Results 7,541-7,560 of 10,319 for speaker:Jim O'Callaghan
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Yes. One cannot do this without going to court.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: In terms of the current situation, what happens now is slightly ambiguous from the family's point of view. Although we say that a constructive trust will be held for the benefit of the deceased's estate, people are not aware of that.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Why is Professor Mee so opposed to discretion?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Yes.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: How do we assess the benefit then?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: That would be quite complicated.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Does Professor Mee think there should be legislation?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: What about making it a penalty or part of a sentence for murder?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: What about it? If we approach it in a different way, from the criminal court-----
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Let us say we have a situation where a couple has no children, one of them is responsible for killing the other and they have a joint tenancy. Let us assume that he inherits the interest in the asset.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Yes, his half. What happens when he dies?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: What if there are no children? That becomes his asset.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: He gets the benefit of his wrongful act. Is that the case?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: I would have thought he had an interest in a joint tenancy.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Now he has a full interest in that joint tenancy, or rather there is no longer a joint tenancy and his interest is full.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: What about on the other side?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: What if there are no children?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Sorry, I know Mr. Byrne was trying to get in.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: I thank Ms Doyle for that intervention. She has articulated the matter far better than I have. Professor Mee made several points. I will take them on board but I do not think it means the legislation is condemned. Professor Mee made the point that it does not apply to any person who aids, abets, counsels or procures the commission of an offence. I am conscious of the discussion within...
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: It is from the date the offence was committed.