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Court of Appeal dismisses appeal of murder conviction where the appellant was found guilty of killing his mother after defence of diminished responsibility was rejected by the jury finding that the trial judge adequately directed the jury concerning the issue of his intoxication and its relevance in the assessment of his intent and the verdict was not perverse.
Criminal law – appeal of murder conviction – appellant was found guilty of killing his mother after defence of diminished responsibility as provided for by s.6 of the Criminal Law (Insanity) Act 2006 was rejected by the jury – whether he ought to have been acquitted of murder on the basis that he lacked the necessary specific intent – whether the trial judge misdirected the jury concerning the issue of his intoxication and its relevance in the assessment of his intent – whether the trial judge erred in law in directing the jury that intoxication was not a defence to a criminal charge – McAuley & McCutcheon (2000) Criminal Liability, A Grammar (Dublin: Round Hall Sweet & Maxwell) – O’Malley, T., “Intoxication and Criminal Responsibility” (1991) I.C.L.J. 86 – mens rea for murder – section 4(2) of the Criminal Justice Act 1964 – voluntary intoxication – appeal dismissed
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