FE-1 Criminal Law 2

Question 1

What is the offence of murder under Irish criminal law?

Accepted Answer

The unlawful killing of another person with the intention to kill or cause serious injury

Answer

Any killing of another person

Answer

Killing another person through negligence

Answer

Killing in the heat of passion

Question 2

What is the defence of insanity under Irish criminal law following the Criminal Law (Insanity) Act 2006?

Accepted 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

Answer

The accused has any diagnosed mental illness

Answer

The accused was under extreme stress at the time of the offence

Answer

The accused was intoxicated at the time of the offence

Question 3

Under the Non-Fatal Offences Against the Person Act 1997, what constitutes assault causing harm?

Accepted Answer

An assault that causes harm to another person, where harm means injury to body or mind including pain and unconsciousness

Answer

Any physical contact with another person

Answer

Only attacks that result in hospitalisation

Answer

Verbal threats that cause emotional distress

Question 4

What is joint enterprise liability in Irish criminal law?

Accepted Answer

Where two or more persons participate in a common criminal purpose, each may be liable for offences committed in furtherance of that purpose

Answer

Where two people are charged with the same offence

Answer

Where a company and its director are jointly charged

Answer

Where liability is shared equally between all accused persons

Question 5

What is the right to silence under Irish constitutional and criminal law?

Accepted 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

Answer

An accused must answer all police questions

Answer

Silence is an admission of guilt

Answer

The right to silence only applies during trial, not during questioning

Question 6

Under Irish law, what is the offence of manslaughter?

Accepted Answer

An unlawful killing that does not amount to murder, either through lack of intent (involuntary) or due to provocation/excessive self-defence (voluntary)

Answer

Any accidental killing

Answer

A killing that occurs during a robbery

Answer

A killing committed while intoxicated