DPP v DD

 
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[2011] IECCC 3

THE HIGH COURT

[No. 69 CC/2010]
DPP v D (D)
CENTRAL CRIMINAL COURT

Between

THE PEOPLE (AT THE SUIT OF THE DIRECTOR OF PUBLIC PROSECUTIONS)
Prosecutor
v.
D.D.
Accused

2010/69CC - Sheehan - CCC - 29/7/2011 - 2012 11 3140 2011 16 3886 2011 IECCC 3

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997 S3

NON-FATAL OFFENCES AGAINST THE PERSON ACT 1997 S2

DPP v KELLY 2005 2 IR 321

O'MALLEY SENTENCING LAW AND PRACTICE DUBLIN 2000 403

DPP v M 1994 3 IR 306

DPP v MCGINLEY UNREP CCA MCKECHNIE 11.7.2011

CRIMINAL LAW

Sentence

Manslaughter - Convicted by jury - Matters to be taken into account in sentencing for manslaughter - Plea of guilty to manslaughter proffered but refused by DPP - Whether Court should treat accused as though he had pleaded guilty - Weight to be given to rehabilitation - DPP v Kelly [2004] IECCA 14 [2005] 2 IR 321 considered; DPP v M [1994] 3 IR 306 followed; DPP v McGinley (Unrep, CCA 11/7/2011) followed - 10 year sentence imposed (2010/69 CC - Sheehan J - 29/7/2011) [2011] IECCC 3

People (DPP) v D(D)

Mr. Justice Garrett Sheehan
2

[1.1] The accused was convicted by an eleven to one majority verdict of the jury on the 2nd June 2011 of the manslaughter of C.S. The deceased died as a result of receiving a number of blows to the head with a hurley. The deceased was a friend of the accused and in whose home he had been living for some time.

2

[2.1] The accused in this case was charged with the murder of C.S. on the 12th May 2010. The factual circumstances of the case were as follows. At about 4.15am on the morning of the 4th April 2010, the deceased made a call to the gardaí to say that she was locked out of her house and that the accused was in the house and would not let her in. Two members of An Garda Síochána, Garda McGarry and Garda O'Connell, responded to this call and met the deceased outside her house. Garda McGarry eventually gained entry through a window in the front and Garda O'Connell and the deceased gained entry via a door that was, in fact, open at the back. They met the accused in the sitting room and he was in a very intoxicated and agitated state and threatened Garda McGarry. He had consumed a considerable amount of alcohol at the time and had been drinking for some days. When the gardaí left, they were satisfied that the deceased was fine and that everything was alright in the house.

3

[2.2] The deceased subsequently rang a taxi man who she would have been in contact with previously over the phone. The deceased called him on three occasions with the last call being made at approximately 7.30am and all he could glean from the phone call was that the deceased said something about being on the floor and to get her out of there. That was the last known contact the deceased made with anyone.

4

[2.3] At 9.24am the accused called the gardaí and explained that he had come back from the supermarket and that he could not get into the sitting room but that he could see the legs of a person and believed the person was dead. The gardaí arrived at the scene at approximately 9.36am and met the accused at the front door of the house. The gardaí had to use force to gain entry to the kitchen cum sitting room as the deceased's body was blocking the...

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