Criminal Law 4th November 2014
Criminal Law – 4th November 2014
Diminished Responsibility
Genealogy of Diminished responsibility
Ireland Infanticide Act 1949
AG v O shea . Jury wanted to add rider to verdict. Rejected by court at time.
Doyle v Wicklow CC 1974. Person doesn’t have will power to say no. Not accepted in England but accepted in Ireland.
DPP v Joseph o mahony. 1985 . Argument denied by court.
Henchy Committee 1978- recommendation.
Criminal law (insanity) act 2006. Not guilty by insanity but their sentence is substantially diminished.
Consequences of DR verdict.
Anything from a fine to life. Should generally be shorted than life.
Mental Health (criminal law ) review board. Doesn’t mean they have to have it on the time of the trial. Just when the crime was commited.
DPP v Leigh Crowe 2009- applicant shouldn’t be treated as a person fully responsible. Should be something short of a life sentence. Was reduced to 20 years.
Important Cases- important outcomes.
DPP v O’Dwyer 2007- depersonalization disorder. Weak. He didn’t feel connected to his actions and thoughts. He was given a light sentence. 6 year sentence. More serious the mental disorder does not have a huge impact on their sentence.
DPP v Crowe 2009- shot victim at party. Post traumatic Stress Disorder. Not considered in court. 20 year sentence.
DPP v Egan. 2009- D beat to death cellmate in Mountjoy. Very serious disorder and not given his medication. He killed his cellmate. He was life sentence. No ‘short of’ in this instance.
DPP v Burke 2010 – Killed husband. Severe drinking problem and depression. Given 5 year sentence very light.
Diminished Responsibility
Genealogy of Diminished responsibility
Ireland Infanticide Act 1949
AG v O shea . Jury wanted to add rider to verdict. Rejected by court at time.
Doyle v Wicklow CC 1974. Person doesn’t have will power to say no. Not accepted in England but accepted in Ireland.
DPP v Joseph o mahony. 1985 . Argument denied by court.
Henchy Committee 1978- recommendation.
Criminal law (insanity) act 2006. Not guilty by insanity but their sentence is substantially diminished.
Consequences of DR verdict.
Anything from a fine to life. Should generally be shorted than life.
Mental Health (criminal law ) review board. Doesn’t mean they have to have it on the time of the trial. Just when the crime was commited.
DPP v Leigh Crowe 2009- applicant shouldn’t be treated as a person fully responsible. Should be something short of a life sentence. Was reduced to 20 years.
Important Cases- important outcomes.
DPP v O’Dwyer 2007- depersonalization disorder. Weak. He didn’t feel connected to his actions and thoughts. He was given a light sentence. 6 year sentence. More serious the mental disorder does not have a huge impact on their sentence.
DPP v Crowe 2009- shot victim at party. Post traumatic Stress Disorder. Not considered in court. 20 year sentence.
DPP v Egan. 2009- D beat to death cellmate in Mountjoy. Very serious disorder and not given his medication. He killed his cellmate. He was life sentence. No ‘short of’ in this instance.
DPP v Burke 2010 – Killed husband. Severe drinking problem and depression. Given 5 year sentence very light.