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The manslaughter of a violent but unarmed intruder.

  • 27-10-2022 12:08am
    #1
    Registered Users, Registered Users 2 Posts: 4,593 ✭✭✭


    The defendant was found not guilty of murder but guilty of manslaughter.

    In the incident, he killed the intruder, who was unarmed but still violent to the defendant and also to the defendant's mother.

    Unarmed intruders can still kill with their bare hands. So why would the jury regard the use of a knife in self-defence in this case as excessive?



«1

Comments

  • Registered Users, Registered Users 2 Posts: 26,716 ✭✭✭✭Peregrinus


    We don't know, is the short answer, because jury deliberations are confidential.

    Plus, all of the media reports that I get from a quick google are of the sentencing phase of the trial, where the evidence put to the jury is only summarised. We don't know the full evidence the jury considered.

    For example, where and at what point did the stabbing happen? Did the defendant stab the assailant while, e.g., the assailant's hands were round his throat? Or had the fighting stopped at that point? Was the assailant trying to leave when he was stabbed? Did the defendant follow him outside and stab him there? We don't know the answers to any of those questions. The jury will have heard evidence on issues like that. We don't know what that evidence was, and we don't know what they made of that evidence.



  • Registered Users, Registered Users 2 Posts: 924 ✭✭✭thegame983


    Dpp have a hard on for charging people for murder in self defence cases. That Brazilian guy a few months ago being charged was a joke



  • Registered Users, Registered Users 2 Posts: 8,507 ✭✭✭cml387


    Had I been in the jury, I would have been troubled by the presence of a kitchen knife in the bedroom.

    If the stabbing had occurred in the kitchen it would be reasonable to pick up a kitchen knife in self defence.

    Not so reasonable if the knife was already in the bedroom in the expectation of an attack.



  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭Viscount Aggro


    On news reports, he is shown walking into the court complex. How can this guy be out free, when he killed someone?



  • Registered Users, Registered Users 2 Posts: 2,212 ✭✭✭Thinkingaboutit


    Their attitude essentially strips away any basic human entitlement to self defence. When someone attacks, the man or woman defending will do what is needed to stop the attack. A careful effort to avoid excessive harm would mean the attack continues, or really is impossible. Go to prison if the attacker is killed, or they will try their hardest to see that happening.



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  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,256 CMod ✭✭✭✭magicbastarder


    it wasn't the DPP who returned the verdict though, it was the jury.

    this is an interesting detail:

    The judge said he had received a number of reports in relation to Kerrie, including a probation report that assessed him as being at moderate risk of violent offending in the future

    obviously there's no further detail there, but that conclusion was probably not reached in a vacuum.



  • Registered Users, Registered Users 2 Posts: 26,716 ✭✭✭✭Peregrinus


    He wasn't out free. He was remanded in custody after conviction last July, pending sentencing.



  • Registered Users, Registered Users 2 Posts: 4,593 ✭✭✭political analyst


    Why do the media not tell the whole story about evidence in criminal cases?



  • Registered Users, Registered Users 2 Posts: 40,537 ✭✭✭✭ohnonotgmail


    It is a story about the sentencing hearing of the case. it only includes a summary of the case to that point. you would need to look for reports of the trial stage.



  • Registered Users, Registered Users 2 Posts: 20,275 ✭✭✭✭Donald Trump


    No. When someone is killed and another person is responsible, murder is the charge.

    Manslaughter may be found if murder cannot be established. Self-defence can be a mitigating factor. It can also reduce murder to voluntary manslaughter. But they have to start with murder.



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  • Moderators, Society & Culture Moderators Posts: 9,735 Mod ✭✭✭✭Manach


    Given the circumstances, based on the OP media report, the defendant seems to have had a reasonable fear of his life. As for the knife,offhand based on my poorly remembered lectures it is permissible to make reasonable preparations to defend oneself is allowed (ie having the knife in ones own room is legally allowed).



  • Registered Users, Registered Users 2 Posts: 4,680 ✭✭✭jackboy


    From the reports I heard he was prosecuted because his story regarding the knife was not believed. As he was believed to be lying the chances of a significant sentence was high so no surprise with the outcome.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,256 CMod ✭✭✭✭magicbastarder


    regarding the presumption of innocence; speaking generally, when the defendant has admitted they killed the deceased and there is no question about that; where does the burden of evidence then lie?

    i.e. can the defendant say 'i did it in self defence and you've to prove otherwise' (pure 'innocent until proven guilty')

    or is it a case that the defendant has to make a credible case as it to being self defence (which would arguably push the burden of proof back onto the defendant)?



  • Registered Users, Registered Users 2 Posts: 980 ✭✭✭Palmach


    Should have walked free. Someone invades your house they face the consequences.



  • Registered Users, Registered Users 2 Posts: 25,841 ✭✭✭✭Strumms


    I’d disagree. If an intruder forces his way into a property and then a bedroom in the early hours of the morning….. It’s reasonable to presume that there will be people there, sleeping… and it’s reasonable to assume he will do people harm in order to meet his goals of escape. He used force to access the property and would have used it against people if required to exit / rob them.

