Dispiriting lack of legislation on provocation defence

A Supreme Court judge has said it is “dispiriting”, despite difficulties with the defence of provocation in Irish law being identified several times over at least 15 years, there has been no “legislative response”.

It “may not be sufficiently appreciated just how significant these difficulties are”, Mr Justice Donal O’Donnell said. His remarks about the defence of provocation generally were made in a Court of Criminal Appeal judgment quashing the conviction of a Limerick man for the murder of his partner at their home in Craughwell, Co Galway, in July 2005.

A retrial was ordered in the case of Kieran Lynch, aged 50, of Francis St, Askeaton, Co Limerick.