Courts / Sligo / Report
DPP appeals finding that rape accused is unfit to stand trial
Summary
In March 2015, Mr Justice Paul Carney ruled that a 40‑year‑old man with intellectual disabilities was unfit to stand trial for rape. The Director of Public Prosecutions (DPP) appealed this finding in the Court of Appeal on 1 March 2016. Counsel Marjorie Farrelly argued that one psychiatrist had shown the man had untreated depression, but a third psychiatrist had found no evidence of depression on the day of assessment. Justice George Birmingham said the appeal should be dismissed, noting it challenged a factual finding of the Central Criminal Court. Farrelly also raised a second ground, questioning whether the judge had sent the man to inpatient or outpatient care after ruling him unfit. Justice John Edwards noted the DPP's interest in revisiting the man's fitness, and the court would reserve judgment on this second ground. The Court of Appeal will give reasons later.
Who, what, where, when and why
What: Report matter: DPP appeals finding that rape accused is unfit to stand trial. Procedural stage: appeal
When:
- March 3, 2015 Hearing Or Sentence
- 2016-03-01 Publication
Case subjects
Appellant
Places mentioned
- Central Criminal Court
- Court of Appeal
Topics
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