With the unbelievable suspended sentence handed down to a woman
http://www.rte.ie/news/2010/0217/brennanm.html
who deliberately brought a knife with her to a party and then killed her brother with it - how can murder convictions be achieved in this country?
Obviously I've not been in court to hear the full evidence but it just seems to me amazing the number of manslaughter convictions achieved where pre-meditation was involved.
My understanding of the difference between murder and manslaughter is that for murder, there has to be proof of intent. In other words, if the prosecution could prove that when this girl left her house with the knife that it was her intention to kill her brother then it's murder. The prosecution could not prove that. Indeed, the judge said that she carried the knife for her own protection which indicates that she was scared of her brother (who had already assaulted one women at that party that night). Hence in this case, the conviction for manslaughter. In fairness to this girl, knowing that you had stabbed your own brother to death, regardless of what he was like, is a life sentence that she will have to carry and deal with until the day she dies herself.