intent to murder.<\/p>\n<p>11. Whosoever shall administer to or cause to be administered to or to be taken by any person any poison or other destructive thing, or shall by any means whatsoever wound or cause any grievous bodily harm to any person, with intent in any of the cases aforesaid to commit murder, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . .<\/p>\n<h4>Destroying or damaging a building with gunpowder, with intent to murder.<\/h4>\n<p>12. Whosoever, by the explosion of gunpowder or other explosive substance; shall destroy or damage any building, with intent to commit murder, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . .<\/p>\n<p>Setting fire to or casting away a ship, with intent to murder.<\/p>\n<p>13. Whosoever shall set fire to any ship or vessel, or any part thereof, or any part of the tackle, apparel, or furniture thereof, or any goods or chattels being therein, or shall cast away or destroy any ship or vessel, with intent in any of such cases to commit murder, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . .<\/p>\n<p>Attempting to administer poison, or shooting or attempting to shoot, or attempting to drown, &amp;c., with intent to murder.<\/p>\n<p>14. Whosoever shall attempt to administer to or shall attempt to cause to be administered to or to be taken by any person any poison or other destructive thing, or shall shoot at any person, or shall, by drawing a trigger or in any other manner, attempt to discharge any kind of loaded arms at any person, or shall attempt to drown, suffocate, or strangle any person, with intent, in any of the cases aforesaid, to commit murder, shall, whether any bodily injury be effected or not, be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . .<\/p>\n<h4>By any other means attempting to commit murder.<\/h4>\n<p>15. Whosoever shall, by any means other than those specified in any of the preceding sections of this Act, attempt to commit murder, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . .<\/p>\n<p>Letters threatening to murder.<\/p>\n<p>Sending letters threatening to murder.<\/p>\n<p>16. Whosoever shall maliciously send, deliver, or utter, or directly or indirectly cause to be received, knowing the contents thereof, any letter or writing threatening to kill or murder any person, shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding ten years, . . . or to be imprisoned, . . . and, if a male under the age of sixteen years, with or without whipping.<\/p>\n<p>Acts causing or tending to cause Danger to Life or Bodily Harm.<\/p>\n<p>Impeding a person endeavouring to save himself or another from ship-wreck.<\/p>\n<p>17. Whosoever shall unlawfully and maliciously prevent or impede any person, being on board of or having quitted any ship or vessel which shall be in distress, or wrecked, stranded, or cast on shore, in his endeavour to save his life, or shall unlawfully and maliciously prevent or impede any person in his endeavour to save the life of any such person as in this section first aforesaid, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . .<\/p>\n<p>Shooting or attempting to shoot, or wounding, with intent to do grievous bodily harm, or to resist apprehension.<\/p>\n<p>18. Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodilyharm to any person, or shoot at any person, or, by drawing a trigger or in any other manner attempt to discharge any kind of loaded arms at any person, with intent, in any of the cases aforesaid, to maim, disfigure, or disable any person, or to do some other grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony, and being convicted thereof shall be liable . . . to be kept in penal servitude for life . . .<\/p>\n<h2>CRIMINAL JUSTICE ACT, 1964<\/h2>\n<p>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.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:\u2014<\/p>\n<p>&nbsp;<\/p>\n<h4>Malice.<\/h4>\n<p>4.\u2014(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.<\/p>\n<p>(2) The accused person shall be presumed to have intended the natural and probable consequences of his conduct; but this presumption may be rebutted.