{"id":1075,"date":"2021-07-03T08:51:52","date_gmt":"2021-07-03T08:51:52","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1075"},"modified":"2024-03-24T09:48:38","modified_gmt":"2024-03-24T09:48:38","slug":"murder","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/murder\/","title":{"rendered":"Murder"},"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\/murder\/#Homicide\" title=\"Homicide\">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\/murder\/#Mental_Element\" title=\"Mental Element\">Mental Element<\/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\/murder\/#Required_Intent\" title=\"Required Intent\">Required Intent<\/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\/murder\/#Defences\" title=\"Defences\">Defences<\/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\/murder\/#Unnecessary_Force\" title=\"Unnecessary Force\">Unnecessary Force<\/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\/murder\/#Causation_I\" title=\"Causation I\">Causation I<\/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\/murder\/#Causation_II\" title=\"Causation II\">Causation II<\/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\/murder\/#Incomplete_Offences\" title=\"Incomplete Offences\">Incomplete Offences<\/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\/murder\/#Sentence\" title=\"Sentence\">Sentence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/murder\/#Capital_Murder\" title=\"Capital Murder\">Capital Murder<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/murder\/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-12\" href=\"https:\/\/legalblog.ie\/murder\/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-13\" href=\"https:\/\/legalblog.ie\/murder\/2\/#Manslaughter\" title=\"Manslaughter.\">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\/murder\/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-15\" href=\"https:\/\/legalblog.ie\/murder\/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-16\" href=\"https:\/\/legalblog.ie\/murder\/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-17\" href=\"https:\/\/legalblog.ie\/murder\/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-18\" href=\"https:\/\/legalblog.ie\/murder\/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-19\" href=\"https:\/\/legalblog.ie\/murder\/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-20\" href=\"https:\/\/legalblog.ie\/murder\/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-21\" href=\"https:\/\/legalblog.ie\/murder\/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-22\" href=\"https:\/\/legalblog.ie\/murder\/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-23\" href=\"https:\/\/legalblog.ie\/murder\/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-24\" href=\"https:\/\/legalblog.ie\/murder\/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-25\" href=\"https:\/\/legalblog.ie\/murder\/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-26\" href=\"https:\/\/legalblog.ie\/murder\/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-27\" href=\"https:\/\/legalblog.ie\/murder\/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-28\" href=\"https:\/\/legalblog.ie\/murder\/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-29\" href=\"https:\/\/legalblog.ie\/murder\/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-30\" href=\"https:\/\/legalblog.ie\/murder\/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-31\" href=\"https:\/\/legalblog.ie\/murder\/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-32\" href=\"https:\/\/legalblog.ie\/murder\/2\/#Suicide\" title=\"Suicide.\">Suicide.<\/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-33\" href=\"https:\/\/legalblog.ie\/murder\/2\/#CRIMINAL_JUSTICE_MISCELLANEOUS_PROVISIONS_ACT_2023\" title=\"CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023\">CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023<\/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-34\" href=\"https:\/\/legalblog.ie\/murder\/2\/#Conspiracy_to_murder\" title=\"Conspiracy to murder\">Conspiracy to murder<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/murder\/2\/#Amendment_of_Criminal_Justice_Act_2006\" title=\"Amendment of Criminal Justice Act 2006\">Amendment of Criminal Justice Act 2006<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/murder\/2\/#Double_jeopardy\" title=\"Double jeopardy\">Double jeopardy<\/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-37\" href=\"https:\/\/legalblog.ie\/murder\/2\/#Criminal_Justice_Act_1999\" title=\"Criminal Justice Act, 1999\">Criminal Justice Act, 1999<\/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-38\" href=\"https:\/\/legalblog.ie\/murder\/2\/#Abolition_of_%E2%80%9Cyear_and_a_day%E2%80%9D_rule\" title=\"\nAbolition of \u201cyear and a day\u201d rule.\">\nAbolition of \u201cyear and a day\u201d rule.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Homicide\"><\/span>Homicide<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The killing of a human being by another is referred to as homicide.