DPP v Lane

JurisdictionIreland
JudgeMr Justice Edwards
Judgment Date07 November 2022
Neutral Citation[2022] IECA 263
CourtCourt of Appeal (Ireland)
Docket NumberRecord No: 20/2019
Between/
The People (At the Suit of the Director of Public Prosecutions)
Respondent
and
Sean Lane
Appellant

[2022] IECA 263

Birmingham P.

Edwards J.

Kennedy J.

Record No: 20/2019

THE COURT OF APPEAL

JUDGMENT of the Court delivered on the 7th day of November, 2022 by Mr Justice Edwards

Introduction
1

On the 19th of July 2018, the appellant was convicted by the unanimous verdict of a jury at Tralee Circuit Criminal Court of a count of causing serious harm to one Eamon Sheehy contrary to s. 4 of the Non-Fatal Offences Against the Person Act 1997; and also of a count of producing a weapon or article capable of inflicting serious injury, namely a baseball bat, in the course of a dispute and in a manner likely unlawfully to intimidate another person, contrary to s. 11 of the Firearms and Offensive Weapons Act, 1990.

2

The appellant was jointly tried with a co-accused, a Mr Jason Keane Broderick. However, Mr Broderick was not charged with the same offences as the appellant but rather was charged with a single count of possession of an article in a public place, namely a baseball bat, intended by him to unlawfully cause injury to, incapacitate or intimidate any person either in a particular eventuality or otherwise, contrary to s. 9(5) of the Firearms and Offensive Weapons Act, 1990.

3

The appellant was sentenced to a term of nine years imprisonment on the count of causing serious harm, and to three years imprisonment on the count relating to the production of a weapon, the said sentences to be served concurrently and to date from 17/01/2018.

4

The appellant now appeals against his said convictions. While a number of grounds of appeal against his convictions were initially pleaded, he now seeks to rely solely upon a single net point, i.e., that the trial judge erred in refusing to direct that the appellant be tried separately from his co-accused Jason Keane Broderick.

Background to the case
5

By way of general background, the jury heard evidence that the appellant, his co-accused Jason Keane Broderick, and a Mr Cian Broderick were drinking in the Lane family home (otherwise Mary Lane's house) in the town of Castleisland on the night of the 13th/14th of January 2018. At some point between 4.00 am and 4:30 am on the 14th of January 2018 Jason Keane Broderick left the Lane family home to go to his own home. The jury was told that Jason Keane Broderick had been in a long-running dispute with another young man called Shane Fitzgerald. This was relevant because not long after leaving the Lane family home, Jason Keane Broderick returned there and informed the appellant and Cian Broderick that he had been chased by Shane Fitzgerald and another man called Thomas Barrett. It was agreed in consequence that all three would travel across town and seek to confront Shane Fitzgerald at his home at number 16 Meadow Court, Castleisland. Jason Keane Broderick carried with him a baseball bat, and would claim later that he did so because he was in fear of Shane Fitzgerald and Thomas Barrett. On arrival at the home of Shane Fitzgerald at approximately 4:45 am, the group of three called to him to come out, but he did not emerge. When they failed in their attempt to lure Shane Fitzgerald out the three men eventually left Meadow Court, ostensibly to return to the Lane family home. Enroute, they went through St. Stephen's Park and at approximately 5.20 am they targeted the home of Eamon Sheehy who lived with his grandfather Ned at No. 28, St. Stephen's Park, by throwing stones at the house.

6

There was evidence that there had also been a long-standing dispute between Eamon Sheehy and the appellant. Cian Broderick stated in his statement which was read to the jury under s. 21 of the Criminal Justice Act 1984, that “[t]he dispute between Eamon and Seany is going on for about a year with Eamon coming over to Mary's house [i.e., the Lane family home] shouting in the letterbox and throwing stones.” The appellant himself also confirmed that relations between them were poor when he volunteered to a garda in the aftermath of his arrest and while he was under caution that Eamon Sheehy “attacked me two months ago in Lidl.” The jury further received evidence from Shane Fitzgerald in a statement which was read to the jury pursuant to s. 21 of the Criminal Justice Act 1984. Mr Fitzgerald attributed the animus between the appellant and Eamon Sheehy to the fact that the appellant was now going out with Mr Sheehy's ex-girlfriend, Katie Cotter. The jury further received evidence from Katie Cotter, again read to them pursuant to s. 21 of the Criminal Justice Act 1984, in which she set out how she had dated the appellant after finishing with Eamon Sheehy, and stated that the appellant had been extremely jealous and resentful towards Mr Sheehy.

