David Prendergast

School of Law, Trinity College Dublin

Lecturer in Law

College Green

Dublin 2

Ireland

http://people.tcd.ie/dprender

SCHOLARLY PAPERS

21

DOWNLOADS
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SSRN CITATIONS

1

CROSSREF CITATIONS

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Scholarly Papers (21)

1.

Gross Negligence Manslaughter in Irish Law

(Forthcoming 2014) 37 Dublin University Law Journal
Number of pages: 10 Posted: 08 Apr 2014
David Prendergast
School of Law, Trinity College Dublin
Downloads 445 (92,135)

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legality, constitutional legality, gross negligence manslaughter, void-for-vagueness, mens rea

2.

The Constitutionality of Strict Liability Offences

(2011) 33 Dublin University Law Journal 285
Number of pages: 35 Posted: 01 Feb 2014
David Prendergast
School of Law, Trinity College Dublin
Downloads 427 (96,677)

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substantive criminal law, strict liability, presumption of innocence, legality, constitutionality of criminal law, legal theory, presumption of mens rea

3.

Limiting Consent in Criminal Law: DPP v Brown [2018] IESC 67

Number of pages: 22 Posted: 22 Mar 2021 Last Revised: 24 Mar 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 294 (145,630)

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consent, legal theory, assault, offence, defence, vitiation, criminal law, criminal law theory, Irish Supreme Court

4.

Subjectivism in Criminal Culpability and Sexual Offences Reform

(2018) 2 Criminal Law and Practice Review 99
Number of pages: 18 Posted: 30 Jun 2019
David Prendergast
School of Law, Trinity College Dublin
Downloads 137 (290,157)

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subjectivism in criminal law, criminal culpability, sexual offences, honest belief defence, mens Rea, Irish criminal law

5.

Constitutional Control of Vague Criminal Law

2017 DULJ
Number of pages: 31 Posted: 30 Jun 2019
David Prendergast
School of Law, Trinity College Dublin
Downloads 127 (307,293)

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legality, void for vagueness, criminal law, certainty in criminal law, Irish constitution

6.

Strict Liability and the Presumption of Mens Rea after CC v Ireland

(2011) 46 Irish Jurist 211
Number of pages: 11 Posted: 01 Feb 2014 Last Revised: 16 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 103 (355,632)

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presumption of mens rea, strict liability, irish constitutional law, criminal law, constitutional law, legal theory

7.

What is the Test for Self-Defence in Fatal Cases?

Irish Law Times, Forthcoming
Number of pages: 12 Posted: 02 Feb 2016 Last Revised: 16 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 98 (367,423)

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8.

Article 16 of the Irish Constitution and Judicial Review of Electoral Processes

Cahillane, Gallen, Hickey, Judges, Politics and The Constitution (Manchester University Press 2016) (Forthcoming)
Number of pages: 18 Posted: 02 Feb 2016
David Prendergast
School of Law, Trinity College Dublin
Downloads 64 (468,370)

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judicial review, constitutionalism, comparative constitutional law, constitutional law, Irish constitutional law, Irish electoral law, legal theory, constitutional theory

9.

Recklessness Without the Risk

David Prendergast, ‘Recklessness Without the Risk’ (2020) 14 Criminal Law and Philosophy 31; https://doi.org/10.1007/s11572-019-09510-y.
Number of pages: 26 Posted: 18 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 62 (475,812)

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mens rea, recklessness, unjustified risk-taking, subjectivism in criminal law, criminal culpability, inchoate liability, impossible attempts

10.

The Judicial Role in Protecting Democracy from Populism

German Law Journal (2019), 20, pp. 245–262
Number of pages: 25 Posted: 01 Jul 2019
David Prendergast
School of Law, Trinity College Dublin
Downloads 55 (503,266)
Citation 1

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populism and democracy, constitutional review and separation of powers, perfecting and protecting democracy, judicial review, constitutional review, populism, democracy, constitutional law, political process, process theory, John Hart Ely

11.

The Presumption Pertaining to Murder Mens Rea in Section 4(2) of the Criminal Justice Act 1964

(2018) 60 Irish Jurist 167
Number of pages: 14 Posted: 30 Jun 2019 Last Revised: 16 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 54 (507,397)

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Murder mens rea, presumption of intent, natural and probable consequences, s.4 of the Criminal Justice Act 1964, common law presumption

12.