\u00a0 Some homicides may be justifiable such as by reason of accident, misadventure, self-defence or execution of lawful orders.\u00a0 In highly exceptional circumstances, a homicide may be justifiable in the course of a riot in effecting an arrest or preventing escape or in times of war.<\/p>\n<p>Murder and manslaughter are distinct offences at common law.\u00a0 Significant aspects of the crimes have been supplemented by legislation notwithstanding that the core elements of the crime remain are common law in origin.<\/p>\n<p>Legislation creates the offence of conspiracy to murder and separate offences for threatening to kill or cause serious harm. In some cases, a person who may not be tried for murder may be tried for manslaughter.<\/p>\n<p>An Irish national may be tried for murder and manslaughter in Ireland for an offence committed abroad.\u00a0 The victim need not be an Irish national.\u00a0 Where a person suffers an unlawful and ultimately fatal attack whether in Ireland or abroad and subsequently dies in Ireland, the person responsible may be tried in Ireland.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mental_Element\"><\/span>Mental Element<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The mental element of murder at common law was described, traditionally, as malice aforethought.\u00a0 This does not require ill-will or prior intent.\u00a0 Express malice existed where a person intended to kill the particular person who was killed or another person who was in fact killed.<\/p>\n<p>Universal or general malice existed where there was an intention to kill some person but without caring who is killed. Implied malice consisted of an intention to cause grievous bodily harm which resulted in a killing. Constructive malice consists of an intention to commit a felony or to oppose lawful authority which resulted in a killing.<\/p>\n<p>The above common law definition of the requisite intent has been narrowed and reformed by statute.\u00a0 A person may not be guilty of murder unless the accused intended to kill or cause serious injury to some person whether the person is actually killed or not.\u00a0 The accused person is presumed to have intended the natural and public consequences of his conduct.\u00a0 This presumption may be rebutted.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Required_Intent\"><\/span>Required Intent<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There must be an intention to kill the person killed or another person or to cause the person killed or another, serious injury.<\/p>\n<p>The intention may be inferred from the surrounding circumstances.\u00a0 Where particular consequences follow in the normal course of things, it may be presumed to be intended.<\/p>\n<p>At one time, the absence of a body was an impediment to a murder prosecution. However, this is no longer the case, where it is otherwise proved that the victim was killed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Defences\"><\/span>Defences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The killing of a person which prevents an atrocious crime, including the prospective murder of another, may be a justifiable homicide.\u00a0 Killing would not be justified for less serious offences.<\/p>\n<p>Self-defence extends to the accused himself and others connected to him. The accused must have believed on reasonable grounds that his life was in danger and the use of force was reasonably necessary.\u00a0 The onus is on the prosecution to show beyond a reasonable doubt, that what the accused did was not by way of self-defence.<\/p>\n<p>The threat must be imminent.\u00a0 Where the accused offers evidence of self-defence the onus remains on the prosecution to negate the possibility of self-defence.\u00a0 The matter may be left to the jury provided there is some basis upon which self-defence may be found on the evidence. It is a question for the jury as to whether the use of force in the circumstances was reasonable and proportionate.<\/p>\n<p>There is no right to defend property of itself.\u00a0 Legislation clarifies that one does not have to retreat in one&#8217;s dwelling house.\u00a0 However, a person may not kill a burglar, simply because he is a burglar.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Unnecessary_Force\"><\/span>Unnecessary Force<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The use of unnecessary force may constitute manslaughter.\u00a0 If the force is excessive, it may be murder.\u00a0 Where a person who is subject to a violent and felonious attack endeavours by way of self-defence to prevent the attack by force, and upon doing so exercises more force than necessary, but no more than he honestly believes necessary, may be guilty of manslaughter and not murder.<\/p>\n<p>All persons including members of Garda S\u00edoch\u00e1na must avail of every means of defence before making use of firearms.