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Farmer who murdered student appeals conviction claiming prosecution ought to have proved he did not have diminished responsibility

Summary

Joe Heffernan, a 35‑year‑old farmer from Cappagh Beg, was convicted of murdering 21‑year‑old student Eoin Ryan in 2011 and sentenced to life imprisonment by Mr Justice Patrick McCarthy in 2013. Heffernan now appeals, arguing that the prosecution should have proved he did not suffer from diminished responsibility at the time of the offence. His counsel, Padraig Dwyer SC, contended that the burden of proof for the absence of a mental disorder lies with the prosecution, citing the Criminal Law Insanity Act 2006. Dwyer argued that the defence must obtain a direction from the judge that mental issues are present, after which the prosecution must prove beyond a reasonable doubt that the accused was not mentally disordered. The Director of Public Prosecutions, Bernard Condon SC, maintained that the statute places the burden on the defence. The Court of Appeal will reserve its decision. Joe Heffernan pleaded not guilty.

Who, what, where, when and why

What: Report matter: Farmer who murdered student appeals conviction claiming prosecution ought to have proved he did not have diminished responsibility. Charges or matters: the murder of Eoin Ryan whose body was found in a barrel on Heffernan's farm at Cappagh Beg on June 7 2011. Procedural stage: appeal. Findings: Found guilty

When:

• June 7 2011 Hearing Or Sentence
• July 3, 2013 Hearing Or Sentence
• 2015-03-25 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

Related court reports

• Clare farmer jailed for life for murder of student Eoin Ryan loses appeal

Read the original CNI report