Court of Appeal dismisses appeal of murder conviction which occurred at social gathering, on the grounds that: a) the trial judge properly admitted evidence of a statement made by the appellant at the time of his arrest notwithstanding his intoxicated state; and b) the trial judge adequately instructed the jury in relation to intoxication and specific intent.
Criminal law – appeal of murder conviction – whether the trial judge erred in admitting evidence of a statement made by the appellant at the time of his arrest notwithstanding his intoxicated state – whether the judge erred in misdirecting the jury in relation to intoxication and specific intent – whether the appellant's level of intoxication prevented him from forming the requisite intent for the offence of murder – pre-arrest statement and the judge’s charge in relation to intoxication – the trial judge was fully entitled to admit the evidence of what was said in the kitchen in Carlow – fact that the appellant was so intoxicated that he was not in a fit condition to be interviewed or interrogated does not mean that there is anything wrong in the Gardaí recording what he had chosen to say – jury were properly charged – appeal allowed.