Irish Daily Mirror

Mum who knifed man to death loses appeal over jail sentence

Eight-year prison sentence is upheld Court told of her ‘psychotic episode’

- BY EOIN REYNOLDS news@irishmirro­r.ie

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

 ?? ?? DELUSIONS Christina Anderson stabbed man
DELUSIONS Christina Anderson stabbed man

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