An occasional commentary on some aspects of criminal law in Ireland.
Sunday 14 February 2010
Lillis case changes irish murder laws
OK watch this space for some points on this, law changed in relation to jury deliberations and verdict. Interesting, also the whole nature of the state's prosecution of murder and the defence's battle to obtain a manslaughter verdict.
Why was Lillis not charged with obstructing or perverting the course of justice over his false accusation and fingering of the Gardener?
Normally this is not a matter for the trial judge but what about the slandering of the gardener, too implicit to ground a legal action, civil or criminal?
Why was the jury told that they had to give some reason for the manslaughter verdict? new EU law decision but is it compatible with a common law jury trial?
was the judge's charge too heavily weighted in favour of the defence? he had to re charge them.
was the garda treatment of the accused mistress too preferential? has this created a second category of witness that will get special treatment in future?
Should mandatory life sentences be dropped as they are preventing irish juries form finding for a verdict of murder?
instead they are increasingly plumping for what they perceive to be a lesser finding eg murder.
Why was Lillis not charged with obstructing or perverting the course of justice over his false accusation and fingering of the Gardener?
ReplyDeleteNormally this is not a matter for the trial judge but what about the slandering of the gardener, too implicit to ground a legal action, civil or criminal?
Why was the jury told that they had to give some reason for the manslaughter verdict? new EU law decision but is it compatible with a common law jury trial?
was the judge's charge too heavily weighted in favour of the defence? he had to re charge them.
was the garda treatment of the accused mistress too preferential? has this created a second category of witness that will get special treatment in future?
Should mandatory life sentences be dropped as they are preventing irish juries form finding for a verdict of murder?
instead they are increasingly plumping for what they perceive to be a lesser finding eg murder.
in reality how could this be a mere manslaughter?