    It’s not like the guy sneaked into the kitchen, robbed a box of petty cash whatever and was chased for a kilometre and stabbed.

    he chose to enter a their sleeping quarters, a bedroom, a with a person asleep…and he paid the price. If he had done the same here, the same result all be it by slightly different method of defence would have materialised.

    goes to show people how abjectly cretinous and useless these judges of ours are. Totally divorced from reality. No understanding or interest in fairness… the criminals are almost seen as some sort of victim, criminalising and jailing people for defending their homes themselves and families … it really is becoming a poxy hell hole of a country….



  • Registered Users, Registered Users 2 Posts: 40,537 ✭✭✭✭ohnonotgmail




  • Registered Users, Registered Users 2 Posts: 25,841 ✭✭✭✭Strumms


    Well, the knife was taken from the bedroom, and at 3.30 am my presumption was that is where people were.



  • Registered Users, Registered Users 2 Posts: 40,537 ✭✭✭✭ohnonotgmail


    The knife was taken from the bedroom. the accused got out of bed and went down to the hallway with the knife.



  • Registered Users, Registered Users 2 Posts: 4,680 ✭✭✭jackboy


    I think this is the part of the story that was not believed by the judge.



  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭Viscount Aggro


    He was walking around free for the past 4 years.. thats the scary part.

    See on RTE news coverage, he was walking into the court building.



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  • Registered Users Posts: 589 ✭✭✭CrookedJack


    People tend to get quite confused by the role of the judge and jury in trials like these. It is the jury who would believe or disbelieve a "story". The judge rules on legal issues and sentencing.



  • Registered Users, Registered Users 2 Posts: 4,593 ✭✭✭political analyst


    Why did he lie about where he got the knife from?



  • Registered Users, Registered Users 2 Posts: 9,881 ✭✭✭John_Rambo


    They can store recordings and replay them on the TV and on the internet. You saw a recording of him walking on a street, that's in the past but in present time he's in gaol.



  • Registered Users, Registered Users 2 Posts: 1,293 ✭✭✭Viscount Aggro


    He was walking into the CCJ building as a free man.

    Unless the footage was him aged 16 on a school tour of the building.



  • Registered Users, Registered Users 2 Posts: 6,837 ✭✭✭Allinall


    Likewise, if someone kills another, they face the consequences.



  • Registered Users, Registered Users 2 Posts: 15,640 ✭✭✭✭Witcher


    He's been in custody since he was found guilty earlier in the year.



  • Registered Users, Registered Users 2 Posts: 638 ✭✭✭cheese sandwich


    That’s incorrect. The DPP can charge someone with manslaughter rather than murder. It’s pretty rare but it has happened. Such cases are prosecuted in the Circuit Court rather than the Central Criminal Court



  • Registered Users, Registered Users 2 Posts: 20,275 ✭✭✭✭Donald Trump


    I did not say that they cannot charge the person with manslaughter. Read it again. What I said is correct. They will charge with murder because manslaughter is "included for free" anyway.


    You might also be thinking of infanticide or something like criminal negligence manslaughter



  • Registered Users, Registered Users 2 Posts: 14,215 ✭✭✭✭Danzy




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  • Registered Users, Registered Users 2 Posts: 14,215 ✭✭✭✭Danzy


    Sometimes the consequences should be an apology from the judge, and best wishes for the future.



  • Registered Users, Registered Users 2 Posts: 15,608 ✭✭✭✭elperello


    You could if you are a cynic.

    Personally I prefer to live in a country where the legal system provides representation to those who cannot afford to pay for it themselves.

    The days of poor defendants being hauled up before the "beak" and summarily dealt with are gone forever and that's a good thing.



  • Registered Users, Registered Users 2 Posts: 638 ✭✭✭cheese sandwich


    Stop spoofing. You said they had to charge the accused with murder. That is wrong.



  • Registered Users, Registered Users 2 Posts: 20,275 ✭✭✭✭Donald Trump



    Before you start trying to dispense legal advice, you'd be better off putting some effort into practicing learning how to read properly.

    In a case where one person stabbed another person to death and admitted to it, the correct charge was murder. The DPP does not decide upon guilt. That is for the Court to determine. All of the ingredients of murder were plausibly there. Therefore the correct charge was murder.


    Section 4 of the Criminal Justice Act:

    (1) Where a person kills another unlawfully the killing shall not be murder unless the accused person intended to kill, or cause serious injury to, some person, whether the person actually killed or not.

    (2) The accused person shall be presumed to have intended the natural and probable consequences of his conduct; but this presumption may be rebutted.


    If you manage to read that far, it says, in another way, that if you kill someone you are presumed to have intended to kill the person. You can rebut that (i.e. prove otherwise). Killing someone with intention is murder. You will be given a chance to rebut that in court. Not at the DPP stage. A killing may be found lawful in self-defence. But again, let the Court decide that



  • Registered Users, Registered Users 2 Posts: 7,727 ✭✭✭GerardKeating




  • Registered Users, Registered Users 2 Posts: 7,727 ✭✭✭GerardKeating


    Not sure why where the knife was should/would have mattered. Keeping a weapon in a bed room because of a fear of attack is not totally unreasonable. I am sure he is not the only person on this island who does that. Some people might even have a knife in bed because they were eating something in bed that needed a knife.

