Courts / Dublin / Report
Chinese national jailed for life for murder has conviction quashed on appeal
Summary
Zhao Zhen Dong, a 38‑year‑old Chinese national, had been sentenced to life imprisonment for the 2011 murder of Noel Fegan outside his internet café on Wellington Quay. He pleaded not guilty and was found guilty by a jury at the Central Criminal Court, receiving a mandatory life sentence from Mr Justice Patrick McCarthy on 5 December 2012. Zhao appealed, arguing that the trial judge had erred in explaining provocation to the jury. The Court of Appeal, in a judgement delivered on 26 June 2015, quashed his conviction and ordered a retrial. The appeal focused on the judge's failure to clearly state that provocation remained a defence even when an intention to kill or cause serious harm existed. Zhao was remanded in custody to appear before the Central Criminal Court on the following Monday. The Court noted the complexity of provocation law and the importance of clear jury instructions.
Who, what, where, when and why
What: Report matter: Chinese national jailed for life for murder has conviction quashed on appeal. Charges or matters: the murder of Noel Fegan at Wellington Quay, in the capital on May 20, 2011. Procedural stage: appeal. Findings: Found guilty
When:
- May 20, 2011 Hearing Or Sentence
- December 5 2012 Hearing Or Sentence
- 2015-06-26 Publication
Why: Speaking on behalf of the Court of Appeal, Mr Justice George Birmingham said Zhao had made Ireland his home was running an internet café and call shop on Wellington Quay in Dublin providing computers and telephones for customers to use in order to make calls or access the internet. CNI source report
Case subjects
Appellant
Charges: the murder of Noel Fegan at Wellington Quay, in the capital on May 20, 2011 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at the Central Criminal Court and was given the mandatory life sentence by Mr Justice Patrick McCarthy on December 5 2012.; He was remanded in custody to appear before the Central Criminal Court on Monday next.
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