Incitement to commit suicide

LowKeyReturn

Just trying to link two parts of my notes together here, I'm obliged for any help. I'm perhaps missing something obvious but am I right in thinking inciting someone to commit suicide is not an offence?

Criminal Law (Suicide) Act, 1993

2.—(1) Suicide shall cease to be a crime.

(2) A person who aids, abets, counsels or procures the suicide of another, or an attempt by another to commit suicide, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding fourteen years.

(3) If, on the trial of an indictment for murder, murder to which section 3 of the Criminal Justice Act, 1990 applies or manslaughter, it is proved that the person charged aided, abetted, counselled or procured the suicide of the person alleged to have been killed, he may be found guilty of an offence under this section.

(4) No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.

2(2) seems to require an actual suicide or an attempt, as there is no crime of suicide (by virtue of the same act) there can be no incitement if I'm not mistaken?

johnnyskeleton

I would imagine that counsels or procures would cover he type of situation where one persons words encourage the suicide of another.

Tom Young

johnnyskeleton wrote: »

I would imagine that counsels or procures would cover he type of situation where one persons words encourage the suicide of another.

Incitement usually falls into the category of an inchoate offence, or incomplete offence.

Common Law incitement consisted of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime.

Suicide is not considered a crime in the old sense s.2(1), but assisting - as outlined is.

Considering that, and the specifics in the Act and when considered alongside Secondary Liability/complicity, then matters should be clearer.

S.2(2) was the subject of a challenge in the Fleming case. Read that.

For an exam, I would deal with incitement under the inchoate heading and consider the 1989 Act.

Tom Young

Tom Young wrote: »

Incitement usually falls into the category of an inchoate offence, or incomplete offence.

Common Law incitement consisted of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime.

Suicide is not considered a crime in the old sense s.2(1), but assisting - as outlined is.

Considering that, and the specifics in the Act and when considered alongside Secondary Liability/complicity, then matters should be clearer.

S.2(2) was the subject of a challenge in the Fleming case. Read that.

For an exam, I would deal with incitement under the inchoate heading and consider the 1989 Act.

Example:

R v Tyrell [1894] 1 QB 710 which stated that where a statutory offence is designed to protect a particular class of individuals against themselves, they cannot, as the victims, commit such offences against themselves. In Tyrell, the girl was not guilty of inciting the man to have under-age sex with her, since the girl could not herself be guilty of the full offence.

Apply to suicide ... If you can, or not.

LegalEagleCork

Have a look at case law and academic commentary on assisted dying, very similar area, decriminalisation of suicide sometimes fuels arguments that assisted dying should be legal too on grounds of disability rights equality but the subsection you quoted clearly precludes assisted death.

LowKeyReturn

My thinking is more along the lines of cyberbullying/people trying to convince depressed people to kill themselves (has happened). I know there are probably simpler ways to prosecute those offenses but I thought I might engage in this academic exercise.

Thank you all for your replies.