People v Murray
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1977 |
| Date | 01 January 1977 |
| Docket Number | [S.C. Nos. 137/8 of 1976] |
| Court | Supreme Court |
(S.C.)
The People (D.P.P.)
and
Murray
Capital murder - New offence - Proof - Mens rea - Recklessness -Murder of policeman acting in course of his duty - Criminal Justice Act, 1964 (No. 5), ss. 1, 4.
Until the year 1964, s. 1 of the Offences Against the State Act, 1861, provided that a person "convicted of murder" should suffer death; but by s. 5 of the Criminal Justice Act, 1964, the term "capital murder" was substituted for "murder"in s. 1 of the Act of 1861. Section 1 of the Act of 1964 provides that a person shall not be liable to suffer death for any offence other than (inter alia) "capital murder, namely - (i) murder of a member of the Garda SÃochána acting in the course of his duty . . ." Section 4 of the Act of 1964 states that where a person kills another unlawfully the killing shall not be murder unless the accused "intended to kill, or cause serious injury to, some person . . ." and provides that the accused shall be presumed to have intended the natural and probable consequences of his conduct, but that such presumption may be rebutted. The accused, who were husband and wife, escaped in a motor car after an armed bank robbery in which each of them had taken an active part. The driver of a private car, who...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
45 cases
-
The People (Director of Public Prosecutions) v C. O'R
...but have elected to proceed with his conduct nonetheless.’ This has been the position since the decision in The People (DPP) v Murray [1977] IR 360. In cases of rape, recklessness means that the possibility that a woman was not consenting actually occurred in the mind of the accused. Where ......
-
DPP v Fergal Cagney
..."recklessness" is a constituent of a criminal offence in Ireland the leading authority on its meaning is The People (DPP) v. Murray [1977] I.R. 360. The judgments of Henchy J., Walsh J. and Griffin J. make it clear that the required mens rea for the purposes of recklessness as to consequen......
-
McNulty v Ireland and Attorney General
...crime, in order for the proof of actus reus to constitute evidence of the necessary mens rea under section 41(3). 45 In this analysis The People v. Murray [1977] I.R. 360 is relevant. In Murray the Court considered the statutory offence of capital murder, and analysed whether the section r......
-
DPP v Power
...OF DRUGS ACT 1977 S16 MISUSE OF DRUGS ACT 1977 S17 MISUSE OF DRUGS ACT 1977 S29 CRIMINAL JUSTICE ACT 1999 PART II PEOPLE (DPP) v MURRAY 1977 IR 360 SWEET v PARSLEY 1970 AC 132 C (C) & G (P) v IRELAND & ORS UNREP SUPREME 12.7.2005 2005/7/1439 2005 IESC 48 CRIMINAL JUSTICE ACT 1964 S1 DPP v ......
Get Started for Free
6 books & journal articles
-
Using Civil Processes in Pursuit of Criminal Law Objectives: A Case Study of Non-Conviction-Based Asset Forfeiture
...2 Cf. J. Hall, ‘Interrelations of Criminal Law and Torts: I’ (1943) Columbia LR 753. 3 R v G [2004] 1 AC 1034; The People (DPP) v Murray [1977] IR 360. 4 McQuire v Western Morning News Co. Ltd [1903] 2 KB 100; Hall v Brooklands Auto Racing Club [1933] 1 KB205; Glasgow Corporation v Muir [19......
-
Exploring rape conviction rates: consent, false allegations and legal obstacles
...if the accused makes a 90 O’R (n 80) [36]. 91 See The People (DPP) v Cagney and McGrath [2008] 2 IR 111; The People (DPP) v Murray [1977] IR 360. 92 O’R (n 80) [47]. 93 The People (DPP) v Eadon [2019] IESC 98, [12]. [2020] Irish Judicial Studies Journal Vol 4(1) 207 IRISH JUDICIAL STUDIES J......
-
Recommended Irish reforms to the law of murder from the perspective of the Model Penal Code
...15 10 King v Attorney General [1981] I.R. 233 at 242, quoting O Dalaigh CJ in The People v O’Callaghan [1966] I.R. 501 at 509 11 [1977] I.R. 360 12 People (DPP) v Murray [1977] I.R. 360 13 Law Reform Commission (hereinafter “LRC”) 14 Law Reform Commission, Homicide: Murder and Involuntary M......
-
Crime control, the security state and constitutional justice in Ireland
...Attorney General and Another; PG vIreland, Attorney General and Another [200] 4 IR 1 at 25 per Denham J. Seealso People (DPP) vMurray [1977] IR 360.8. [2006] 4 IR 1.9. Section 2 of the same Act provided that where the girl was aged under 17 at the time of the intercourse, the offence waspun......
Get Started for Free