M.C. v The Clinical Director of the Central Mental Hospital & Anor (Approved)

1.������ On 29 July 2002, Ms C took the life of her infant son and attempted to drown her young daughter.� She was 27 years old at the time of these events, and having been found guilty of the killing and attempted murder on 20 January 2006, was committed to the Central Mental Hospital (�CMH�) with a diagnosis of schizoaffective disorder.� In June 2006, following the enactment of the Criminal Law (Insanity) Act 2006 (�the 2006 Act�), she was reclassified as a person found not guilty of the crimes by reason of insanity.�

2.������ Ms C is now 45 years of age, she was at the time of the events, and remains, married to her husband and the couple have four surviving children.� She is a member of the Travelling Community.�

3.������ Ms C responded very well to the treatment afforded to her in the CMH and at the date of the hearing of the appeal was living an orderly and full life in the company of her husband and children in their home in the west of Ireland.� She has, it should be noted, a very good relationship with her daughter, whose life she attempted to take in 2002.

4.������ Ms C�s detention was kept under review by the notice party to these proceedings, the Mental Health Review Board (�the Review Board�), under s. 13 of the 2006 Act, and following the fifteenth such review, on 9 August 2012, the Review Board permitted her release from the CMH subject to conditions.�

5.������ The conditions imposed at that time were sought to be varied by Ms C, and on 12 December 2013, the Review Board acceded to her application for a variation of the conditions concerning her choice of residence attaching to her release.