FE-1 Criminal Law 2 — Questions and Answers
Question 1: What is the offence of murder under Irish criminal law?
- The unlawful killing of another person with the intention to kill or cause serious injury (Correct answer)
- Any killing of another person
- Killing another person through negligence
- Killing in the heat of passion
Correct answer: The unlawful killing of another person with the intention to kill or cause serious injury
Under common law as modified by statute in Ireland, murder is the unlawful killing of another human being with malice aforethought — the intention to kill or cause serious bodily harm. The mandatory sentence is life imprisonment.
Question 2: What is the defence of insanity under Irish criminal law following the Criminal Law (Insanity) Act 2006?
- The accused was suffering from a mental disorder at the time that prevented them from understanding the nature and quality of their act or knowing it was wrong (Correct answer)
- The accused has any diagnosed mental illness
- The accused was under extreme stress at the time of the offence
- The accused was intoxicated at the time of the offence
Correct answer: The accused was suffering from a mental disorder at the time that prevented them from understanding the nature and quality of their act or knowing it was wrong
The Criminal Law (Insanity) Act 2006 provides that a person is not guilty by reason of insanity if they were suffering from a mental disorder at the time of the act that prevented them from understanding the nature and quality of their act, or from knowing that it was wrong.
Question 3: Under the Non-Fatal Offences Against the Person Act 1997, what constitutes assault causing harm?
- An assault that causes harm to another person, where harm means injury to body or mind including pain and unconsciousness (Correct answer)
- Any physical contact with another person
- Only attacks that result in hospitalisation
- Verbal threats that cause emotional distress
Correct answer: An assault that causes harm to another person, where harm means injury to body or mind including pain and unconsciousness
Section 3 of the 1997 Act creates the offence of assault causing harm. 'Harm' is defined in section 1 as harm to body or mind and includes pain and unconsciousness. It is more serious than simple assault under section 2.
Question 4: What is joint enterprise liability in Irish criminal law?
- Where two or more persons participate in a common criminal purpose, each may be liable for offences committed in furtherance of that purpose (Correct answer)
- Where two people are charged with the same offence
- Where a company and its director are jointly charged
- Where liability is shared equally between all accused persons
Correct answer: Where two or more persons participate in a common criminal purpose, each may be liable for offences committed in furtherance of that purpose
Under the doctrine of joint enterprise, where persons share a common purpose to commit an offence, each participant may be convicted of that offence and of any other offence committed in the course of carrying out the common purpose that was a probable consequence.
Question 5: What is the right to silence under Irish constitutional and criminal law?
- An accused person generally has the right not to answer questions or give evidence at trial, though adverse inferences may be drawn in certain circumstances (Correct answer)
- An accused must answer all police questions
- Silence is an admission of guilt
- The right to silence only applies during trial, not during questioning
Correct answer: An accused person generally has the right not to answer questions or give evidence at trial, though adverse inferences may be drawn in certain circumstances
The right to silence is constitutionally protected in Ireland, but it has been modified by statute. Under the Criminal Justice Act 1984 (as amended), adverse inferences may be drawn from a failure to mention facts during questioning that are later relied upon at trial.
Question 6: Under Irish law, what is the offence of manslaughter?
- An unlawful killing that does not amount to murder, either through lack of intent (involuntary) or due to provocation/excessive self-defence (voluntary) (Correct answer)
- Any accidental killing
- A killing that occurs during a robbery
- A killing committed while intoxicated
Correct answer: An unlawful killing that does not amount to murder, either through lack of intent (involuntary) or due to provocation/excessive self-defence (voluntary)
Manslaughter in Irish law is divided into voluntary manslaughter (where the killing would otherwise be murder but is reduced due to provocation or excessive self-defence) and involuntary manslaughter (where the killing is unlawful but lacks the intent required for murder).
FE-1 Criminal Law 2
What is the offence of murder under Irish criminal law?