Court of Appeal dismisses appeal of murder conviction where appellant drove her Volkswagon Passat car, with the deceased in the front passenger seat, through a barrier and railing at Arklow harbour and into deep water, finding that: 1) the jury was left in no doubt as to the difference between the ingredients required to convict for murder, on the one hand, and manslaughter (to the extent that it could arise in the particular case), on the other hand; 2) the trial judge’s decision to admit the evidence of the two nurses who spoke with the appellant after the incident was correct; 3) there was no requirement for a corroboration warning as the confession evidence (if indeed it amounted to such) was not without corroboration; and 4) there was no basis for criticising the trial judge in relation to his direction to the jury regarding suicide, circumstantial evidence, reasonable doubt and the jury verdict.
Criminal law – appeal of murder conviction – deceased had allegedly been infatuated with the appellant and harassed her – appellant drove her Volkswagon Passat car, with the deceased in the front passenger seat, through a barrier and railing at Arklow harbour and into deep water – section 10 of the Criminal Procedure Act 1993 – trial judge’s charge as to the verdicts available to the jury – “The Judges Charge in Criminal Trial”, Coonan & Foley – jury were left in no doubt as to the difference between the ingredients required to convict for murder on the one hand, and manslaughter (to the extent that it could arise in the particular case) on the other hand – extent to which the defence case was put to the jury – admissibility of the nurses’ evidence – Evidence (2nd edition), Declan McGrath – there was no requirement for a corroboration warning as the confession evidence (if indeed it amounted to such) was not without corroboration – there is no basis for criticising the learned trial judge in relation to his direction to the jury regarding suicide, circumstantial evidence, reasonable doubt and the jury verdict – appeal dismissed.