<\/p>\n<h2>CRIMINAL JUSTICE ACT, 1990<\/h2>\n<p>AN ACT TO ABOLISH THE DEATH PENALTY AND SUBSTITUTE IMPRISONMENT FOR LIFE, TO PROVIDE THAT A MINIMUM PERIOD OF IMPRISONMENT SHALL BE SERVED BY PERSONS CONVICTED OF TREASON OR OF CERTAIN CATEGORIES OF MURDER OR ATTEMPTS TO COMMIT ANY SUCH MURDER AND TO PROVIDE FOR OTHER CONNECTED MATTERS. [11th July, 1990]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Abolition of death penalty.<\/h4>\n<p>1.\u2014No person shall suffer death for any offence.<\/p>\n<h4>Sentence for treason and murder.<\/h4>\n<p>2.\u2014A person convicted of treason or murder shall be sentenced to imprisonment for life.<\/p>\n<h4>Special provision in relation to certain murders and attempts.<\/h4>\n<p>3.\u2014(1) This section applies to\u2014<\/p>\n<p>(a) murder of a member of the Garda S\u00edoch\u00e1na acting in the course of his duty,<\/p>\n<p>(b) murder of a prison officer acting in the course of his duty,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>and to an attempt to commit any such murder.<\/p>\n<p>(2) (a) Subject to paragraph (b), murder to which this section applies, and an attempt to commit such a murder, shall be a distinct offence from murder and from an attempt to commit murder and a person shall not be convicted of murder to which this section applies or of an attempt to commit such a murder unless it is proved that he knew of the existence of each ingredient of the offence specified in the relevant paragraph of subsection (1) or was reckless as to whether or not that ingredient existed.<\/p>\n<p>(b) Save as otherwise provided by this Act, the law and procedure relating to murder and an attempt to commit murder shall apply to the offence.<\/p>\n<p>(3) In this section\u2014<\/p>\n<p>\u201cdiplomatic officer\u201d means a member of the staff of a diplomatic mission of a foreign State having diplomatic rank;<\/p>\n<p>\u201cprison\u201d means any place for which rules or regulations may be made under the Prisons Acts, 1826 to 1980, section 7 of the Offences against the State (Amendment) Act, 1940 , section 233 of the Defence Act, 1954 , section 2 of the Prisoners of War and Enemy Aliens Act, 1956 , or section 13 of the Criminal Justice Act, 1960 ;<\/p>\n<p>\u201cprison officer\u201d includes any member of the staff of a prison and any person having the custody of, or having duties in relation to the custody of, a person detained in a prison.<\/p>\n<h4>Minimum period of imprisonment for treason and murder, and attempts, to which section 3 applies.<\/h4>\n<p>4.\u2014Where 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\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) in the case of an attempt to commit murder, shall pass a sentence of imprisonment of not less than twenty years and specify a period of not less than twenty years as the minimum period of imprisonment to be served by that person.<\/p>\n<h4>Restrictions on power to commute or remit punishment or grant temporary release.<\/h4>\n<p>5.\u2014(1) The power conferred by section 23 of the Criminal Justice Act, 1951 , to commute or remit a punishment shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder to which section 3 applies or an attempt to commit such a murder, be exercisable before the expiration of the minimum period specified by the court under section 4 less any reduction of that period under subsection (2) of this section.<\/p>\n<p>(2) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence passed on him on conviction of treason or of murder to which section 3 applies or an attempt to commit such a murder as if he had been sentenced to a term of imprisonment equal to the minimum period specified by the court under section 4 , and that period shall be reduced by the amount of any remission which he has so earned.<\/p>\n<p>(3) Any power conferred by rules made under section 2 of the Criminal Justice Act, 1960 (including that section as applied by section 4 of the Prisons Act, 1970 ), to release temporarily a person serving a sentence of imprisonment shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder to which section 3 applies or an attempt to commit such a murder, be exercisable during the period for which the commutation or remission of his punishment is prohibited by subsection (1) of this section unless for grave reasons of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by those reasons.