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Court "compelled" to quash driver's manslaughter verdict in "exceptional" case
Summary
In a 2019 case, the Court of Appeal quashed a jury verdict that convicted Polish driver Dariusz Alchimionek, 44, of manslaughter and assault after he allegedly caused the death of 19‑year‑old John Gorman and injured Gorman's brother Adam on 29 December 2015. The incident occurred when Alchimionek's vehicle crossed the road into the path of the brothers' car near Ballycrystal, Offaly. Both prosecution and defence psychiatrists, working at the Central Mental Hospital, agreed that Alchimionek met the criteria for not‑guilty by reason of insanity. The jury, after 2 hours 50 minutes of deliberation, returned a 11‑to‑1 guilty verdict, leading to a nine‑year sentence with a three‑year suspended portion. Alchimionek's lawyers appealed on the ground that the verdict was "perverse" and contrary to the evidence. Dariusz Alchimionek was found not guilty by reason of insanity.
Who, what, where, when and why
What: Report matter: Court "compelled" to quash driver's manslaughter verdict in "exceptional" case. Procedural stage: appeal. Findings: Not guilty by reason of insanity
When:
- December 29, 2015 Incident
- October 2017 Hearing Or Sentence
- 2019-02-19 Publication
Why: " He said the quashing of a jury's verdict because it was perverse was "very exceptional", reflecting "the primacy of the jury in our system of criminal justice". CNI source report
Case subjects
Defendant
Finding: Not guilty by reason of insanity
Outcome: Not guilty by reason of insanity; Alchimionek was then sentenced to nine years imprisonment with the final three suspended by Judge Keenan Johnson in October 2017.; The case was put back a week to allow both sides consider the decision and to provide any up-to-date information on the availability of a bed in the Central Mental Hospital.
Places mentioned
- Court of Appeal
- Co Offaly. Tullamore Circuit Criminal Court
- Tullamore
- Barrow Way
- Spa
- Spa Street
- Portarlington
- Tullamore
- Central Mental Hospital
Topics
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