    But at the end of the day, the Jury had the power to find for self defense if they wanted, but they did not.



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  • Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    You can't have people killing people, simply because they invade their house.



  • Registered Users, Registered Users 2 Posts: 26,716 ✭✭✭✭Peregrinus


    If the defendant raises self-defence as a defence to the charge, the burden of proof his on the defendant. He has to produce evidence showing that he acted in self-defence. In general, the same goes for any other defence that a defendant may rely on in relation to any charge.



  • Registered Users, Registered Users 2 Posts: 26,716 ✭✭✭✭Peregrinus


    Even prisoners in custody cannot teleport. Imagine! They walk in and out of buildings just like ordinary human beings.

    (What was broadcast could have been library footage taken when he arrived for his trial, earlier this year. Or, he could have been brought to the courthouse from prison this morning and then e.g. gone into a meeting with his lawyers, and have returned to the courthouse with them for the sentencing hearing. Prisoners in custody aren't necessarily in chains; a security assessment is made of what precautions are required.)

    Post edited by Peregrinus on


  • Registered Users Posts: 1,034 ✭✭✭Swaine


    More to this than we are being told, of course most people read the headline and spout sh1te.

    This lad was a lying scummer by all accounts.



  • Registered Users, Registered Users 2 Posts: 26,716 ✭✭✭✭Peregrinus


    You could, but you'd be both cynical and wrong. Criminal defence work is a tiny part of the legal industry, it's not very well-paid, and most lawyers never do any at all.



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  • Registered Users, Registered Users 2 Posts: 26,716 ✭✭✭✭Peregrinus


    There's two issues:

    First, court reports tell you what went on in the courtroom on the day that they are reporting on. They stick to this because they enjoy legal protection from e.g. defamation actions if they report strictly what was said at the day's hearing. So a court report of sentencing proceedings tells you want was said and done at the sentencing proceedings. If you want to read what was said and done at the trial, which was several months ago, you'd need to go back and find and read court reports published each day during the trial.

    Secondly, journalism is expensive. Newspaper revenue streams have been badly hit by declining circulation and declining advertising income. So they employ fewer journalists. You need stuff to put on the pages to go between the ads, but it's much cheaper to fill that space with opinion pieces, infotainment, press releases and agency feeds than to employ professional journalists to actually go out and write stories. To run a court report you have to pay a professional journalist to sit in court, all day, to produce just a few column-inches of just one story. When revenue streams were fat serious newspapers could and did do that, but now they have to make choices about how much journalism to pay for, and where to deploy their increasingly scarce journalistic resources. The result is significantly less court reporting than there used to be.

    (I don't know if this case was the subject of daily court reports each day during the trial. But many cases are not.)



  • Registered Users, Registered Users 2 Posts: 490 ✭✭getoutadodge


    Agree. This case should never have been brought. Any intruder forfeits all rights once they enter a home.



  • Registered Users, Registered Users 2 Posts: 78,494 ✭✭✭✭Victor


    Even if they are 6 years old?

    A Garda with a search warrant?

    A paramedic or fire fighter?



  • Registered Users, Registered Users 2 Posts: 2,349 ✭✭✭Markus Antonius


    The moment someone puts their foot across a threshold uninvited and with sinister intentions then all is fair in my opinion. Nally case set a precedent for this.

    However, when seeing the lad in this case with a cheeky grin at the cameras when on the way into court, is not a good image for this stand point. We could do without this...



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,256 CMod ✭✭✭✭magicbastarder


    'sinister intentions' is doing a lot of heavy lifting there. Do you mean you should be able to beat a burglar to death? Because it's unclear if that's what you mean.



  • Registered Users, Registered Users 2 Posts: 490 ✭✭getoutadodge


    Cmon.... you know exactly what I mean by "intruder". Santa coming down the chimney should be added to your list for effect



  • Registered Users, Registered Users 2 Posts: 40,537 ✭✭✭✭ohnonotgmail


    because of this part

    there is a further provision which requires that the reaction to the intruder is such that another reasonable person in the same circumstances would likely employ.

    The jury did not believe that his reaction was reasonable.



  • Registered Users, Registered Users 2 Posts: 20,275 ✭✭✭✭Donald Trump



    In you opinion, who should decide on what is an "intruder" in any given case?

    Should it be the Court, or a civil servant?

    Or do you just want a system where one person call call the Guards and tell them to pick up the body of the person they claim was intruding when they stabbed them to death on their property?



  • Registered Users, Registered Users 2 Posts: 40,537 ✭✭✭✭ohnonotgmail


    the jury heard all of the evidence. you haven't.



  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,256 CMod ✭✭✭✭magicbastarder


    i would be curious if a 'did you have a opportunity to run' argument can be a factor, because common sense says it should.

    if you are genuinely in fear of your life, and you have an oppotunity to flee, that's the obvious option to take; because attacking the intruder is far more likely to lead to you coming to serious harm, than fleeing would.



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