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Court of Appeal dismisses appeal against conviction for murder, finding that: (a) the trial judge had been correct to refuse the application for a directed verdict of 'guilty of manslaughter'; (b) although the only account as to what had taken place emanated from the appellant, there were numerous matters of fact that arose for consideration and all relevant issues of fact were rightly left to the jury; (c) while some garda witnesses accepted that aspects of the appellant’s account were consistent with other evidence, it had not and could not have been conceded that the account provided by the appellant was correct as to the manner of and reasons for the killing; and (d) it was fundamental to the partial defence of provocation that the accused actually intended to kill or cause serious injury.
Appeal against conviction for murder - victim found on a beach with multiple injuries - appellant initially left the jurisdiction but then came voluntarily to gardaí - appellant initially denied having met victim but later admitted killing him - appellant had invited victim to his house to drink alcohol after meeting him in town that evening - only account of the appellant's actions was his own account that he had acted due to self-defence and/or provocation and/or insanity - defence of provocation relied upon at trial - application made by defence counsel for a direction - whether there was insufficient evidence of intent to kill or cause serious injury - whether trial judge ought to have directed the jury to reach a verdict of guilty of manslaughter - whether in all the circumstances the trial was unfair and unsatisfactory.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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