Courts / Dublin / Report

Jury must consider if man who stabbed daughter's partner to death could form intent

Summary

In the murder trial of Mark Whelan, 48, the judge instructed the jury that an insanity verdict was not an option and that they must decide whether Whelan could form the intent to kill. The jury was told that the prosecution and defence had accepted that Whelan killed Noel Thomas Whelan, 22, on 30 March 2019. The judge explained that the evidence did not meet the threshold for diminished responsibility or not‑guilty by reason of insanity. He asked the jury to consider whether Whelan was capable of forming the intention to cause serious harm or to kill, and if he did so on the night. The court heard defence counsel Dr Francis Kelly argue that Whelan was intoxicated, psychotic and did not know the nature of his act, while the State's witness Prof Harry Kennedy found no mental disorder, attributing his behaviour to poly‑substance abuse. The judge reminded the jury that only a unanimous verdict was available. The unnamed accused pleaded not guilty and was found not guilty by reason of insanity. Mark Whelan pleaded not guilty.

Who, what, where, when and why

What: Report matter: Jury must consider if man who stabbed daughter's partner to death could form intent. Charges or matters: murdering Noel Whelan (22) at his home on 30 March 2019; murder. Procedural stage: finding. Findings: Not guilty by reason of insanity

When:

• 30 March 2019 Hearing Or Sentence
• 2021-10-08 Publication

Why: Dr Kelly told the court that "under Section 5 [of the Criminal Law (Insanity) Act 2006] I don't think he knew what he was doing or knew the nature and quality of the act at this specific time… and I think because of the strength of his beliefs, couldn't prevent himself from committing the act," he said. CNI source report

Case subjects

Places mentioned

Topics

Stage Finding Violent Crime

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Read the original CNI report