Cecil Tomkins, 63, of New Lodge Nursing Home, Stocking Lane in Rathfarnham, Dublin, had pleaded not guilty to murdering Walter Tomkins, 66, at Cronelea, Shillelagh on 1 July 2010.
He was convicted by a jury at the Central Criminal Court last March.
The Court of Criminal Appeal this morning found that the trial judge did not tell the jury that premeditation was not necessarily inconsistent with diminished responsibility.
The court ruled that the absence of such a direction could have left the jury with an incomplete and erroneous view of the law.
Mr Tomkins is now suffering from advanced Parkinson's Disease. He uses a wheelchair and is incapable of independent living.
Mr Justice John MacMenamin said there was the question of who would take care of Mr Tomkins and where would he go if he was granted bail immediately.
He therefore directed that bail be dealt with by the Central Criminal Court as soon as possible.
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