People (Attorney General) v Dwyer

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1974
Docket Number(S.C. No. 130 of 1970)
Date01 January 1974
(S.C.)
The People (Attorney General)
and
Dwyer

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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39 cases
  • DPP v O'Carroll
    • Ireland
    • Court of Criminal Appeal
    • 6 July 2004
    ...146 MCAULEY & MCCUTCHEON CRIMINAL LIABILITY (2000) 851 CRIMINAL JUSTICE ACT 1964 S4(1) CRIMINAL JUSTICE ACT 1964 S4(2) AG, PEOPLE V DWYER 1972 IR 416 DPP V REDMOND 2001 3 IR 390 DPP V NOONAN 1998 2 IR 439 DPP V DUNNE UNREP CCA 25.11.2002 2003 15 3316 R V COCKS 1976 63 CAR 79 R V EDWARDS ......
  • DPP v Padraig Nally
    • Ireland
    • Court of Criminal Appeal
    • 12 October 2006
    ...v NALLY BETWEEN THE PEOPLE AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS RESPONDENT AND PADRAIG NALLY APPLICANT AG, PEOPLE v DWYER 1972 IR 416 DPP v DAVIS 1993 2 IR 1 1993 ILRM 407 1992/11/3499 R v WANG 2005 1 WLR 661 2005 1 AER 782 WOOLMINGTON v DPP 1935 AC 462 CHANDLER & ORS v DPP......
  • DPP v O'C [Central Criminal Court]
    • Ireland
    • Central Criminal Court (Ireland)
    • 3 April 2001
    ...PROCESS 1983 ARCHBOLD CRIMINAL PLEADING, EVIDENCE AND PRACTICE PARA 1–236 CAHALANE V MURPHY & DPP 1994 2 IR 262 AG, PEOPLE V DWYER 1972 IR 416 CRIMINAL JUSTICE ACT 1964 Synopsis: CRIMINAL LAW Delay Sexual offence - Constitutional law - Delay in prosecution of offences - Right to expeditiou......
  • DPP v Curran
    • Ireland
    • Court of Criminal Appeal
    • 14 December 2011
    ...C.L.R. 601; (1977) 51 A.L.J. 403. The People v. MacEoin [1978] I.R. 27; (1978) 112 I.L.T.R. 53. The People (Attorney General) v. Dwyer [1972] I.R. 416; (1972) 108 I.L.T.R. 17. The People (Director of Public Prosecutions) v. Bambrick[1999] 2 I.L.R.M. 71. The People (Director of Public Prosec......
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1 books & journal articles
  • Excessive self-defence and criminal liability
    • South Africa
    • South African Criminal Law Journal No. , May 2019
    • 24 May 2019
    ...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......

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