A Dublin man who stabbed another man in Ballymun, north Dublin, on Halloween night 2004 has lost his appeal against his eight-year prison sentence for manslaughter.
The Court of Criminal Appeal yesterday upheld the sentence imposed in June 2006 on Gavin Ward (23), Balcurris Road, Ballymun, after he pleaded guilty to the manslaughter of Christopher Doyle (28).
Ward had stabbed Doyle on November 1st, 2004, when Doyle had tried to stop an argument over a stolen car. He was taken to hospital, but never regained consciousness and died eight days later.
Moving Ward's appeal against severity of sentence yesterday, Michael O'Higgins SC said the trial judge had erred by not properly taking the mitigating factors into account. The sentence imposed was excessive in the circumstances of the case, he said.
Mr O'Higgins said Ward took a knife because he believed his brother was in danger and had intended to inflict a wound much lower down on Doyle's body. Ward had also consumed a lot of alcohol and other substances and had expressed "a high degree of remorse for his actions".
Counsel asked the court to suspend a section of Ward's sentence on the basis that, during that period of suspension, he would be under the supervision of the probation services.
Opposing the appeal for the DPP, Mary Ellen Ring SC said the trial judge had made no error but had carefully considered all the relevant factors when formulating Ward's sentence.
Mr Justice Nicholas Kearns, presiding at the CCA and sitting with Mr Justice Declan Budd and Mr Justice John Hedigan, dismissed the appeal. Mr Justice Kearns said the CCA could "find no fault" with the sentence imposed. Mr Justice Kearns also extended his sympathies for their tragic loss to members of the Doyle family, who were in court.