Courts / Offaly / Report

Man committed to Central Mental Hospital after killing verdict declared "perverse"

Summary

The case of Dariusz Alchimionek (44), a Polish national from Portarlington, Co Laois, has been adjourned to March 7 for mention following a ruling by the Court of Appeal. The Court of Appeal found the jury verdict of guilty on charges of manslaughter and assault causing harm to be 'perverse' and against the weight of the evidence. Alchimionek had previously been found not guilty by reason of insanity by the jury, but the verdict was overturned. Consultant psychiatrists from both the prosecution and defence agreed that Alchimionek met the criteria for not guilty by reason of insanity. The trial judge had instructed the jury to consider this option, but the jury returned a majority guilty verdict of 11-1 on both counts. Alchimionek was sentenced to nine years imprisonment with the final three suspended by Judge Keenan Johnson in October 2017. The Court of Appeal quashed the verdict and considered the possibility of a retrial or substituting the appropriate verdict. However, the court decided against a retrial, citing the public interest and the likelihood of the same outcome. Alchimionek was committed to the Central Mental Hospital for assessment, with the most recent medical report from July 2017. The matter was adjourned to March 7 for mention.

Who, what, where, when and why

What: Report matter: Man committed to Central Mental Hospital after killing verdict declared "perverse". Procedural stage: appeal. Findings: Not guilty by reason of insanity

When:

• December 29, 2015 Incident
• October 2017 Hearing Or Sentence
• July 2017 Other
• March 7 Other
• 2019-02-26 Publication

Why: President of the Court of Appeal Mr Justice George Birmingham said the quashing of a jury's verdict because it was perverse was "very exceptional" but the court felt "compelled to do so" in this case. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report