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Crim Manslaughter

Criminal Law Ireland Manslaughter

QuestionAnswer
What is the definition of manslaughter? Unlawful killing whether intentional or not where the mens rea for murder is not present due to a defense (in voluntary manslaughter) or involuntariness (as in involuntary manslaughter).
Is the Actus Reus for manslaughter the same as for murder- and what is it? Yes: Unlawful killing
In what 2 ways does Manslaughter differ from murder? 1) Involuntary manslaughter - no mens rea as no intention to kill 2) voluntary manslaughter -intention to kill but mitigated by defence of provocation, self defence or diminished responsibility - mitigate -what otherwise murder = manslaughter
What are the two main categories of manslaughter? Voluntary and involuntary
What are the three categories of voluntary manslaughter? Defined by the three defenses of a) self defense, b) provocation and c) diminished responsibility.
What are the three types of involuntary manslaughter? a) assault manslaughter b) criminal and dangerous act manslaughter c) Criminal negligence manslaughter (Dunleavy & Cullough)
What is assault manslaughter Intended less than serious injury but more than trivial
Give a case example of assault manslaughter where merely throwing stones at a fleeing victim caused unintentional death. DPP v Daley and McGhee (1980)
Can a mere threat of assault constitute assault manslaughter? Yes: R v Holzer (1968) - threat of violence is psychic assault
What must prosecution show to prove Criminal and Dangerous Act Manslaughter? a) INTENTIONALLY commited unlawful act b) was a CRIME c) act was significant cause of death d) was objectively dangerour (R v Holtzer [1968]
One of the 4 things the prosecution must prove in a Criminal and Dangerous Act manslaughter is that the act was objectively dangerous- does this mean that it is no defence for the accused to say that they did not think what they were doing was dangerous? Yes: the subjective view of the accused as to danger is irrelevant - it is an objective test People (AG) v Crosbie and Meehan (1966)
What is criminal negligence manslaughter? High degree of negligence (gross- not mere inadvertence) objectively assessed (not subjective intention as in murder) must negligent (not merely dangerous activity [driving]-Dunleavy)Negligent - Cullough (1999) fairground ride no maintenance)
More than dangerous driving is required for Criminal negligence manslaughter - what is a person charged with if they are merely driving dangerously? Dangerous driving -Section 53 (1) Road Traffic Act, 1961
How was "dangerous driving" defined in People (AG) v Quinlan (1963)? "reasonably prudent motorist..[in] circumstances…recognise…direct and serious risk of harm…"
What is the penalty for dangerous driving causing death under Section 53 Road Traffic Act ,1961? Dangerous driving : 10 years imprisonment and fine of €15,000
a HIGH degree of negligence (gross) is required for criminal negligence manslaughter per Dunleavy [1948] - how is this defined? High degree of negligence (gross) - high risk and likelihood of serious injury - (not mere inadvertence as in civil)
Does it have to be proved in a case of criminal negligence manslaughter that the accused was aware that they were creating a risk that there was a high likelihood of serious injury? No
How does criminal negligence differ from civil negligence in tort? The test cor criminal negligence is objective whereas the test for negligence in tort is subjective
What is the punishment for manslaughter? maximum Life Imprisonment - sec 5 OAPA 1861
What is the difference between the punishment for mansalughter and the punishment for murder? Murder = mandatory life sentence - Manslaughter - life is MAXIMUM sentence
Created by: Solomon
 

 



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