INTERNATIONAL PROGRAMME ON CHEMICAL SAFETY ENVIRONMENTAL HEALTH CRITERIA 73 PHOSPHINE AND SELECTED METAL PHOSPHIDES This report contains the collective views of. Background Exposure to methylmercury from fish consumption has been linked to a potentially increased risk of cardiovascular disease, but evidence from prior studies. The incubation period of measles, from exposure to prodrome, averages 10–12 days. From exposure to rash onset averages 14 days (range, 7–21 days). Objective To compare the risk of non-fatal venous thromboembolism in women receiving oral contraceptives containing drospirenone with that in women receiving oral. An error occurred while setting your user cookie. Please set your. browser to accept cookies to continue. This cookie stores just a. ID; no other information is captured. Accepting the NEJM cookie is. A Law Reform Commission report on Non- Fatal Offences Against The Person. THE LAW REFORM COMMISSIONAN COIMISI. It is an independent body consisting of a President and four other members appointed by the Government. The Commissioners at present are: The Hon. Hederman, former Judge of the Supreme Court, President; John F. Buckley, Esq., B. A., LL. B., Solicitor; William R. Duncan, Esq., M. A., F. T. C. D., Barrister- at- Law, Professor of Law and Jurisprudence, University of Dublin, Trinity College; Ms. Maureen Gaffney, B. A., M. A. O'Leary, Esq., B. A., Barrister- at- Law. The Commission's programme of law reform, prepared in consultation with the Attorney General, was approved by the Government and copies were laid before both Houses of the Oireachtas on 4th January, 1. The Commission has formulated and submitted to the Taoiseach or the Attorney General forty four Reports containing proposals for the reform of the law. Carbon dioxide (CO 2) is a toxic gas at high concentration, as well as an asphyxiant gas (due to reduction in oxygen). Irritation of the eyes, nose. Important note on future data: Beginning with the 2015 reference year, final data from the Census of Fatal Occupational Injuries (CFOI) will be released in December. Advice from Risk Assessment Steering Group. Criteria of priority: there is the probability of exposure; and/or; there is significant toxicity/ ecotoxicity. Research from JAMA — Fatal and Nonfatal Outcomes, Incidence of Hypertension, and Blood Pressure Changes in Relation to Urinary Sodium Excretion. It has also published eleven Working Papers, seven Consultation Papers and Annual Reports. Details will be found on pp.
Nuala Egan, B. C. L., LL. M. Jonathan Newman, LL. B., LL. M. Lia O'Hegarty, B. C. L., LL. M. Stephen's Green,Dublin 2. Telephone: 6. 71 5. Fax No: 6. 71 5. 31. THIS IS AN ORIGINAL PAGE- BREAK: PAGE NUMBER=iii. This Report was submitted on the 4th February 1. Attorney General, Mr. Whelehan, S. C., pursuant to section 4(2)(c) of the Law Reform Commission Act, 1. It embodies the results of an examination into the law concerning Non- Fatal Offences Against The Person carried out by the Commission at the request of the former Attorney General, Mr. John Rogers, S. C., together with the proposals for reform which the Commission was requested to formulate. While these proposals are being considered in the relevant Government Departments, the Attorney General has requested the Commission to make them available at this stage to the public, in the form of this Report, so as to enable informed comments or suggestions to be made by persons or bodies with special knowledge of the subject. THIS IS AN ORIGINAL PAGE- BREAK: PAGE NUMBER=v. CHAPTER 1: CRIMES AGAINST BODILY INTEGRITY AND CRIMES OF ENDANGERMENT2- 8. The Constitutional Background. Assault And Battery At Common Law (Common Assault)7. The Requirement Of Force. Use Of Force In Arrest And Questioning. Use Of Force In Theft- Related Offences. Lawful Correction/Discipline. Servants, apprentices and mariners. Necessary Defence And The Prevention Of Crime. General And Transferred Intention. Omissions And Supervening Fault. Statutory Offences Under The 1. Act: 5. 1Assault occasioning actual bodily harm (s. Unlawful wounding, etc. Crimes of violence and endangerment. The Commission's Approach. The Interests Sought To Be Protected. Assault: A Simple Scheme. Threats To Kill Or Cause Serious Injury. Coercion And Harassment. Strangling And Rendering Unconscious. Infecting With Disease. Leaving the present law unchanged. Withdrawing the criminal sanction from bodily harm that is inflicted consensually. A specific offence for consensual infliction of bodily harm. Negligence And Constructive Liability. Servants, Apprentices And Mariners. Correction Of Children. THIS IS AN ORIGINAL PAGE- BREAK: PAGE NUMBER=xi. Offences Against Children And Servants. Firearms And Offensive Weapons. B. Crimes against personal liberty. The Commission's Approach. CHAPTER 1. 0: SUMMARY OF RECOMENDATIONS3. List of persons from whom submissions were received. LIST OF COMMISSION PUBLICATIONS3. THIS IS AN ORIGINAL PAGE- BREAK: PAGE NUMBER=xii. INTRODUCTION(i)The law relating to offences against the person is among the areas of criminal law which the Attorney General has asked the Commission to examine. The Commission has already reported on dishonesty, receiving stolen goods, rape, malicious damage, child sexual abuse, sexual offences against the mentally handicapped, the confiscation of the proceeds of crime and the indexation of fines.