D.P.P.-v- Yusif Ali Abdi [2004] IECCA 47 (06 December 2004)

D.P.P.-v- Yusif Ali Abdi [2004] IECCA 47 (06 December 2004)

Where insanity is pleaded and defence experts opine on the mental state and brutality of the act, prosecution psychiatrists may counter with opinions on motive if grounded in evidence; such testimony is admissible and does not improperly intrude on the jury's role.

Citation
[2004] IECCA 47
Parties
Prosecution: Director of Public Prosecutions; Defendant/appellant: Yusif Ali Abdi
Jurisdiction
Ireland
Judgment Date
06 December 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Conviction
Outcome
application for leave to appeal dismissed
Legal Topics
Insanity Defence, Admissibility of Expert Evidence, Role of Jury, Psychiatric Testimony
Criminal Law Insanity Defence Admissibility of Expert Evidence Role of Jury Psychiatric Testimony

Case Brief

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Parties

Director of Public Prosecutions

Prosecution

Yusif Ali Abdi

Defendant/appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Conviction

Legal Issues

  1. 1 Whether a psychiatrist may give evidence as to the motive of the accused in an insanity case
  2. 2 Whether the trial judge erred in repeating the psychiatrist's opinion on motive to the jury

Ratio Decidendi

Where insanity is pleaded and defence experts opine on the mental state and brutality of the act, prosecution psychiatrists may counter with opinions on motive if grounded in evidence; such testimony is admissible and does not improperly intrude on the jury's role.

Court Disposition

application for leave to appeal dismissed

Orders

  • Application for leave to appeal against conviction for murder is dismissed.