The Conventionality of Constitutional Law

Dublin University Law Journal, 2015
Number of pages: 7 Posted: 02 Feb 2016
David Prendergast
School of Law, Trinity College Dublin
Downloads 53 (511,615)

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constitutionalism, constitutional theory, legal philosophy, Irish constitutional law, constitutional law

13.

A Critical Review of the Court of Appeal Interpretation of Self-Defence in the Non-Fatal Offences Against the Person Act 1997

(2018) 28(3) Irish Criminal Law Journal 58
Number of pages: 10 Posted: 30 Jun 2019 Last Revised: 17 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 43 (557,574)

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self-defence, victims' rights, Court of Appeal of Ireland, criminal law, non-fatal offences against the person act 1997, subjectivism in criminal law

14.

Recent developments in criminal defences and mens rea: a retreat from subjectivism?

Criminal Law: recent developments and trends, Trinity College Dublin School of Law
Number of pages: 25 Posted: 15 Dec 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 41 (567,699)

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mens rea, criminal defences, subjectivism, sexual offences

15.

CC v Ireland – The Missing Feminist Judgment

in Enright, McAndless, O’Donoghue, Northern/Irish Feminist Judgements: Judges’ Troubles and the Gendered Politics of Identity (Hart Publishing 2017), 566-578.
Number of pages: 13 Posted: 30 Jun 2019 Last Revised: 16 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 39 (577,969)

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strict liability, feminist judgments, unlawful carnal knowledge, mens Rea, subjectivism in criminal law, criminal culpability, Irish constitutional law

16.

Defensive Killing by Initial Aggressors: People (DPP) V Barnes Revisited

(2015) 54 Irish Jurist 115
Number of pages: 21 Posted: 02 Feb 2016 Last Revised: 16 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 39 (577,969)

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Irish criminal law, self-defence law, criminal law theory, comparative criminal law, criminal law

17.

Addressing Uncertainty in the Defences of Self-Defence, Diminished Responsibility, and Provocation

(2014) Criminal Law and Practice Review (Forthcoming)
Number of pages: 19 Posted: 01 Feb 2014 Last Revised: 17 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 29 (636,465)

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criminal law, defences, self-defence, provocation, diminished responsibility, legality, fair notice, fair adjudication

18.

By-Elections and the Filling of Dáil Vacancies within a Reasonable Time – A Note on Doherty v Ireland

(2011) 34 Dublin University Law Journal 242
Number of pages: 16 Posted: 01 Feb 2014
David Prendergast
School of Law, Trinity College Dublin
Downloads 25 (664,128)

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by-elections, electoral system, democracy, constitutional law, Irish constitutional law, electoral law, judicial review of political processes, democratic representation

19.

Culpability in Careless Driving and the So-Called 'Third Category' of Criminal Offence

(2018) 4 Irish Law Times 63
Number of pages: 9 Posted: 30 Jun 2019 Last Revised: 16 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 17 (726,681)

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criminal culpability, mens Rea, strict liability, driving offences, careless driving, Irish criminal law, David O Brink,

20.

Douglas v DPP and the Constitutional Requirement for Certainty in Criminal Law

(2013) 50 Irish Jurist 235
Number of pages: 10 Posted: 01 Feb 2014 Last Revised: 16 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 7 (820,527)

Abstract:

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legality, criminal offences, vagueness, fair notice, fair adjudication, certainty in criminal law

21.

The Connection between Mental Disorder and the Act of Killing in the Defence of Diminished Responsibility

(2013) 49 Irish Jurist 202
Number of pages: 11 Posted: 01 Feb 2014 Last Revised: 16 Aug 2021
David Prendergast
School of Law, Trinity College Dublin
Downloads 5 (841,300)

Abstract:

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diminished responsibility, criminal law, criminal defences, causation, excusatory defences, mental disorder, insanity, manslaughter, murder

Other Papers (1)

Total Downloads: 0
1.

Review of Ian O’Donnell, Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland (Oxford University Press 2017)

57(4) (2018) Howard Journal of Crime and Justice 604
Posted: 01 Jul 2019
David Prendergast
School of Law, Trinity College Dublin

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clemency, justice and mercy, death penalty, penology