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Not Guilty by reason of Insanity

  • 01-08-2015 2:04am
    #1
    Nokia6230i
    Registered Users, Registered Users 2 Posts: 1,861 ✭✭✭


    In light of the most recent case where such a verdict occurred, that of Saverio Bellante, is there any way of knowing who's in the CMH following on from initial murder charges as he is?

    Mr.Bellante will now go to effectively serve his time in the CMH.

    It could actually mean longer in the CMH than if he'd been committed of murder, since a life sentence these days is 22 Years, as long as the psychiatrists & others on the multi-disciplinary team deem him unfit for release.

    Is there an option after 5 or 10 years of appeal, like there would be for TR/Parole in jails (in life sentences it's 7 years before application for parole will be considered)?

    Also is the option of guilty but insane as was imposed upon John Gallagher still on the statute books?

    Because if so surely this Bellante case was a guilty but insane one; I'm kind of shocked at the not guilty part; the insanity I can live with.

    Apart from Bellante & Gallagher are there any other guilty or not guilty but insane/by reason of insanity cases people can think of please?

    There was a case in Naas where a woman was stabbed at the taxi rank that might come under one of those headings but I can't recall his name.


Comments

  • #2
    sam34
    Closed Accounts Posts: 8,073 ✭✭✭sam34


    The new criminal law insanity act replaced the 'guilty but insane' verdict to 'not guilty by reason of insanity'. There's also a verdict involving 'diminished responsibility' but offhand I can't recall the exact wording, and I think it doesn't apply to murder charges, only lesser offences. Similarly I think (but am not 100% sure) that 'not guilty by reason of insanity' only applies to murder charges.


  • #3
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    sam34 wrote: »
    The new criminal law insanity act replaced the 'guilty but insane' verdict to 'not guilty by reason of insanity'. There's also a verdict involving 'diminished responsibility' but offhand I can't recall the exact wording, and I think it doesn't apply to murder charges, only lesser offences. Similarly I think (but am not 100% sure) that 'not guilty by reason of insanity' only applies to murder charges.

    Diminished responsibility applies only to murder and reduces it to manslaughter.


  • #4
    etymon
    Closed Accounts Posts: 467 ✭✭etymon


    Nokia6230i wrote: »
    In light of the most recent case where such a verdict occurred, that of Saverio Bellante, is there any way of knowing who's in the CMH following on from initial murder charges as he is?

    The CMH is a hospital... full of patients... this would be like ringing up Beaumont and asking for their patient list. Major breach of confidentiality.


  • #5
    Nokia6230i
    Registered Users, Registered Users 2 Posts: 1,861 ✭✭✭Nokia6230i


    etymon wrote: »
    The CMH is a hospital... full of patients... this would be like ringing up Beaumont and asking for their patient list. Major breach of confidentiality.

    Thanks. I meant perhaps to enquire was there a legal list of such cases or a book on same perhaps?

    Pure curious like.


  • #6
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,987 ✭✭✭✭Peregrinus


    Nokia6230i wrote: »
    Thanks. I meant perhaps to enquire was there a legal list of such cases or a book on same perhaps?

    Pure curious like.
    There's no comprehensive list of persons who are now in CMH following a "not guilty by reason of insanity" verdict.

    By trawling through newspaper archives you could compile a list of all those who have been found not guilty by reason of insanity. But I don't think there's any way to find which of them are currently in the CMH. Their treatment in the CMH is a medical matter, not a penal one, and it's private. I don't think you could easily find out even which of them are still alive.


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