What are the legal potential issues here?

What are the legal issues in this case?

  • Summary Of Case The applicant herein was charged on the 14th October, 2004 at Funshinaugh Cross, Claremorris, Co. Mayo, he did murder John Ward, a member of the travelling community who, on the date in question, had come unsolicited with his son Tom Ward to the applicant’s house. The trial took place in July, 2005 before Carney J sitting in the Central Criminal Court in Castlebar Courthouse. At the conclusion of the trial on the 20th July, 2005, the jury returned a verdict of manslaughter, the applicant having pleaded not guilty to this act. The applicant is a bachelor aged 60 who at the time lived alone on a 65 acre farm at Funshinaugh. The applicant had developed major anxieties that his house would be burgled and that he himself might be harmed or killed by intruders. There was a basis for these fears. Considerable evidence was given during the course of the trial that there had been thefts and burglaries in the area in 2004. While listening to the radio he heard the sound of a vehicle in the driveway. He went out and found Mr. Tom Ward sitting alone in the driver’s seat of a car and revving the engine in a loud manner. The applicant asked Tom Ward what he was doing on his property. Mr. Ward indicated he was enquiring as to whether or not a white car on the applicant’s property was for sale. The applicant was suspicious that Mr Ward was not alone and asked where “his mate was”. Mr Ward told him that his father, John Ward, had gone around the back of the house “to take a look”. He went round the back and, on then seeing John Ward pushing open the back kitchen door of the house, retrieved a loaded single barrel shotgun from a nearby shed. The applicant gave evidence that as he approached John Ward, a shot was accidentally discharged from the gun which hit John Ward in the lower right loin area and right hand. According to the applicant, John Ward then threw himself at the applicant and a ferocious physical struggle ensued. At some point the applicant managed to pick up a length of wood with which he struck John Ward repeatedly across the head and upper body. Mr Ward suffered a fractured arm in his efforts to defend himself. Mr. Ward had called out to his son for assistance but at this point, Mr. Ward junior left the scene in the vehicle. Mr. Ward senior appears to have been a man of considerable strength who had much experience of fighting. He was also a man with a number of previous convictions, including convictions for burglary, and evidence was given at trial that he was a man of violent disposition. John Ward remained conscious at all stages of the assault and began to limp or run from the property. As he did so, the applicant returned to the shed and retrieved more cartridges and reloaded the shotgun. He followed Mr. Ward out onto the public roadway and there fired a further shot at him from a few yards distance and it was this second shot which proved fatal. Realising that Mr. Ward was dead, the applicant picked up his body and threw it into an adjoining field. He then went to a neighbour’s house from where the gardaí were called and the applicant met them at the farm and indicated exactly what had taken place.The applicant’s defence at trial was one of self-defence. The jury retired to consider their verdict on the 20th July, 2005. Having deliberated, the jury returned a verdict of not guilty of murder but guilty of manslaughter on a unanimous basis. Thereafter the learned trial judge imposed a sentence of six years imprisonment to date from the 11th November, 2005. what are the legal issues? please help me i dont really understand what legal issues are? even if you can just give one example of a legal issue please. thanks, :)

  • Answer:

    The assault..if this is for a college class..get a study group together, and have some further discussions on this, speak to your professor..

its me , yes me, not u ! at Yahoo! Answers Visit the source

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