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Machete attack jury must consider if mental disorder should result in manslaughter verdict

Summary

A jury in Dublin must decide whether Patrick McDonagh, 52, who killed 73‑year‑old Peter McDonald in a brutal machete attack, should be convicted of murder or manslaughter on the basis of a mental disorder. Mr Justice Michael MacGrath instructed the jury that if they find the prosecution has proved all elements of murder, they must then consider the defence of diminished responsibility under the Criminal Law (Insanity) Act 2006. The defence must prove it is probable that McDonagh had a mental disorder that substantially reduced his responsibility. Two psychiatrists gave conflicting diagnoses: Professor Patricia Casey, representing the defence, said McDonagh suffered acute schizophrenia; Dr Mary Davoren, for the prosecution, argued any abnormality was likely due to cannabis use. The judge emphasised the jury's role in determining responsibility, not the experts, and urged them to weigh all evidence, including witnesses describing McDonagh's behaviour before and after the killing. Patrick McDonagh pleaded not guilty. Peter McDonald pleaded not guilty.

Who, what, where, when and why

What: Report matter: Machete attack jury must consider if mental disorder should result in manslaughter verdict. Charges or matters: murdering his next-door neighbour Peter McDonald (73) on Whitechapel Road on July 25th, 2020; murder but guilty to manslaughter. Procedural stage: trial

When:

• July 25th, 2020 Hearing Or Sentence
• 2024-02-07 Publication

Case subjects

Places mentioned

Topics

Drugs Stage Trial Violent Crime

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Read the original CNI report