The People (at the Suit of the Director of Public Prosecutions) v Ian Connaghan

• Jurisdiction: Ireland
• Court: Court of Appeal (Ireland)
• Judge: Mr. Justice Edwards
• Judgment Date: 21 January 2025
• Neutral Citation: [2025] IECA 19
• Docket Number: Record No: 293/2023

Between/

The People (At the Suit of the Director of Public Prosecutions)

Respondent

and

Ian Connaghan

Appellant

[2025] IECA 19

Edwards J.

Kennedy J.

O'Moore J.

Record No: 293/2023

THE COURT OF APPEAL

APPROVED JUDGMENT

NO REDACTION NEEDED

JUDGMENT of the Court delivered (ex tempore) by Mr. Justice Edwards on the 21 ^st of January, 2025 .

Introduction

1 . This is an appeal brought by Mr. Ian Connaghan (i.e., “the appellant”) against the severity of the sentence imposed on him by the Central Criminal Court on the 4 ^th of December 2023.

2 . The appellant was charged with the offence of murder contrary to common law and as provided for by s. 4 of the Criminal Justice Act 1964. Following trial, the appellant was found not guilty of murder but guilty of the manslaughter of a Michael Mulvey (i.e., “the deceased”).

3 . A Mr. Danial Connaghan, the appellant's brother and co-accused was also convicted on the 1 ^st of August 2023 after trial of causing serious harm contrary to s. 4 of the Non-Fatal Offences against the Person Act 1997, to Mr. Mulvey on the 14 ^th of November 2019.

4 . On the 4 ^th of December 2023, the Central Criminal Court passed sentence, ordering that the appellant serve a term of 9 years' imprisonment with the final twelve months suspended for a period of three years.

Factual Background

5 . At the sentencing hearing of the 6 ^th of November 2023, the Court heard evidence from a D/Sergeant Maeve Ward in respect of the offence.

6 . On the 14 ^th of November 2019, Mr. Mulvey who was 55 years of age at the time, was driving home from a visit to the shops shortly before 5 pm with his partner, a Ms. Pauline Matthews. At the traffic lights outside the church on the Navan Road, an altercation occurred between Mr. Mulvey and the appellant, arising from the appellant stepping onto the pedestrian crossing and whether, or not, he had a green man signal to do so.

7 . The appellant then came over to the driver's door shouting at the deceased: “ I'm going to wait for you. I'm going to burn your house down. I'm going to kill you”.

8 . It is noteworthy that evidence was given of some history between the two men. In previous years there had been an incident where the decease had complained to the parents of the Connaghan's about some children throwing stones at trains and some windows had been broken. During cross-examination, D/Sergeant Ward stated that she could not prove anything and did not know who was involved in this incident, only that it was reported to gardaí in relation to previous interactions. Two years prior to the incident involved in this case, there had also been a verbal altercation between the deceased and the appellant at the Halfway House which is a public house on the Navan Road. As a result of this incident, the appellant was barred from the pub.

9 . Following the incident at the traffic lights, Mr. Mulvey proceeded to drive to the Halfway House, parked his car in the car park there and entered the pub. He left the premises within minutes leaving Ms. Matthews there, apparently to check on his house which was close by. In the meantime, the appellant had walked 1.1 kilometres, which was the distance from the scene of the altercation up to Darlington Estate where Mr. Mulvey lived. CCTV footage showed the appellant walking down towards Mr. Mulvey's house on Darlington Estate. Within minutes he is then seen walking back from the direction of the deceased's house towards the Navan Road.

10 . Two witnesses, a Ms. Olwyn O'Connor and a Mr. Tony McKenna gave evidence on the first attack in Darlington Estate. Ms. O'Connor looking out her window observed the appellant walking on her side of the street and the deceased approaching on the other side. She heard the appellant shout at the deceased: “ who's the effing muppet now?”. The appellant then stepped off the path and over towards the deceased. They met in the middle of the road. The appellant proceeded to attack Mr. Mulvey, punching him and then kicking him when he was on the ground. Mr. McKenna, looking out his upstairs window gave evidence that “ out of the blue”, the deceased was struck on his face by the appellant's fist. The appellant then kicked Mr. Mulvey on his side and on his stomach while he was on the ground. Mr. Mulvey rolled over from his left side and he was then further kicked on his left side with powerful kicks. Both witnesses gave evidence that Mr. Mulvey put up very little, if any resistance to the attack.

11 . The appellant made his way towards the Navan Road. After getting to his feet, Mr. Mulvey headed in the same direction.

