Seanad debates

Thursday, 8 April 2004

Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed).

 

1:00 am

Mary Henry (Independent)

I move amendment No. 43:

In page 8, subsection (4), line 10, to delete "for murder" and substitute "for any offence which on conviction carries a sentence of imprisonment".

I was not clear why the Minister decided on murder alone. Let us suppose that the person is accused of a serious crime such as rape or a serious assault which did not go as far as killing the victim, should the accused not also be in that position? Even for lesser offences, the District Court comes into the situation. Should the accused not be able to use this section too rather than only those on trial for murder?

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