A former Tyrone GAA player has won his appeal against the minimum 10-year jail sentence imposed for shooting dead his father.
Senior judges in Northern Ireland ruled on Monday that Seán Hackett should instead serve seven years before he can be considered for release on licence.
Backing fresh medical evidence that the 21-year-old is suffering from a delusional disorder, the judges held that his culpability for killing Aloysius Hackett was not as high as suggested at trial.
Although the Court of Appeal resisted defence arguments for a hospital order, Lord Chief Justice Sir Declan Morgan said the department of justice should also urgently consider making a prison transfer to ensure Hackett is treated for his condition. “There is a compelling need for this young man to receive appropriate psychotherapy,” he said.
Hackett was challenging the life sentence with a minimum 10-year tariff imposed for the manslaughter of his father Aloysius at the family home near Augher, Co Tyrone in January 2013.
A jury found him guilty last year on the grounds of diminished responsibility after acquitting him of murder.
Shot twice
Aloysius Hackett, a former chairman of St Macartan’s GAC in Augher, was shot twice in the head on the driveway of his Aghindarrah Road home. His son Seán, who previously captained the Tyrone Minor GAA team, admitted carrying out the shooting but consistently denied murder.
At his trial it was set out how he had suffered depression in the preceding months, triggered by a split from his girlfriend. Appealing the sentence, his legal team submitted that he comply with a hospital order if the court considered it an appropriate alternative. Up to five psychiatrists backed the view that Hackett was in a delusional state of mind when he carried out the killing at the age of 18.
Secret need
One of those experts called to give fresh evidence was Dr Carine Minne, who told the court Hackett had been harbouring a secret need to kill either of his parents and is suffering from one of the purest forms of delusional disorder she has ever encountered .
Sir Declan said: “We conclude that the appellant’s culpability was low but not minimal and that punishment is not inappropriate.”
He pointed to the need for prolonged psychotherapy within a secure hospital environment. He said the court has no power to direct a prison transfer order but stressed the requirement for treatment in a suitable location. “That compelling need reflects the public interest in dealing with a dangerous offender as well as the appellant’s personal needs. We have concluded that we should not impose a hospital order, but that this case requires the department to urgently consider the making of a prison transfer order,” he said.