Two new homicide offences should be created and the mandatory life sentence for murder abolished, according to the Law Reform Commission.
In a report to be launched today by Mr Justice Peter Charleton, the commission proposes new offences of assault causing death and of careless driving causing death. It also reiterates a call first made 10 years ago for the possibility to vary sentences in murder cases, to reflect different levels of culpability.
The report follows two earlier consultation papers from the commission, one on The Mental Element in Murder and the other on Involuntary Manslaughter.
The law on homicide in Ireland is divided into murder and manslaughter. The first charge arises if a person intends to kill or cause serious injury to another person, who dies as a result. It carries a mandatory life sentence, whether the murder is carefully planned and executed by someone like a contract killer, or happens on the spur of the moment among people who knew each other well. The commission believes sentencing should reflect these variables.
The crime of manslaughter falls under two headings: voluntary manslaughter, where the intention is to kill but there is an excusing circumstance like provocation. The commission is working on a report on the defences that might arise here. There is also a crime of involuntary manslaughter, where the death is the result of criminal or grossly negligent behaviour, and this is a part of this report. For example, a joyrider driving at and fatally injuring a garda could face a manslaughter charge.
Manslaughter arises where there would normally be a charge of murder, but there is some extenuating circumstance which reduces the charge to manslaughter, and this can carry a sentence of up to life imprisonment, but normally falls far short of that.
A charge of manslaughter can also be brought where a person is so reckless as to the safety of others that the behaviour entailed a high risk of personal injury or death. This can arise where a person knowingly had a piece of equipment that was so defective that it led to the death of another person.
A manslaughter charge often arises when a person dies during, or as a result of, a fight. However, the commission does not think that a low level of violence should lead to a manslaughter conviction. This might arise where a single blow was delivered, which caused a person's death, but where the perpetrator had no intention of causing a serious injury. A new offence of assault causing death is proposed for these circumstances.
The commission is also proposing a new offence of careless driving causing death in addition to the crime of dangerous driving causing death.