Michael McDowell (Dublin South East, Progressive Democrats)

There are references in subsections (3), (5), (8) and (9) in this section to "offences other than the offences charged". This is to take account of cases where a person charged with one offence may be convicted of a different one. If, for example, a person is charged with murder and found not guilty by reason of insanity and the Court of Criminal Appeal considers the applicant was suffering from a mental disorder but that the act in question would have amounted to a lesser offence of manslaughter, the court should still dismiss the appeal. Logically, if an amendment is proposed to subsection (3) which deals with appeals to the Circuit Court, it should also apply in other courts such as the Court of Criminal Appeal, as provided for in the other sections. I do not propose to accept the amendment. If one looks at the bottom, there is a bracketed phrase, "by virtue of the charge". It is not a matter of a judge saying, in effect, "I find you not guilty of rape but guilty of larceny". It only arises where there is a choice open on the charge.