A jury may consider whether cannabis-induced psychosis is a mental disorder that could result in a man who killed his wife being found not guilty of her murder by reason of insanity.
Mr Justice Tony Hunt delivered his charge on Thursday to the jury in the trial of James Kilroy, who beat, stabbed and strangled his wife Valerie French Kilroy to death at their rural Mayo home.
Mr Justice Hunt told the eight women and four men that psychiatrists had given different opinions on whether Mr Kilroy, a cannabis user, could avail of the “insanity” defence if he was suffering from drug-induced psychosis at the time of the killing.
Dr Ronan Mullaney, a consultant psychiatrist called by the defence, said Mr Kilroy was suffering from drug-induced psychosis, which he said is a mental disorder under the Criminal Law (Insanity) Act.
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As a result of that disorder, Dr Mullaney found Mr Kilroy did not know that killing his wife was wrong and was unable to refrain from killing her. He said Mr Kilroy met the criteria for the “special verdict” of not guilty by reason of insanity.
Prof Harry Kennedy, who was called by the prosecution, said Mr Kilroy was most likely suffering from cannabis intoxication or withdrawal at the time of the killing. Prof Kennedy said any mental disorders caused by cannabis use, including withdrawal and psychosis, are consequences of intoxication and are not separate disorders under the Act.
Mr Justice Hunt on Thursday told the jury that the Act is clear that intoxication cannot be used as a defence. Intoxication, he said, is defined as being under the “intoxicating influence” of a drug.
The judge reminded the jury that Prof Kennedy had said drug-induced psychosis falls into the definition of “intoxicating influence”. Dr Mullaney, the judge said, believes that interpretation “goes too far” and that intoxication refers only to the direct, acute effects of drug use.
The jury, Mr Justice Hunt said, would have to consider the ordinary meaning of the words “intoxicating influence” in coming to their decision.
Dr Lisa Wootton was also called by the defence and told the jury that Mr Kilroy was most likely suffering from an acute and transient psychotic disorder at the time of the killing. She also found that he met the criteria for the special verdict. Mr Justice Hunt told the jury that if they prefer Dr Wootton’s evidence, they do not have to consider the definition of intoxication.
Mr Kilroy (51) has pleaded not guilty by reason of insanity to murdering his wife at their home in Kilbree Lower, Westport, Co Mayo, between June 13th and June 14th, 2019.
The jury has spent less than one hour considering their verdict and will return on Friday to continue their deliberations.
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