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, employed more force than was reasonably necessary but no more than he honestly believed to be necesary, they should return a verdict of guilty of manslaughter. So Held by the Supreme Court ( Ó Dálaigh C.J., Walsh, Budd, FitzGerald and Butler JJ.). R. v. HoweUNK(1958) 100 C.L.R. 448 applied. R. v. McInnesWLR[1971] 1 W.L.R. 1600 considered.
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