Two teenagers given jail terms of two and three years respectively for their role in the brutal killing of a schoolboy outside a Dublin cinema have had their prison sentences increased to six years each by the Court of Criminal Appeal.
A third man jailed for life for the murder of 17-year-old Alan Higgins, who was stabbed outside the UCI Omniplex in Coolock, lost his appeal against the life sentence imposed for that crime.
The attack on Mr Higgins was "another incident of wanton and casual use of violence against ordinary citizens", the chief justice, Mr Justice Murray, said. A "severe custodial sentence" should apply in cases of violence involving a dangerous weapon.
After the appeal court decisions on the cases of the men involved in her son's killing, Miriam Higgins said yesterday that she and her family were happy with those decisions.
"Justice has to be seen to be done. It sets an example to other youngsters out there. When they got two and three years, it sent out a message. Now, with a sentence of 10 years with four suspended, it sends out a different message."
However, Ms Higgins added: "Who do we appeal to for our life sentence?"
Last December, Christopher Dunne (18), Millwood Villas, Kilbarrack, Dublin, was jailed for life at the Central Criminal Court for the murder of Alan Higgins, Carraroe Avenue, Donaghmede, on October 13th, 2002, outside UCI Omniplex, Coolock. Dunne was also sentenced to a concurrent term of 13 years, with four suspended, for the robbery of Alan Higgins's mobile phone and a wallet containing a sum of cash.
Michael Maher and Anthony Whelan, who were also involved in the incident, were sentenced last December to 10 years and eight years respectively for the manslaughter of Mr Higgins.
Maher (19), Cromcastle, Kilmore West, had seven years of his 10-year sentence suspended, while Whelan (19), Millwood Villas, had six years of his eight-year sentence suspended.
Maher was given a seven-year sentence for the robbery of Alan Higgins with four years suspended. Whelan was sentenced to six years with four years suspended for the robbery of Mr Higgins. The robbery sentences in both men's cases were to run concurrently.
The appeal court yesterday dealt with an application by the Director of Public Prosecutions (DPP) to review the sentences imposed on Maher and Whelan on the basis they were unduly lenient. The application was opposed by counsel for both men.
Giving the appeal court decision, the chief justice upheld the DPP's argument of undue leniency and imposed a sentence of 10 years on both men, with four years suspended, meaning prison terms of six years. He imposed concurrent seven-year terms on the robbery charge, with the last year suspended.
The chief justice said the trial judge had "erred in principle" in the weight applied to the mitigating factors in the case and in suspending most of the manslaughter terms.
"When violence is used to the extent that a dangerous weapon is used and this leads to death, a severe custodial sentence should follow," he said. "This is not a case of an isolated incident - it is a case where a dangerous weapon was used and the court is of the view that the extent of the sentence suspended was disproportionate."
This was "another case of the wanton and casual use of violence against ordinary citizens", the judge said.
On the night Alan Higgins lost his life, there was "a level of banditry in the locality near the cinema complex" in which at least four youngsters were mugged for their mobile phone or wallet.