(ii)We decided to divide our study of offences against the person into two reports, one on non- fatal offences, the other on criminal homicide, and to deal first with non- fatal offences. We began by preparing a Discussion Paper on non- fatal offences which sets out the existing law mainly to be found in the Offences Against the Person Act, 1. We also sought views on certain specific questions. This Discussion Paper was circulated among a number of persons and bodies having particular expertise in this area, including judges, barristers, solicitors, academics, the Director of Public Prosecutions' Office, the Department of Justice, the Garda. As a result, the Commission received a number of detailed and helpful commentaries in writing on the Discussion Paper. We are most grateful to all who assisted us. A list of those who sent us submissions is to be found in Appendix A.(iii)We have since reviewed the entire subject in the light of these consultations. This Report contains our final recommendations for reform of the law. The Commission takes sole responsibility for these recommendations. In the first part of the Report, we examine the present law, and in the second, the law in some other jurisdictions. The third part contains our proposals for reform. THIS IS AN ORIGINAL PAGE- BREAK: PAGE NUMBER=1. PART I: THE PRESENT LAWCHAPTER 1: CRIMES AGAINST BODILY INTEGRITY AND CRIMES OF ENDANGERMENTThe Constitutional Background. Under Article 4. 0. Although this freedom of the person has been held to include freedom from the unlawful application of force or violence,1 this aspect of security of the person has come to be considered in Irish constitutional law as the separate right to bodily integrity, one of the unenumerated personal rights guaranteed by Article 4. However, the Supreme Court went on to recognise that the. Dullaghan v Hillen and King . Fawsitt J.). 2. Ryan v A. G. This approach mirrors the scheme under the European Convention on Human Rights . Kenny J.). THIS IS AN ORIGINAL PAGE- BREAK: PAGE NUMBER=2. State had . Yet, as will be seen, this is not always the case. The freedom of the person from torture,1. Article 4. 0. 3. 1. There is, however, no statutory or common law offence of torture in Ireland. In this connection, although it is not ordinarily the function of the courts to extend the scope of the criminal law, . Walsh J.); State (C) v Frawley . State (Mc. Donagh) v Frawley . State (Richardson) v Governor of Mountjoy Prison . State (Comerford) v Governor of Mountjoy Prison . See Casey, Constitutional Law in Ireland (2nd ed., Sweet & Maxwell, 1. Forde, Constitutional Law of Ireland (1. See also Crowley v Ireland . Mc. William J.) and X and Y v Netherlands, Series A no. The existence of a constitutional right has been held to imply a duty in others not to infringe that right, see Hamilton P. Kingsmill Moore J.); State (C) v Frawley, supra, n. Murray v Ireland . Costello J.). 1. 3State (C) v Frawley, supra, n. A. G. 5. 50. THIS IS AN ORIGINAL PAGE- BREAK: PAGE NUMBER=3whether the purpose of such treatment is relevant. Although Article 3. Constitution extends also to the protection of the State's interest in effective criminal processes,1. Article to be tried in due course of law. Moreover, the importance of the right to bodily integrity does not mean that the traditional standards of proof may be relaxed in proceedings concerned with offences against the person. In this respect, although the basis for and the conduct of a prosecution will enjoy a presumption of constitutionality,2. In addition to requiring the particular offence charged to be clear and accessible,2. These considerations must also be borne in mind in looking to the reform of the existing corpus of offences of violence and endangerment. Statutory Origins. Historically, offences against the person other than homicide were treated by the common law with surprising lenience, especially when compared to the severity of punishment provided for property offences. Originally classified as torts rather than crimes,2. Certain acts of violence were subsequently made felonies by occasional and limited enactments which tended to look either to the identity of the victim, such as Privy Councillors,2. In State (C) v Frawley, supra, n. Finlay P. At least in respect of torture, however, this may be now be open to question, see Duffy, Article 3 of the European Convention on Human Rights (1. I. C. L. Q. 3. 84; The State (Hayden) v Good . O'Connor v D. P. P. Hanrahan v Merck Sharp and Dohme (Ireland) Ltd. Eccles v Ireland . Sir James Fitzjames Stephen, A History of the Criminal Law of England (1. The principles applicable in tort remain important for the criminal law, particularly with respect to the definition of the actus reus, see the remarks of De Grey C. J. 8. 92 at 8. 99. Stephen, op cit, p. THIS IS AN ORIGINAL PAGE- BREAK: PAGE NUMBER=4the exportation of corn. The first general Act providing for the capital punishment of many of the worst forms of bodily violence and attempts to commit murder was passed in 1. So far as related to England, this Act, together with the earlier enactments, was repealed and re- enacted with additions in 1. Geo. 4, c. 3. 1 and again in 1. Will 4, and 1 Vic c. The effect of these statutes was to convert into capital felonies all desperate attacks upon the person and attempts to commit murder which resulted in actual bodily injury while creating a separate class of non- capital felonies for those offences which involved only an unsuccessful attempt to inflict such injuries. Furthermore, whereas prior to 1. Act 9 Geo. 4 c. 3. These provisions were repealed and re- enacted in an extended form as regards both England and Ireland by the Offences Against the Person Act, 1. Of its seventy- nine sections, ten deal with murder and manslaughter (which remain defined by common law), five with different attempts to commit murder, and the rest with other violent offences. All attempts to murder, whether by the actual or attempted infliction of bodily injury or the administration of poison, were taken out of the list of capital crimes by the 1.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. Archives
January 2017
Categories |