\u00a0 The degree of force must be moderate and proportionate in the circumstances Firearms should not be deployed without a grave threat to life or limb.\u00a0 The use of lethal force must be necessary.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Causation_I\"><\/span>Causation I<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an element of murder that the accused has caused the death of the victim concerned.\u00a0 There must be legal and factual causation.\u00a0 Factual causation is causation in fact.\u00a0 Legal causation may include consequences and causes that are imputed.<\/p>\n<p>Factual causation is generally tested by reference to a \u201cbut for\u201d test.\u00a0 Legal causation is narrower.\u00a0 If the act contributed to the death of the victim in a material way, the jury should apply principles of common sense, in considering whether the accused caused the death.\u00a0 The appeal courts recommend in the instruction to the jury, that they should not be confused by refined distinctions in relation to material effect or substantial or predominant cause.<\/p>\n<p>The accused need not have undertaken a physical act.\u00a0 If the accused causes the deceased person, for example, to jump out of a window, he may be deemed to have caused the death.\u00a0 The accused must take the victim as he finds him.\u00a0 The so-called eggshell principle applies.<\/p>\n<p>If a person suffers more serious injuries than a person of ordinary fortitude or physical strength would, he is still responsible and is deemed to have caused the death.\u00a0 He may not however have the requisite intention. In a famous case, the accused stabbed a Jehovah&#8217;s Witness.\u00a0 The victim refused to take a blood transfusion and died.\u00a0 The accused was held responsible.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Causation_II\"><\/span>Causation II<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Any acceleration of death can be its effective cause for legal purposes. A person is deemed to have caused another person&#8217;s death, if he accelerates it in any way.\u00a0 The acceleration of the death of a person who is dying may lead to criminal responsibility.<\/p>\n<p>If a new effective cause intervenes, this may break the chain of causation and responsibility.\u00a0 However, when the new and act is attributable to the deliberate and unlawful actions of the accused, the chain may not be broken.<\/p>\n<p>At common law, the death was required to occur within a year and a day of the infliction of injuries, for the person to be held legally responsible for the death.\u00a0 This rule was abolished in 1999 and no longer applies.\u00a0 Where, however, the last act occurred before the act passed, the principle continued to apply.<\/p>\n<p>An unborn foetus is not the subject of a murder or manslaughter charge not having been born.\u00a0 That may be an offence in by procurement of an abortion.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Incomplete_Offences\"><\/span>Incomplete Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Attempted murder is an offence at common law.\u00a0 There must be an intention to kill.\u00a0 An intention to cause serious injury is not sufficient.<\/p>\n<p>Section 4 of the Offences against the Person Act provides for the offence of conspiring or soliciting another to commit murder.\u00a0 This is subject to imprisonment of up to ten years.<\/p>\n<p>The Non-Fatal Offences against the Person Act provides that is an offence to threaten to kill or to cause serious harm to another, is subject on conviction on indictment to imprisonment for up to ten years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sentence\"><\/span>Sentence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The mandatory sentence for murder is life imprisonment. \u00a0The death sentence has been abolished.<\/p>\n<p>The Criminal Justice Act 1964 removed the death penalty for all offences other than the murder of a Garda S\u00edoch\u00e1na and certain other categories It established the offence of capital murder.\u00a0 The Criminal Justice Act 1990 abolished the death penalty.<\/p>\n<p>The Constitution was amended in 2001 to provide that no law may be enacted imposing the death penalty.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Capital_Murder\"><\/span>Capital Murder<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The special offence murder applies to the murder of a member of a Garda S\u00edoch\u00e1na and the prison officer act in the course of his duty or murder in further in certain offences, under the offences against the State Act or course of further activities of an unlawful organisation.\u00a0 It also applies to the murder of a prison officer or murder for a political motive of the head of state or the member of a government or diplomatic officer of a foreign state or an attempt to commit such murder. It is a distinct offence to murder.<\/p>\n<p>The offence requires the ordinary elements of murder and the existence of certain further proofs.\u00a0 The accused must be aware of the relevant element or be reckless as to whether it exists.