Attorney General (The People) v Fennell (No. 1)

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: Court of Criminal Appeal

(C.C.A.),

The People (Attorney-General)

and

Fennell (No. 1)

Defence of insanity -Onus of proof - Voluntary statement made before charge preferred - Admissibility on subsequent charge of murder - Power of Court of Criminal Appeal to set aside verdict of "guilty"and enter plea of "guilty but insane" - Courts of Justice Act, 1924, s. 35.

The accused, a private soldier in the Defence Forces, was found guilty of the murder of a fellow-soldier and sentenced to death. His defence was that when he committed the act he was insane, and was not responsible in law for his act. On appeal to the Court of Criminal Appeal, it was contended on his behalf that the trial Judge misdirected the jury as to the onus of proof which rests upon the accused who raises such a defence, and Sodeman v. The KingUNK [1936] W. N. 190, was relied upon for the proposition that the onus of proof of insanity was no greater than the...