A CLAIM that a nine-year jail sentence is too severe a sentence for the woman who fatally stabbed a neighbour in a row about a puppy has been made by her lawyers.
The Court of Criminal Appeal yesterday reserved judgment and will announce its decision at a later date. Una Black (27), formerly of Walter Macken Flats, Mervue, Galway, pleaded guilty at the Central Criminal Court last July to the manslaughter of her neighbour John Malone (42) at the flats on December 3rd, 2006.
Mr Justice Paul Carney jailed her for nine years. Ms Black, who gave birth shortly after the sentence was imposed, appealed the severity of that sentence.
Diarmaid McGuinness SC, for Ms Black, argued that the sentence was disproportionate as this case was not in the higher category of manslaughter cases. The nature of the manslaughter in the case was involuntary. Mr McGuinness said Black only took up a knife to scare Mr Malone, following a row over a dog, and had never intended to cause him harm.
He submitted that in imposing the nine-year sentence, Mr Justice Carney had failed to fully take into account other factors including his client’s expression of remorse, guilty plea, the fact she had no previous convictions.
Opposing the appeal, Conor Fahy for the DPP said this particular offence lay in the upper range of manslaughter cases.
He said it was Black who procured the knife following the row. He said the trial judge had taken into account all the relevant factors before imposing sentence.
The trial had heard Black rang the emergency services and told them she had seen men fighting and one was lying on the ground. Black was later arrested and told gardaí Mr Malone had produced the knife, but later admitted she brought it to the scene.