<\/p>\n<h4>Procedure in cases of murder, and attempts, to which section 3 applies.<\/h4>\n<p>6.\u2014(1) Where a person is accused of murder to which section 3 applies or of any attempt to commit such a murder, he shall be charged in the indictment with murder to which that section applies or, as the case may be, with an attempt to commit such a murder.<\/p>\n<p>(2) A person indicted for murder to which section 3 applies may\u2014<\/p>\n<p>(a) if the evidence does not warrant a conviction for such murder but warrants a conviction for murder, be found guilty of murder,<\/p>\n<p>(b) if the evidence does not warrant a conviction for murder but warrants a conviction for manslaughter, be found guilty of manslaughter.<\/p>\n<p>(3) A person indicted for an attempt to commit a murder to which section 3 applies may, if the evidence does not warrant a conviction for such an attempt but warrants a conviction for an attempt to commit murder, be found guilty of an attempt to commit murder.<\/p>\n<p>Consequential amendments.<\/p>\n<p>7.\u2014The enactments mentioned in the First Schedule are hereby amended in the manner specified therein.<\/p>\n<h4>Transitional provisions.<\/h4>\n<p>8.\u2014(1) An offence of treason, capital murder or attempt to commit a capital murder, being an offence committed wholly or partly before the passing of this Act, shall be dealt with under the law in force before such passing, except that\u2014<\/p>\n<p>(a) if the offender is convicted of treason or capital murder, he shall be sentenced as provided for by this Act as if, in the case of capital murder, the murder were murder to which section 3 applies, and<\/p>\n<p>(b) if he is convicted of attempted capital murder, he shall be sentenced as if he had been convicted of attempted murder.<\/p>\n<p>(2) If, on an appeal against a conviction before the passing of this Act, of treason or capital murder the conviction is confirmed, the appeal court shall impose sentence as provided for by this Act as if, in the case of capital murder, the murder were murder to which section 3 applies.<\/p>\n<p>Repeals.<\/p>\n<p>9.\u2014(1) The enactments mentioned in the Second Schedule are hereby repealed to the extent specified therein.<\/p>\n<p>(2) The repeal by this Act of section 1 of the Offences against the Person Act, 1861 , shall not affect the operation of sections 64 to 68 of that Act.<\/p>\n<p>Short title.<\/p>\n<p>10.\u2014This Act may be cited as the Criminal Justice Act, 1990.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<h4>Consequential Amendments<\/h4>\n<p>Section 7.<\/p>\n<p>1. In section 2 of the Piracy Act, 1837 , \u201cand on conviction thereof shall be sentenced to imprisonment for life\u201d shall be inserted at the end of the section.<\/p>\n<p>2. Section 103 of the Children Act, 1908, shall have effect in relation to a child or young person who is convicted of an offence for which an adult would be required to be sentenced to imprisonment for life as it had effect before the passing of this Act in relation to a child or young person convicted of an offence for which an adult would have been required to be sentenced to death.<\/p>\n<p>3. Section 1 of the Treason Act, 1939 , shall be amended as follows:<\/p>\n<p>(a) in subsections (1) and (2) \u201cbe sentenced on conviction thereof to imprisonment for life\u201d shall be substituted for \u201cbe liable on conviction thereof to suffer death\u201d, and<\/p>\n<p>(b) in subsection (3) \u201cmurder to which section 3 of the Criminal Justice Act, 1990, applies\u201d shall be substituted for \u201ccapital murder\u201d (inserted therein by the Criminal Justice Act, 1964 ).