David Prendergast

Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences

Associate Professor

College Green

Dublin 2

Ireland

http://people.tcd.ie/dprender

  • Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences

SCHOLARLY PAPERS

22

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4,730

TOTAL CITATIONS

2

Scholarly Papers (22)

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1.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 779 (65,051)

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

2.

The Constitutionality of Strict Liability Offences

(2011) 33 Dublin University Law Journal 285
Number of pages: 35 Posted: 01 Feb 2014
David Prendergast
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 674 (78,415)

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

3.

Gross Negligence Manslaughter in Irish Law

(Forthcoming 2014) 37 Dublin University Law Journal
Number of pages: 10 Posted: 08 Apr 2014
David Prendergast
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 649 (82,609)

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

4.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 312 (194,449)

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

5.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 285 (213,956)

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

6.

Constitutional Control of Vague Criminal Law

2017 DULJ
Number of pages: 31 Posted: 30 Jun 2019
David Prendergast
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 259 (235,585)

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

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 163 (362,153)

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8.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 142 (405,628)

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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

9.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 138 (414,770)

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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

10.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 135 (421,945)

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

11.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 132 (429,377)

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mens rea, criminal defences, subjectivism, sexual offences

12.

Judicial Stewardship of the Provocation Defence in People (DPP) v McNamara

(2021) 3 Irish Supreme Court Review 69
Number of pages: 26 Posted: 27 Jan 2023 Last Revised: 13 Apr 2023
David Prendergast
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 130 (434,627)

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provocation, murder, manslaughter, loss of control, criminal defense, excuse, criminal law, justification, partial defense, common law

13.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 130 (434,627)

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

14.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 130 (434,627)

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

15.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 120 (462,039)

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

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 110 (493,141)

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

17.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 108 (499,750)

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

18.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 102 (520,804)
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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

19.

The Conventionality of Constitutional Law

Dublin University Law Journal, 2015
Number of pages: 7 Posted: 02 Feb 2016
David Prendergast
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 83 (593,153)

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

20.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 60 (703,061)

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

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 52 (750,038)

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

22.

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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences
Downloads 37 (856,978)

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

Other Papers (1)

Total Downloads: 0
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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
Trinity College (Dublin) - Faculty of Arts, Humanities and Social Sciences

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clemency, justice and mercy, death penalty, penology