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Browsing Law by Author "Coffey, Gerard"

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Browsing Law by Author "Coffey, Gerard"

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  • Coffey, Gerard (Sage Publications, 2009)
    What constitutes an intention to commit a criminal offence has proven to be a notoriously difficult concept to define.1 The issue as to whether the accused intended the consequences of the prohibited act or omission ...
  • Coffey, Gerard (Clarus Press on behalf of School of Law, Trinity College Dublin, 2008)
    The principle of double jeopardy operates as a proscription against retrials for the same criminal offence following a trial on the merits by a court of competent criminal jurisdiction concluding in an acquittal or ...
  • Coffey, Gerard (Thomson Reuters (Professional) Ireland Ltd, 2006)
    The commission of criminal offences has conventionally been responded to by the criminal justice system with the imposition of punishment in the form of a term of imprisonment, which may be accompanied by a pecuniary ...
  • Coffey, Gerard (Clarus Press on behalf of School of Law, Trinity College Dublin, 2007)
    The common law principle against retrials, generally referred to as “the rule against double jeopardy,” proscribes retrials for the same criminal offence following a trial on the merits by a court of competent criminal ...
  • Coffey, Gerard (Thomson Reuters (Professional) Ireland Ltd., 2016)
    The common law did not consider possession a constituent element of the actus reus based on the idea that possession was not equated with the external manifestation of mens rea. However, with the development of the ...
  • Coffey, Gerard (Thomson Reuters (Professional) Ireland Ltd, 2006)
    Double jeopardy jurisprudence evolved in the common law in response to the inherent deficiencies in medieval criminal procedure and the draconian punishments imposed on defendants. This common law principle proscribes ...
  • McCutcheon, Paul J; Coffey, Gerard (Hart Publishing Oxford, 2008)
    The distinctive feature of the sentence of life imprisonment is that it is indeterminate. Unlike a prisoner serving a fixed term the life sentence prisoner does not know when, if ever, he or she will be released. Moreover, ...
  • Coffey, Gerard (Thomson Reuters (Professional) Ireland Ltd.,, 2009)
    The common law principle against double jeopardy is a proscription against retrials for the same criminal offence following a trial on the merits by a court of competent criminal jurisdiction.1 The Minister for Justice, ...
  • Coffey, Gerard (University College Cork, 2013)
    The ancient common law prohibition on multiple trials, known as the double jeopardy principle or its Latin equivalent nemo debet bis vexari, is a procedural defence that prohibits the prosecution of an accused for a ...
  • Coffey, Gerard (Thomson Reuters (Professional) Limited, 2008)
    With the continued expansion of the European Union and the free movement of persons, there is potential for increased cross-border crime and the associated difficulties with concurrent prosecutorial jurisdictions for the ...
  • Coffey, Gerard (2005)
    The practical effect of the common law principle against double jeopardy is the proscription against retrials for the same criminal offence following an acquittal or conviction.2 Pleading double jeopardy3 is not to be ...
  • Coffey, Gerard; McCutcheon, Paul J (Irish Human Rights Commission, 2006)
    This report evaluates the determination of life sentences in the light of the European Convention of Human Rights and the associated jurisprudence of the European Court of Human Rights. The principal conclusion is that ...
  • Coffey, Gerard (2013)
    The manner of establishing criminal jurisdiction by domestic courts of competent criminal jurisdiction presents one of the most important aspects of the relations between states and international tribunals. The analyses ...
  • Coffey, Gerard (Thomson Reuters (Professional) Ireland, Ltd, 2016)
    Protection against retrials for the same criminal offence is a fundamental principle of criminal justice and procedure in legal systems concerned with securing due process of law. The ancient common law prohibition on ...
  • Coffey, Gerard (Thomson Reuters (Professional) Ireland Ltd.,, 2006)
    The victim of crime1 is not an active participant per se in the criminal justice system. The victim is effectively a third party whose input to the criminal justice process is confined to that of being an informant2 and ...

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