7

It is uncontroversial that the targeting of No. 28, St. Stephen's Park by the throwing of stones at it in the early hours of the morning of the 14th of January 2018, led to the appellant becoming embroiled in an altercation with Eamon Sheehy. The evidence was that Eamon Sheehy had initially responded to the stone throwing by opening a window and remonstrating with the group, before emerging from his home armed with a golf club and a knife and confronting them. According to Cian Broderick, Eamon Sheehy spoke to him first, and then sprinted towards the appellant “with the golf club over his shoulder and a knife in his hand.” The co-accused Jason Broderick was still carrying the baseball bat at this point. According to Cian Broderick “Sean got the bat off Jason and they [i.e., the appellant and Eamon Sheehy] both started swinging at each other.” The appellant later admitted to being engaged in what he characterised as “a swordfight” with Eamon Sheehy, ultimately knocking the golf club out of Eamon Sheehy's hand and throwing it into a nearby garden. While thereafter the precise dynamics of the altercation were controversial at trial (the appellant contended in interviews that Eamon Sheehy had continued to come at him with the knife and that he had responded in self-defence, a contention that the jury must be considered to have rejected) it was accepted by the appellant in admissions made to the gardaí, and it was not disputed by him at trial, that he had hit Mr Sheehy with the baseball bat on the head.

8

There was overwhelming evidence that very considerable force was used by the appellant in striking Mr Sheehy on the head and that numerous blows to the head were struck. The jury heard from a Ms Eileen Bartlett who lived at 17 St. John's Park, Castleisland in a house very close to a pedestrian access to St. Stephen's Park. She was woken from her sleep on the morning of the 14th of January 2018 by a groaning sound coming from the direction of St. Stephen's Park. She got up and looked out her bedroom window. She described what she saw occurring outside No. 35 St. Stephen's Park. She saw one person lying on the ground and another person who was wearing a dark jacket and a white hood and who had “something” in his hand standing over the person on the ground and “belting and belting” that person. The person on the ground was moaning and groaning. The assailant moved away and said, “get up”. When the figure on the ground didn't move, he pulled him up and let him fall down onto the path, banging his head against the footpath. The prosecution would later contend to the jury that the events seen by Ms. Bartlett were entirely inconsistent with any narrative suggesting that the appellant had acted in self-defence.

9

The injuries to Mr Sheehy were extensive. Once again, it would later be contended to the jury by the prosecution that they were not consistent with self-defence. The medical evidence of two doctors, an accident and emergency physician Dr Martin Boyd, and a neurosurgeon Mr George Kaar, who had both treated Mr Sheehy, was read to the jury under s. 21 of the Criminal Justice Act 1984. The jury heard that Mr Sheehy was deeply unconscious when admitted to University Hospital Kerry. There was a large laceration on the right area of the scalp and another on the left side of his forehead. There was haematoma of both eyes. An urgent CT brain scan was obtained. This showed an intercranial haematoma on the right side of the brain and haemorrhagic contusions bilaterally. He was sedated, intubated and ventilated, and subsequently transferred to Cork University Hospital. On admission to Cork University Hospital, he remained sedated and ventilated. A follow-up CT brain scan was obtained, and this showed a 5.5 centimetre by 1.5 centimetre right-sided subdural haematoma, swelling in the surrounding brain and a right temporal lobe haemorrhage. There were multi-compartmental contusions in the right temporal lobe, right parietal lobe, left frontal lobe and right occipital lobe. There was four millimetres of midline shift. There was a small left frontal subdural haematoma. Comminuted displaced fractures of the right occipital and parietal bones were noted. One fracture extended to the right mastoid bone end base of the skull with opacification of the mastoid air cells and sphenoid sinus. The jury heard that the injuries had been life threatening and that Mr Sheehy would likely be left with permanent impairment in the function of the right side of his brain, as well as impairments in speech, personality, and higher mental function and that he would have an ongoing seizure tendency.

10

No knife or baseball bat was ever recovered. A golf club was recovered during a scene of crime examination from the garden of No. 35 St Stephen's Park. DNA trace material was found on the gold club matching the DNA profile of Eamon Sheehy.

11

The jury heard that the appellant was arrested on the 15th of January 2018 and that following caution he stated to the arresting officer, Detective Sergeant Henderson, “I have talked to Dave Ramsay. He, Eamon came at us with a knife and a golf...

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