\u00a0 The relevant element is whether the above circumstances exist, i.e., whether the victim is a member of the Garda S\u00edoch\u00e1na acting in the course of his duty etc.<\/p>\n<p>The offence is subject to a minimum sentence of 40 years. A 20-year minimum sentence applies to an attempt to commit a murder.<\/p>\n<p>The power to remit the sentence is very limited. The power of temporary release is restricted.\u00a0 Temporary release is only available for grave reasons of a humanitarian reason and must be of limited duration.<\/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<h2>CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023<\/h2>\n<p>PART 2<\/p>\n<h4>Conspiracy to murder<\/h4>\n<p>Amendment of section 4 of Offences against the Person Act 1861<\/p>\n<p>3. Section 4 of the Offences against the Person Act 1861 is amended by the substitution of \u201cto imprisonment for life or a lesser term of imprisonment\u201d for \u201cto be kept in penal servitude for any term not more than ten years\u201d.<\/p>\n<h4>Amendment of Criminal Justice Act 2006<\/h4>\n<p>4. The Criminal Justice Act 2006 is amended\u2014<\/p>\n<p>(a) in section 70(1), by the insertion of the following definition:<\/p>\n<p>\u201c\u2018Act of 1861\u2019 means the Offences against the Person Act 1861 ;\u201d,<\/p>\n<p>(b) in section 71\u2014<\/p>\n<p>(i) by the substitution of the following subsection for subsection (4):<\/p>\n<p>\u201c(4) A person charged with an offence under this section\u2014<\/p>\n<p>(a) subject to paragraph (b), is liable to be indicted, tried and punished as a principal offender, or<\/p>\n<p>(b) where the offence, the subject of the conspiracy, is murder, is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.\u201d,<\/p>\n<p>and<\/p>\n<p>(ii) by the insertion of the following subsection after subsection (4):<\/p>\n<p>\u201c(4A) This section shall not apply in respect of a conspiracy to commit murder to which section 4 of the Act of 1861 applies.\u201d,<\/p>\n<p>(c) in section 72A(1), by the substitution of \u201cfor an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861\u201d for \u201cfor an offence under this Part\u201d,<\/p>\n<p>(d) in section 76(1), by the substitution of \u201cWhere an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861 is committed\u201d for \u201cWhere an offence under this Part is committed\u201d, and<\/p>\n<p>(e) by the substitution of the following section for section 77:<\/p>\n<p>\u201c<\/p>\n<h4>Double jeopardy<\/h4>\n<p>77. A person who is acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence\u2014<\/p>\n<p>(a) under section 71 consisting of the act, or the conspiracy to do an act, that constituted the offence,<\/p>\n<p>(b) under section 72 consisting of the act that constituted the offence, or<\/p>\n<p>(c) of conspiracy to murder under section 4 of the Act of 1861 consisting of the act, or the conspiracy to do the act, that constituted the offence,<\/p>\n<p>of which the person was so acquitted or convicted.\u201d.<\/p>\n<h2>Criminal Justice Act, 1999<\/h2>\n<h4>\nAbolition of \u201cyear and a day\u201d rule.<\/h4>\n<p>38.\u2014(1) In this section, \u201cthe \u2018year and a day\u2019 rule\u201d means the rule of law that an act or omission is conclusively presumed not to have caused a person&#8217;s death if more than a year and a day elapsed between the act or omission and the death.<\/p>\n<p>(2) The \u201cyear and a day\u201d rule is hereby abolished for all purposes, including\u2014<\/p>\n<p>(a) for the purposes of offences involving the death of a person, and<\/p>\n<p>(b) for the purpose of determining whether a person committed suicide.<\/p>\n<p>(3) Subsection (2) does not affect the continued application of the \u201cyear and a day\u201d rule to any case where the act or omission, or the last of the acts or omissions, that caused the death occurred before the day on which this Act is passed.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1075\" data-postid=\"1075\" class=\"themify_builder_content themify_builder_content-1075 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Homicide The killing of a human being by another is referred to as homicide.\u00a0 Some homicides may be justifiable such as by reason of accident, misadventure, self-defence or execution of lawful orders.\u00a0 In highly exceptional circumstances, a homicide may be justifiable in the course of a riot in effecting an arrest or preventing escape or [&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\/1075"}],"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=1075"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1075\/revisions"}],"predecessor-version":[{"id":34002,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1075\/revisions\/34002"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1075"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1075"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1075"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}