Courts / Kildare / Report
Murderer's lawyers raise "interesting point" about alcoholism and diminished responsibility
Summary
The Court of Appeal dismissed Michael McDonald's appeal, which argued that his alcoholism or Alcohol Dependence Syndrome had diminished his responsibility for the murder of Breda Cummins. McDonald, 56, had admitted killing Cummins, 31, in 2010 but denied murder, and was convicted of murder in 2012 with a mandatory life sentence. His defence at trial claimed diminished responsibility due to schizoaffective disorder; the jury rejected this and found him guilty. In the appeal, his barrister Michael Lynn SC presented psychiatric experts who agreed McDonald suffered from alcoholism but also agreed it did not fall within the Criminal Justice (Insanity) Act 2006 definition of diminished responsibility. The Court of Appeal, led by Mr Justice George Birmingham, held that the argument was raised too late, was not raised at trial, and could not be pursued at appellate level. The appeal was dismissed, with the court affirming the trial judge's rulings and the verdict as safe and proper.
Who, what, where, when and why
What: Report matter: Murderer's lawyers raise "interesting point" about alcoholism and diminished responsibility. Procedural stage: appeal
When:
- May 13, 2010 Hearing Or Sentence
- November 23, 2012 Hearing Or Sentence
- 2019-11-28 Publication
Case subjects
Defendant
Outcome: He was accordingly given the mandatory life sentence by Ms Justice Iseult O'Malley on November 23, 2012.
Places mentioned
- Court of Appeal
- The Central Criminal Court
Topics
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