12 . Shortly after, Mr. Mulvey was standing on the traffic island outside the Halfway House pub when he was attacked by the appellant and his brother, a Daniel Connaghan. Daniel Connaghan had driven to the Navan Road following a telephone call from the appellant made before the first attack. A witness, Ms. Mary Kelly stated that Daniel Connaghan jumped on Mr. Mulvey from behind and wrapped his arms around his neck and pulled him to the ground. Danial Connaghan placed a leg either side of him and punched him repeatedly in the face with his right hand; these punches were described as “ very forceful and aggressive” and that they came very rapidly one after the other. Mr. Mulvey lay on the ground and offered no resistance. At the same time, the appellant had his legs astride Mr. Mulvey's waist area and he was also punching him. He then started to deliver very aggressive, forceful kicks to Mr. Mulvey's stomach and groin area.

13 . A further witness, Mr. Thomas Maher, stated that he noticed a fight on the island and described it as “ two men throwing an awful lot of punches at an older man”. He stated that the older man (Mr. Mulvey) came towards his car and that he was bleeding from the mouth. As Mr. Mulvey was nearing his car he received a “ ferocious” punch to the side of his face from the appellant.

14 . After the attack, the appellant and Daniel Connaghan fled the scene, leaving Mr. Mulvey to make his way beaten and bloodied to the Halfway House pub on the other side of the road.

15 . On entering the pub, Mr. Mulvey sought assistance from a Mr. Fagan who helped tend to his facial injuries which were apparent. Mr. Fagan contacted An Garda Síochána to report the matter and gave the phone to Mr. Mulvey to talk to the gardaí.

16 . Later that night in the early hours of the morning of the 15 ^th of November 2019, Mr. Mulvey attended at Connolly Hospital in Blanchardstown. He got a taxi to the Accident and Emergency department there. It was noted that he had sustained bruising and injuries to his face and had also sustained two fractures in the area of his eye socket. His nasal septum was deviated to the left and he had extensive bruising. There were photographs taken the following morning by a D/Garda Fennessy in the hospital of the bruising to his face. Mr. Mulvey also sustained fractures of the right/left lateral eighth and ninth ribs. It also transpired during a post-mortem that he had sustained a fracture to the 10 ^th rib. These fractures had caused a small hemopneumothorax. Evidence given described that a haemothorax is blood in the lung and pneumothorax is air, meaning there was a mixture of air and blood in Mr. Mulvey's chest cavity.

17 . Mr. Mulvey was kept in hospital for three days and was discharged on Monday the 18 ^th of November 2019, with a prescription for pain medication for his fractured ribs. He attended a follow-up appointment on the 19 ^th of November 2019 to deal with his eye injury in the Maxillofacial Unit of St James's Hospital.

18 . In the immediate aftermath of the assault of the 14 ^th of November, the appellant sent a message to a WhatsApp group which comprised a number of his friends, and it said that he was: “ Just after opening Mulvey's face up. Won't try and knock me down in his car or call my Ma and Da scumbags again”. Later that evening Daniel Connaghan sent a message to his friend David saying: “ Ye hear about Mulvey?”. He went on to say: “ Tried to knock down Iano. Two of us left him in an awful state”.

19 . Mr. Fagan, who had helped him on the evening of the 14 ^th of November by wiping his face and walking him home, rang Daniel Connaghan that night and asked if they could “ put this to bed”. Daniel Connaghan responded that he would have to talk to the appellant, and that Mr. Mulvey would need to come down to their parents and apologise because he had called them names on some occasion. Mr. Fagan spoke to the appellant the next morning on the phone and the appellant spoke to Mr. Mulvey the following day. On the phone call with Mr. Fagan the appellant stated that things could be put to bed if Mr. Mulvey apologies to his parents but ended the call stating that he would “ bully and batter” Mr. Mulvey any time he saw him.

20 . Mr. Mulvey spent approximately two weeks trying to recover from his injuries. He rarely left the house because he was in pain and seemed to be suffering from fatigue.

21 . On the 26 ^th of November 2019, Mr. Mulvey and Ms. Matthews went to the Halfway House pub together. People who were present noticed he seemed to have breathing difficulties and his face was coloured grey.

22 . Mr. Mulvey had a job interview the next morning, the 27 ^th of November 2019. At around 6 am, a Paul Matthews, Ms. Matthews son met Mr. Mulvey outside the bathroom. They acknowledged each other but there was no conversation as such. Paul Matthews went to work, and Mr. Mulvey went back to bed. Later that morning, at around 9 am, Ms. Matthews awoke to discover Mr. Mulvey beside her in the bed, but unfortunately, he was dead at this stage.

23 . A post-mortem carried out by a Dr. Okkers revealed severe narrowing of his coronary arteries and chronic lung disease. The hemopneumothorax had increased in size and now there was 800 millilitres of liquid blood present in his chest cavity. Dr. Okkers...