DPP -v- B [2011] IECCA B30 (7 April 2011)

DPP -v- B [2011] IECCA B30 (7 April 2011)

The defendant continues to suffer from paranoid schizophrenia and is in need of in-patient care or treatment in a designated centre. The court is therefore obliged under s.5(2) of the Criminal Law (Insanity) Act 2006 to order his continued detention in the Central Mental Hospital until further order under s.13.

Citation
[2011] IECCA B30
Parties
Prosecutor: Director of Public Prosecutions; Defendant: W. B.
Jurisdiction
Ireland
Judgment Date
07 April 2011
Procedural Posture
Criminal / Post Verdict, Sentencing/order Following Special Verdict of Not Guilty by Reason of Insanity
Outcome
Defendant ordered to continue detention in the Central Mental Hospital for in-patient care or treatment until further order under s.13 of the Criminal Law (Insanity) Act 2006.
Legal Topics
Insanity Defence, Detention in Designated Centre, Mental Disorder, Criminal Law (insanity) Act 2006, Mental Health Act 2001
Criminal Law Mental Health Law Insanity Defence Detention in Designated Centre Mental Disorder Criminal Law (insanity) Act 2006 Mental Health Act 2001

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Parties

Director of Public Prosecutions

Prosecutor

W. B.

Defendant

Procedural Posture

Criminal / Post Verdict, Sentencing/order Following Special Verdict of Not Guilty by Reason of Insanity

Legal Issues

  1. 1 Whether the defendant continues to suffer from a mental disorder within the meaning of the Mental Health Act 2001
  2. 2 Whether the defendant is in need of in-patient care or treatment in a designated centre under s.5(2) of the Criminal Law (Insanity) Act 2006

Ratio Decidendi

The defendant continues to suffer from paranoid schizophrenia and is in need of in-patient care or treatment in a designated centre. The court is therefore obliged under s.5(2) of the Criminal Law (Insanity) Act 2006 to order his continued detention in the Central Mental Hospital until further order under s.13.

Court Disposition

Defendant ordered to continue detention in the Central Mental Hospital for in-patient care or treatment until further order under s.13 of the Criminal Law (Insanity) Act 2006.

Orders

  • Defendant to be detained in the Central Mental Hospital as a designated centre for in-patient care or treatment pursuant to s.5(2) of the Criminal Law (Insanity) Act 2006, until an order is made under s.13.