Mum who knifed man to death loses appeal over jail sentence
Eight-year prison sentence is upheld Court told of her ‘psychotic episode’
A Mum-of-three who stabbed a man to death outside her home during a psychotic episode has lost an appeal against the severity of her eight-year prison sentence.
Christina Anderson, 41, of Brownsbarn Wood, Kingswood, Dubli, had never met 38-year-old Gareth Kelly when she twice attacked him.
She stabbed the father-of-seven, pictured, five times in total, while he tried to start his car outside her home early on February 25, 2020.
She was initially charged with murder and pleaded not guilty by reason of insanity. In January last year, more than one month into her trial, the
Director of Public Prosecutions accepted a plea of guilty to manslaughter by reason of diminished responsibility due to a mental disorder.
The State accepted
Anderson was experiencing a psychotic episode due to bipolar affective disorder but did not qualify for the full defence of a not guilty by reason of insanity verdict under the Criminal Law (Insanity) Act.
The State also accepted cannabis intoxication “does not feature” in the offence despite telling the trial jury a central issue was whether Anderson’s actions were driven by mental illness or cannabis intoxication.
Her lawyer Michael O’higgins SC had argued at the three-judge Court of Appeal that sentencing judge, Ms Justice Karen O’connor, did not correctly assess the level of his client’s moral culpability. He said a previous decision by the Court of Appeal had stated where diminished responsibility arises as a defence, moral culpability can be “extinguished altogether”.
In Anderson’s case, counsel said “moral culpability is at the lowest possible point”.
He drew the court’s attention to a report by consultant psychiatrist Dr Brenda Wright who said Anderson was “highly dominated by her mental condition” which the psychiatrist said was “so severe that she was experiencing delusions into which she had no insight”.
Dr Wright said Anderson had a “psychotic moral justification” for her actions because “she delusionally believed” her life and those of her children were in danger and she could protect them by killing Mr Kelly.
Delivering yesterday’s judgment, Ms Justice Isobel Kennedy said this was a “profoundly sad and tragic case”.
In the absence of a mental disorder, Ms Justice Kennedy agreed with the trial judge the headline sentence would have been at the “very top end” for manslaughter at 20 years imprisonment.
Ms Justice Kennedy further agreed with the sentencing judge that, having considered the mental disorder, the headline should be reduced to 13 years. Dismissing all grounds of appeal, she said the sentence was proportionate.
Moral culpability is at the lowest possible point
MICHAEL O’HIGGINS SC COUNSEL FOR ANDERSON