DPP v Kehoe

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

- 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...

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14 cases
  • DPP v Abdi
    • Ireland
    • Court of Criminal Appeal
    • 6 December 2004
    ...in principle and sufficiently grounded in fact to allow the jury to reach a conclusion on it. Reporter: R.W. 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 1 JUDGMENT of the Court de......
  • DPP v Curran
    • Ireland
    • Court of Criminal Appeal
    • 14 December 2011
    ...Prosecutions) v. Doyle(Unreported, Court of Criminal Appeal, 22nd March, 2002). The People (Director of Public Prosecutions) v. Kehoe[1992] I.L.R.M. 481. The People (Director of Public Prosecutions) v. Keith Kelly[2000] 2 I.R. 1; [2000] 2 I.L.R.M. 426. The People (Director of Public Prosecu......
  • 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 Ward
    • Ireland
    • Court of Appeal (Ireland)
    • 27 June 2024
    ...of diminished responsibility was wholly erroneous and infringed the ‘ultimate issue rule’. 20 . He refers to People (DPP) v. Kehoe [1992] ILRM 481 where it was said (p.485):- “The court is of the opinion that the accused's defence was properly to be considered by the jury without such elabo......
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