<\/p>\n<p>4. The Defence Act, 1954 , shall be amended as follows:<\/p>\n<p>(a) in section 50 (2) \u201cdeath,\u201d shall be deleted;<\/p>\n<p>(b) in sections 124 and 125 \u201cimprisonment for life\u201d shall be substituted for \u201cdeath\u201d;<\/p>\n<p>(c) in section 126 (2) (iii) \u201cfor any term not exceeding two years\u201d shall be inserted after \u201cimprisonment\u201d;<\/p>\n<p>(d) in sections 127 and 128 \u201cimprisonment for life\u201d shall be substituted for \u201cdeath\u201d;<\/p>\n<p>(e) in sections 133, 134, 135 (1) (b), 136, 137 (1), 140, 141, 142 (b), 142A (1) (ii), 143, 144, 145, 146, 147, 148, 150, 152, 153, 156, 157, 159 (1), 160, 161 (2), 162, 163, 164 (1), 165, 166, 167 and 168 (1) \u201cfor any term not exceeding two years\u201d shall be inserted after \u201cimprisonment\u201d;<\/p>\n<p>(f) the following section shall be substituted for section 169:<\/p>\n<p>\u201cOffences punishable by ordinary law.<\/p>\n<p>169.\u2014(1) Subject to the provisions of this Act, every person who, while he is subject to military law, commits any of the offences referred to in this section shall be deemed to be guilty of an offence against military law and, if charged under this section with any such offence (in this Act referred to as a civil offence) shall be liable to be tried by court-martial.<\/p>\n<p>(2) Where a person charged under this section is convicted by a court-martial of treason or murder, he shall be sentenced to imprisonment for life.<\/p>\n<p>(3) Where a person charged under this section is convicted by a court-martial of an offence other than treason or murder, he shall be liable to be punished as follows:<\/p>\n<p>(a) if he is convicted of manslaughter, be liable to suffer penal servitude or any less punishment awardable by a court-martial;<\/p>\n<p>(b) if he is convicted of rape, be liable to suffer penal servitude or any less punishment awardable by a court-martial;<\/p>\n<p>(c) if he is convicted of an act of genocide which would be punishable under the Genocide Act, 1973 , be liable\u2014<\/p>\n<p>(i) in case the offence consists of the killing of any person, to imprisonment for life, or<\/p>\n<p>(ii) in any other case, to imprisonment for a term not exceeding fourteen years;<\/p>\n<p>(d) if he is convicted of any offence not before in this section particularly specified which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by law of the State or, if he is subject to military law as an officer, dismissal with ignominy from the Defence Forces or any less punishment awardable by a court-martial or, if he is subject to military law as a man, imprisonment for any term not exceeding two years or any less punishment awardable by a court-martial.\u201d;<\/p>\n<p>(g) the following section shall be inserted after section 169:<\/p>\n<p>\u201cTrial by court-martial of treason and certain murders and attempts.<\/p>\n<p>169A.\u2014(1) A person subject to military law who is accused of murder which is alleged to be murder to which section 3 of the Criminal Justice Act, 1990, applies or of an attempt to commit such a murder and is to be tried by court-martial shall be charged with murder to which that section applies or, as the case may be, with an attempt to commit such a murder, and the following provisions of that Act, namely\u2014<\/p>\n<p>(a) section 4 , with the substitution of \u2018court-martial\u2019 for \u2018court\u2019, and<\/p>\n<p>(b) subsection (2) of section 6 , with the substitution of \u2018charged with\u2019 for \u2018indicted for\u2019,<\/p>\n<p>shall apply and have effect in relation to the trial.<\/p>\n<p>(2) The said section 4 shall apply and have effect, in relation to the trial of a person subject to military law who is accused of treason, with the substitution of \u2018court-martial\u2019 for \u2018court\u2019.