Courts / Roscommon / Report
Life in prison might be better than in Central Mental Hospital, judge suggests in appeal brought by man against murder acquittal
Summary
A Roscommon man acquitted of his mother's murder by reason of insanity has appealed against the verdict, seeking a retrial on grounds of diminished responsibility. Paul Henry was sent to the Central Mental Hospital in May 2014 following his acquittal at Castlebar. His counsel argued the trial judge misdirected the jury on the burden of proof regarding insanity, and that the Court of Appeal has jurisdiction to order a retrial and correct the error. The Director of Public Prosecutions opposed the appeal, contending the court lacks power to retry insanity verdicts under existing legislation. During submissions at the Court of Appeal, one judge remarked that Henry might have a better life serving a prison sentence than remaining in the Central Mental Hospital. The three-judge panel reserved judgment, noting the matter would require considerable consideration. Paul Henry pleaded not guilty.
Who, what, where, when and why
What: Report matter: Life in prison might be better than in Central Mental Hospital, judge suggests in appeal brought by man against murder acquittal. Charges or matters: her murder at The Spinney, Abbeystown, Roscommon in September 2011. Procedural stage: appeal
When:
- September 2011 Hearing Or Sentence
- May 7 2014 Hearing Or Sentence
- 2015-03-05 Publication
Why: Mr Justice Sheehan put it to counsel that the only real choice a judge has in cases such as this is total release or committal to the Central Mental Hospital because there's only one such centre in the country. CNI source report
Case subjects
Convicted Person
Charges: her murder at The Spinney, Abbeystown, Roscommon in September 2011 (Alleged Or Contested)
Plea: Not guilty
Outcome: Mr Henry is seeking a retrial so he can plead and be convicted of manslaughter by reason of diminished responsibility, thereby incurring a determinative sentence rather than being under an indefinite regime at the Central Mental Hospital possibly for the rest of his life. One might say, Mr Justice Sheehan suggested, that Henry might have a better life in prison than in the Central Mental Hospital even if he gets a life sentence.
Places mentioned
- Central Criminal Court
- Court of Appeal
- Central Mental Hospital
Topics
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