Man has jail term reduced over McCarthy McNamara killing

A man jailed for the shooting of teenager Melanie McCarthy McNamara in Tallaght four years ago has had his 20-year jail term cut to 17-and-a-half on appeal.

Keith Hall (26), of Kilmartin Drive, Tallaght, had pleaded not guilty to murder but guilty to the manslaughter of Ms McNamara (16), who was shot dead as she sat in a car with two others on February 8th, 2012.

His manslaughter plea was accepted by the Director of Public Prosecutions at the Central Criminal Court and he was subsequently sentenced to 20 years’ imprisonment by Mr Justice Paul Carney on July 31st, 2013.

Hall successfully appealed his sentence on Thursday on grounds that the sentencing judge either ignored or gave insufficient weight to various mitigating factors and it was “utterly unknown” how the figure of 20 years was arrived at.

The Court of Appeal quashed his sentence, reimposed 20 years as the headline figure and suspended the final two-and-a-half years.

Sentencing judge

Giving judgment, Mr Justice Alan Mahon said the sentencing judge erred in ostensibly failing to take account of the mitigating factors.

The judge had said he was taking Hall’s guilty plea into account but it was impossible to discern how much allowance was actually given. The Court of Appeal was doubtful that it was sufficiently taken into account, Mr Justice Mahon said.

His plea should have been afforded greater recognition, and some further modest allowance should have been given for his drug addiction and dysfunctional background.

Furthermore, the sentencing judge ought to have given greater consideration to the prospect of rehabilitation in the interest of Hall himself and society in general.

Hall would not have access to drugs while serving a lengthy prison sentence and would have a real opportunity to cure himself.

He also had strong family support and was genuinely remorseful, which all pointed to, at least, the possibility of rehabilitation, the judgment stated.

Mr Justice Mahon said the failure to clearly identify the extent to which allowance was made for mitigating factors represented a departure from best practice.

Giving background, Mr Justice Mahon said Ms McNamara was sitting in a parked car with two friends at Brookview Way in Tallaght on the night of February 8th, 2012.

Shotgun discharged

A black 4x4 pulled up alongside the car and a shotgun was discharged from the driver’s seat, hitting Ms McNamara in the head. She was taken to Tallaght Hospital but was pronounced dead soon afterwards.

Hall was not directly involved in the shooting of Ms McNamara, but assisted to a significant extent in events both prior to and subsequent to the shooting.

Earlier in the evening he agreed with others to throw a rock at a particular house in Tallaght to entice people out to facilitate their shooting, the judgment stated.

Hall accepted he knew these people were to be shot on leaving the house.

His involvement was substantial, the judgment stated, and he was fortunate not to face a murder trial.