Court suspends 2 years of term for manslaughter

THE COURT of Criminal Appeal has suspended two years of a 10-year jail term imposed on a Dublin teenager for the manslaughter…

THE COURT of Criminal Appeal has suspended two years of a 10-year jail term imposed on a Dublin teenager for the manslaughter of a young man almost three years ago.

The three-judge appeals court said yesterday it was substituting the original 10-year sentence handed down to Finn Colclough (19), Waterloo Road, Ballsbridge, Dublin, with a new term which “appropriately reflects the mitigating factors” of the case, including an offer of a plea of guilty to manslaughter.

Colclough stabbed Seán Nolan (18) with two knives during a confrontation outside the Colclough family home in Dublin on May 26th, 2007.

The victim had been out celebrating his graduation from secondary school when he and friends stopped outside Colclough’s house.

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Colclough was charged with murder. He offered a plea of manslaughter but this was rejected by the Director of Public Prosecution (DPP).

A jury at the Central Criminal Court convicted him of manslaughter following a six-day trial in October 2008 and the 10-year sentence was imposed by Mr Justice Paul Carney.

Allowing Colclough’s appeal against the severity of his sentence, the appeal court of Mr Justice Joseph Finnegan, presiding, sitting with Mr Justice Declan Budd and Mr Justice Liam McKechnie, yesterday said it was “unclear what, if any, consideration was given” in respect of his offer of a plea to manslaughter.

The court held that it would have been an “error in principle” if no consideration was given to this or if such consideration “was diluted” because issues “arose as to self-defence and provocation”.

During the hearing of the sentence appeal, Patrick Gageby SC argued that the trial judge erred in imposing a severe sentence of 10 years for manslaughter on a person of Colclough’s age, his client being just 17 at the time of the offence.

Mr Gageby also argued that the sentencing judge had not given Colclough sufficient credit for the fact he had admitted the manslaughter of Mr Nolan in advance of the trial, but which was rejected by the State.

Mary Ellen Ring SC, for the DPP, had opposed the appeal, and said the sentence was appropriate and should remain undisturbed.