DPP v Kehoe

JurisdictionIreland
CourtCourt of Criminal Appeal
Judgment Date01 January 1992
Date01 January 1992
(C.C.A.)
People (D.P.P.)
and
Kehoe

- Defence - Provocation - Effect on accused - Question of fact - Evidence of psychiatrist - Whether trespassing on function of jury - Judge's charge to jury.

The accused's defence to a charge of murdering P.H. was one of provocation. The facts leading up to the killing were as follows: the accused had been friendly with S.M. with whom he had a child. S.M. then had a relationship with P.H. who up to then had been the best friend of the accused. On the evening of 1 March the accused and S.M. met and had drinks together after which they went back to S.M.'s apartment. When there the accused decided to look in on his son. On entering his son's bedroom he saw P.H. The accused gave evidence that he was shocked and upset by seeing him. The accused went to the kitchen where he got a knife and ran back and stabbed P.H. In support of the defence of provocation a psychiatrist gave evidence relating to the accused's emotional state at the time of the killing. His evidence was to the effect that he had a great deal of experience with people who had been through emotional upset and therefore he was in a position to give a clinical pronouncement on the reality of the accused's defence. Held by the Court of Criminal Appeal (O'Flaherty, Murphy, Blayney JJ.) in refusing the accused leave to appeal his conviction for murder, that, 1, whereas it is accepted law that when a defence of provocation is put forward the onus is on the prosecution to establish beyond reasonable doubt that the accused was not provoked to such an extent that having regard to his temperament, character and circumstances he lost control of himself at the time of the wrongful act, it is clear that a psychiatrist...

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10 cases
  • DPP v Abdi
    • Ireland
    • Court of Criminal Appeal
    • 6 December 2004
    ...Murphy J. Herbert J. 96/03 DPP v. ABDI THE DIRECTOR OF PUBLIC PROSECUTIONS v. YUSIF ALI ABDI Defendant/Appellant Citations: DPP V KEHOE 1992 ILRM 481 DPP V EGAN 1991 ILRM 780 R V TURNER 1975 QB 834 R V O'BRIEN & ORS 2000 CRIM LR 676 MURPHY V THE QUEEN 1989 86 ALR 35 Synopsis: CRIMINAL LAW......
  • DPP v Campion
    • Ireland
    • Supreme Court
    • 30 July 2018
    ...of the Court of Criminal Appeal, Hardiman J. referred to R. v Turner [1975] Q.B. 834 and Director of Public Prosecutions v. Kehoe [1992] I.L.R.M. 481. Both of these were cases where the defence had sought to adduce psychiatric evidence to support a defence of provocation. In Kehoe the evi......
  • DPP v McNamara
    • Ireland
    • Supreme Court
    • 26 June 2020
    ......MacEoin [1978] 1 I.R. 27 , provocation had not been the subject of any reported case in this jurisdiction. Since that date however, the issue has given rise to a significant number of decisions of this Court. See, for example, DPP v. Kehoe [1992] I.L.R.M. 481 , DPP v. Mullane (Unreported, Court of Criminal Appeal, 11th March, 1997), DPP v. Noonan [1998] 2 I.R. 439 , DPP v. Bambrick [1999] 2 I.L.R.M. 71 , DPP v. Kelly [2000] 2 I.R. 1 , DPP v. McDonagh [2001] 3 I.R. 201 , DPP v. Davis [2001] 1 I.R. 146 , DPP ......
  • The People (at the suit of the DPP) v AC
    • Ireland
    • Supreme Court
    • 3 November 2021
    ...or jury as to the proper approach to the ultimate issue, provided an expert is not made into the 13th juror; The People (DPP) v Kehoe [1992] ILRM 481. Opinion and fact are difficult to sort out from each other as defined 18 In reality, opinion is expressed as an inference from fact by witne......
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1 books & journal articles
  • Gauging the reliability of scientific evidence in tort
    • Ireland
    • Irish Judicial Studies Journal Nbr. 1-6, January 2006
    • 1 January 2006
    ...expertise from the so-called “soft sciences” such as mental health. See, e.g., R v. Turner [1975] Q.B. 834; People (D.P.P.) v. Kehoe [1992] I.L.R.M. 481. 142 Judicial Studies Institute Journal [6:1 Irish courts should follow the American lead by introducing reliability as a requirement for ......

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