\u201d;<\/p>\n<p>(h) in section 192 (2) (d) \u201cfor any term not exceeding two years\u201d shall be inserted after \u201cimprisonment\u201d;<\/p>\n<p>(i) in section 198, subsection (2) shall be deleted;<\/p>\n<p>(j) in sections 209 (1) and 210 (1) \u201cImprisonment for life\u201d shall be substituted for \u201cDeath\u201d;<\/p>\n<p>(k) in section 210 (6) \u201cimprisonment for life or\u201d shall be inserted before \u201cpenal servitude\u201d in each place where those words occur;<\/p>\n<p>(l) in subsections (7) and (10) of section 210 \u201cfor any term not exceeding two years\u201d shall be inserted after \u201cimprisonment\u201d;<\/p>\n<p>(m) section 212 shall not apply to a sentence of imprisonment for life;<\/p>\n<p>(n) in section 220, subsection (2) shall be deleted and, in subsection (3), \u201cimprisonment on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies\u201d shall be substituted for \u201cdeath\u201d;<\/p>\n<p>(o) in section 221 (1) \u201c(other than a sentence of death)\u201d shall be deleted and the following proviso added:<\/p>\n<p>\u201cProvided that\u2014<\/p>\n<p>(i) the said power of mitigation or remission shall not, in the case of a sentence of imprisonment passed on a person on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies, be exercisable before the expiration of the minimum period specified by the court-martial under section 4 of that Act, as applied by section 169A of this Act, less any reduction of that period under paragraph (ii) of this proviso, and<\/p>\n<p>(ii) the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence passed on him on conviction of treason or of murder, or attempted murder, to which the said section 3 applies as if he had been sentenced to a term of imprisonment equal to the minimum period specified by the court-martial under the said section 4 , as applied by section 169A of this Act, and that period shall be reduced by the amount of any remission which he has so earned.\u201d;<\/p>\n<p>(p) in section 222, paragraph (a) and \u201cin any other case\u201d in paragraph (b) shall be deleted;<\/p>\n<p>(q) the following subsection shall be added to section 223:<\/p>\n<p>\u201c(10) This section shall not apply to a sentence of imprisonment on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies.\u201d;<\/p>\n<p>(r) section 227 shall be deleted;<\/p>\n<p>(s) the following subsection shall be inserted in section 228 after subsection (1):<\/p>\n<p>\u201c(1A) Where a sentence of imprisonment for life is passed by a court-martial and confirmed, the military prisoner shall, as soon as practicable, be committed to a public prison to undergo his sentence according to law, and subsections (2) to (7) of this section shall have effect in relation to him\u2014<\/p>\n<p>(a) as if each reference therein to a military convict were a reference to a military prisoner and each reference to a penal servitude prison a reference to a public prison, and<\/p>\n<p>(b) as if the reference in the said subsection (7) to penal servitude were a reference to imprisonment.\u201d;<\/p>\n<p>(t) section 229 shall not apply to a military prisoner sentenced to imprisonment for life; and<\/p>\n<p>(u) the following subsection shall be inserted in section 233 after subsection (2):<\/p>\n<p>\u201c(2A) Any power conferred by rules under this section to release a person temporarily shall not, in the case of a person serving a sentence passed on him on conviction of treason or of murder, or attempted murder, to which section 3 of the Criminal Justice Act, 1990, applies, be exercisable during the period for which the power to mitigate or remit his punishment is prohibited by paragraph (i) of the proviso (inserted by that Act) to section 221 (1) of this Act unless for grave reasons of a humanitarian nature, and any such release shall be only of such limited duration as is justified by those reasons.\u201d.<\/p>\n<p>5. In the Courts-Martial Appeals Act, 1983 \u2014<\/p>\n<p>(a) in sections 26, 28 (2) (c) and 28 (3) (ii) (I) \u201ca capital offence or murder\u201d shall be replaced in each case by \u201can offence for which a person would be required on conviction to be sentenced to imprisonment for life\u201d;<\/p>\n<p>(b) in section 27 (2) (c) \u201ca capital charge or a charge of murder\u201d shall be replaced by \u201ca charge of an offence for which a person would be required on conviction to be sentenced to imprisonment for life\u201d.<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Enactments Repealed<\/p>\n<p>Section 9 .<\/p>\n<p>Chapter or Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Extent of Repeal<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>C. 100.