Quigley, R. v

Mr Martin O�Rourke KC (instructed by Madden & Finucane Solicitors) for the Appellant Mr Ciaran Harvey (instructed by the Public Prosecution Service) for the Crown

[3]������ At interview, the appellant provided a prepared statement which outlined his history of epilepsy, depression, anxiety, alcohol and substance abuse.� He stated that he had made a serious attempt to kill himself on the evening in question and that he was caused to go into a blind panic by the presence of the spray cannister but had no intention of hurting anyone.� He declined to answer any questions at interview and relied on this prepared statement and indicated that he would be pleading not guilty.�

[4]������ The incident that we have just described was captured on body worn video.� The trial judge had the benefit of viewing this video when dealing with this case and sentencing.� We have also had the benefit of viewing the video ourselves during the appeal hearing.

[8]������ The judge further records that in the lead up to the night in question, the appellant told Dr Devine that this occurred in the context of his late mother�s anniversary.� He said that he was drinking heavily and taking cocaine.� Having described the incident Dr Devine notes that the appellant reflected as follows:

�As bad as it sounds, this is probably the best thing that has every happened to me.� It got me off alcohol.� My mental health is better.� I�m looking after myself.� I�m attending counselling and while I have my issues, overall, it has changed by life for the better.