People (Attorney General) v Dwyer
Jurisdiction | Ireland |
Judgment Date | 01 January 1974 |
Date | 01 January 1974 |
Docket Number | (S.C. No. 130 of 1970) |
Court | Supreme Court |
Defence - Self-defence -Whether unreasonable degree of force employed by accused - Test of reasonableness - Whether objective opinion of jury or subjective view of accused - Murder or manslaughter - Criminal Justice Act, 1964 (No. 5), s. 4.
Where the defence made to a charge of murder is self-defence against a violent and felonious attack, the trial judge should inform the jury that if they come to the conclusion that the accused, acting in self-defence...
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...[1965] A.C. 1001; [1964] 3 W.L.R. 145; [1964] 2 All E.R. 881; (1964) 48 Cr. App. Rep. 348. The People (Attorney General) v. Dwyer [1972] I.R. 416; (1972) 108 I.L.T.R. 17. The People (Attorney General) v. O'Brien [1965] I.R. 142. The People (Director of Public Prosecutions) v. J.C. [2015] IE......
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Excessive self-defence and criminal liability
...Tikos (No 1) [1963] VR 285; Tikos (No 2) [1963] VR 306. The same doctrine has been adopted in Irish law. See, e g, People (A-G) v Dwyer [1972] IR 416. The doctrine was also followed in some Canadian cases (see, e g, Brisson (1983) 139 DLR 685) but was finally rejected by the Supreme Court o......