<\/p>\n<p>Offences against the Person Act, 1861 .<\/p>\n<p>Sections 1 to 3.<\/p>\n<p>In section 71, the words \u201cother wise than with death\u201d.<\/p>\n<p>C. 24.<\/p>\n<p>Capital Punishment Amendment Act, 1868.<\/p>\n<p>The whole Act.<\/p>\n<p>C. 78.<\/p>\n<p>Juries Procedure (Ireland) Act, 1876.<\/p>\n<p>Section 13.<\/p>\n<p>C. 49.<\/p>\n<p>General Prisons (Ireland) Act, 1877.<\/p>\n<p>Proviso in section 40.<\/p>\n<p>No. 27 of 1926.<\/p>\n<p>Court Officers Act, 1926.<\/p>\n<p>Section 53.<\/p>\n<p>No. 15 of 1928.<\/p>\n<p>Courts of Justice Act, 1928.<\/p>\n<p>In subsection (1) of section 6, the words \u201cdeath or\u201d.<\/p>\n<p>Subsection (2) of section 6.<\/p>\n<p>No. 2 of 1951.<\/p>\n<p>Criminal Justice Act, 1951 .<\/p>\n<p>In subsection (1) of section 23, the words \u201cExcept in capital cases,\u201d.<\/p>\n<p>No. 27 of 1956.<\/p>\n<p>Prisoners of War and Enemy Aliens Act, 1956 .<\/p>\n<p>Subsection (1) of section 5.<\/p>\n<p>No. 11 of 1962.<\/p>\n<p>Geneva Conventions Act, 1962.<\/p>\n<p>In subsection (1) (b) of section 6 and in subsection (1) of section 8, the words \u201cto death or\u201d.<\/p>\n<p>In subsection (2) of section 8, the words \u201cremains a sentence of death, or\u201d.<\/p>\n<p>No. 5 of 1964.<\/p>\n<p>Criminal Justice Act, 1964 .<\/p>\n<p>The whole Act, except sections 4 and 11.<\/p>\n<p>No. 28 of 1973.<\/p>\n<p>Genocide Act, 1973 .<\/p>\n<p>Section 4.<\/p>\n<p>No. 14 of 1976.<\/p>\n<p>Criminal Law (Jurisdiction) Act, 1976.<\/p>\n<p>Subsection (6) of section 20.<\/p>\n<p>No. 19 of 1983.<\/p>\n<p>Courts-Martial Appeals Act, 1983 .<\/p>\n<p>Section 21.<\/p>\n<p>No. 1 of 1987.<\/p>\n<p>Extradition (European Convention on the Suppression of Terrorism) Act, 1987.<\/p>\n<p>Subsection (4) of section 6.<\/p>\n<h2>CRIMINAL LAW (SUICIDE) ACT, 1993<\/h2>\n<p>AN ACT TO ABOLISH THE OFFENCE OF SUICIDE, TO MAKE IT AN OFFENCE TO BE AN ACCOMPLICE TO SUICIDE AND TO REPEAL SECTION 9 OF THE SUMMARY JURISDICTION (IRELAND) AMENDMENT ACT, 1871 . [9th June, 1993]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Short title and commencement.<\/p>\n<p>1.\u2014(1) This Act may be cited as the Criminal Law (Suicide) Act, 1993.<\/p>\n<p>(2) This Act shall come into operation one month after the date of its passing.<\/p>\n<h4>Suicide.<\/h4>\n<p>2.\u2014(1) Suicide shall cease to be a crime.<\/p>\n<p>(2) A person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding fourteen years.<\/p>\n<p>(3) If, on the trial of an indictment for murder, murder to which section 3 of the Criminal Justice Act, 1990 applies or manslaughter, it is proved that the person charged aided, abetted, counselled or procured the suicide of the person alleged to have been killed, he may be found guilty of an offence under this section.<\/p>\n<p>(4) No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.<\/p>\n<p>Repeal.<\/p>\n<p>3.\u2014 Section 9 of the Summary Jurisdiction (Ireland) Amendment Act, 1871 (amended by section 85 of the Courts of Justice Act, 1936 ) is hereby repealed.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1063\" data-postid=\"1063\" class=\"themify_builder_content themify_builder_content-1063 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Criminal Homicide Criminal homicide refers to unlawful killing. \u00a0The two main categories of unlawful killing are murder, which generally requires intention, and manslaughter, which requires gross negligence or recklessness. \u00a0There 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. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[61],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1063"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1063"}],"version-history":[{"count":12,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1063\/revisions"}],"predecessor-version":[{"id":33237,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1063\/revisions\/33237"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1063"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1063"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1063"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}