Courts / Roscommon / Report
Man successfully appeals acquittal for murdering his mother by reason of insanity
Summary
Paul Henry, a 29-year-old Roscommon man, has successfully appealed his acquittal for the murder of his mother, Ann Henry, at The Spinney, Abbeystown, in September 2011. Henry had originally pleaded not guilty to the charge. At the Central Criminal Court in Castlebar, a jury found him not guilty by reason of insanity, resulting in his commitment to the Central Mental Hospital by Mr Justice Paul Carney in May 2014. Henry sought a retrial to plead and potentially be convicted of manslaughter by reason of diminished responsibility, aiming for a determinative sentence rather than indefinite detention. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice John Edwards, ordered a retrial. The court found an "element of misdirection" by the trial judge regarding the burden of proof. The judgment clarified that where the prosecution contends for a verdict of not guilty by reason of insanity, the prosecution must prove this on the balance of probabilities. The court noted that the previous outcome led to heavy medication and indefinite detention, whereas a murder conviction would result in a different prison regime. The retrial is scheduled to be listed in the Central Criminal Court in two weeks. This case is noted as the first in Ireland to address the standard of proof for this specific prosecution-led insanity verdict.
Who, what, where, when and why
What: Report matter: Man successfully appeals acquittal for murdering his mother by reason of insanity. Charges or matters: her murder at The Spinney, Abbeystown, Roscommon in September 2011. Procedural stage: appeal. Findings: Not guilty by reason of insanity
When:
- September 2011 Hearing Or Sentence
- May 7, 2014 Hearing Or Sentence
- 2015-05-01 Publication
Why: The Court of Appeal first determined that it had jurisdiction to consider the appeal because it is a Constitutional court in contrast to its predecessor, the Court of Criminal Appeal. CNI source report
Case subjects
Convicted Person
Charges: her murder at The Spinney, Abbeystown, Roscommon in September 2011 (Alleged Or Contested)
Plea: Not guilty
Finding: Not guilty by reason of insanity
Outcome: Not guilty by reason of insanity; Mr Henry had sought a retrial so he could 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 had 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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