Courts / Offaly / Report
Guilty jury verdict in insanity case causing DPP difficulty, appeal court hears
Summary
The Court of Appeal has adjourned the appeal of Dariusz Alchimionek, a Polish national convicted of manslaughter and assault causing harm in 2015. Alchimionek, who was sentenced to nine years' imprisonment with the final three years suspended by Judge Keenan Johnson in October 2017, challenges his conviction on the ground that the jury's verdict was perverse. The case presents a procedural difficulty for the Director of Public Prosecutions, as both prosecution and defence psychiatrists agreed Alchimionek met the criteria for a finding of not guilty by reason of insanity. Despite this, the jury returned majority guilty verdicts. Counsel for the DPP, Michael Delaney SC, stated the Director is conducting further enquiries and seeking a new psychiatric opinion, which will take several weeks. Defence counsel Kenneth Fogarty SC noted the charged atmosphere in the Circuit Court and Alchimionek's preference for detention in the Central Mental Hospital over Wheatfield Prison. President Mr Justice George Birmingham, sitting with Ms Justice Máire Whelan and Mr Justice Patrick McCarthy, put the matter back for case management on November 30. The court indicated it would attempt to secure an early hearing date if necessary, though this may not be possible. The matter remains adjourned and is not concluded.
Who, what, where, when and why
What: Report matter: Guilty jury verdict in insanity case causing DPP difficulty, appeal court hears. Procedural stage: appeal. Findings: Not guilty by reason of insanity
When:
- December 29, 2015 Incident
- October 2017 Hearing Or Sentence
- November 30 Hearing Or Sentence
- 2018-10-15 Publication
Case subjects
Defendant
Finding: Not guilty by reason of insanity
Outcome: Not guilty by reason of insanity; The accused was then sentenced nine years imprisonment with the final three suspended by Judge Keenan Johnson in October 2017.
Places mentioned
- Court of Appeal
- Co Offaly. Tullamore Circuit Criminal Court
- Tullamore
- Barrow Way
- Spa
- Spa Street
- Portarlington
- Tullamore
- Central Mental Hospital
- Wheatfield Prison
Topics
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