Courts / Kildare / Report
Convicted murderer's alcohol dependency diminished his responsibility, appeal court hears
Summary
In the appeal of Michael McDonald, a 56‑year‑old alcoholic who murdered his ex‑girlfriend Breda Cummins in 2010, the Court of Appeal was presented with an argument that alcohol dependence could diminish responsibility for murder. McDonald admitted stabbing Cummins six times but denied murder, and the defence claimed his responsibility was reduced by schizoaffective disorder. The jury rejected this and convicted him of murder, sentencing him to mandatory life imprisonment. On appeal, barrister Michael Lynn SC argued that both prosecution and defence psychiatric experts agreed McDonald suffered from alcoholism or alcohol dependence syndrome, yet the condition was excluded from the Criminal Justice (Insanity) Act 2006. Lynn contended this exclusion deprived McDonald of a significant defence and caused a fundamental injustice. Director of Public Prosecutions counsel Orla Crowe SC countered that the experts agreed the condition did not fall within the statute and that no evidence linked alcoholism to the murder.
Who, what, where, when and why
What: Report matter: Convicted murderer's alcohol dependency diminished his responsibility, appeal court hears. Procedural stage: appeal
When:
- May 13, 2010 Hearing Or Sentence
- November 23, 2012 Hearing Or Sentence
- 2019-07-25 Publication
Places mentioned
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