The family of a young man killed in front of the mother of his unborn baby has voiced disgust at the seven-year jail term his attacker has received.
They were speaking after the 23-year-old man was sentenced for killing James Joyce (20) in front of his heavily pregnant girlfriend. The victim's mother said the killer would strike again when freed.
Daniel McCormack of Kenure Park, Rush had pleaded not guilty to murder but guilty of the manslaughter of James Joyce (20) near his home at St Cronan's Close, Swords in Dublin on July 22nd, 2010.
A jury acquitted him of murdering Mr Joyce but convicted him of manslaughter following a trial in October.
The trial heard that McCormack stabbed Mr Joyce three times after arming himself with two knives as protection from another man, Mick Monaghan.
The jury heard that Mr Monaghan travelled from Meath to attack McCormack that night but, failing to find him, assaulted a friend of McCormack's instead.
McCormack heard about this, got two knives and went to the scene. He said he was just planning to collect his injured friend and get out of Swords.
However he met James Joyce, who was angry that their mutual friend had been attacked. They each threw a can of beer at the other before McCormack took out the knives and began swinging them at him. Mr Joyce was stabbed three times and died after being taken to hospital.
McCormack read about his death on teletext that night and handed himself into gardaí the following day. He has been in custody since.
Passing sentence at the Central Criminal Court, Mr Justice Paul Carney said this case was 'clouded by the warlike, vengeful intentions of Mr Monaghan towards the accused and others'.
However he didn't think this had a bearing on the defendant's responsibility for the killing. "Knife fatalities fall into one of three categories, escalating in gravity," he said.
He said the first category was the use of a kitchen knife lying close to hand when a row broke out. "In the second, the accused carries a knife, allegedly for his own protection," he continued.
He said that the third was where an accused goes home after a 'straightener' to arm himself with a knife. "This case most closely fits in with the third category, the most grave of the three," he said.
He also said that, having regard to over 50 manslaughter cases, he placed this killing at the upper end of the scale.
He said he could not take the defendant's previous good character into account as he had 14 relevant convictions and imposed a 10 year sentence, backdating it to his arrest. He suspended the final three years due to his
remorse, his guilty plea and his age, on condition McCormack keep away from the Joyce family in perpetuity.
Afterwards, the victim's parents, Patrick and Rose Joyce, said they were disgusted with the sentence.
"I think it's a disgrace because he was done before for knives," said Mr Joyce. "There are other convictions there that he had knives."
He said his son was an innocent victim and urged the DPP to appeal what he considered the leniency of the sentence.
His mother said she was disgusted, considering his 51 previous convictions and background of knife crime.
"When he's walking free, my son is lying in the graveyard," she said. "He's walking free, he's going to do the same think again and there's no saying that he's not because once it's in him, he's going to do it," she continued.
"He'll walk the streets again and kill some other parent's young fella," she added. "I really think the law is wrong… I think it should be a life for a life."
She said her family was devastated at the killing of her son, who she described as 'a great young fella' who would do anything for anybody.
"No-one can realise what we're going through," she said. "You've a smile for people when you meet them and you're torn apart inside. It's literally unbelievable."
The victim's partner, Alison Colgan, who gave birth to his son a few months after his death, said there was no justice at all. "Our family is ruined over him," she said, before breaking down in tears.