The Court of Criminal Appeal has dismissed an appeal by a Limerick man against the severity of a life sentence imposed on him for the manslaughter of his mother.
The CCA ruled the life sentence imposed on Damien Donnan, which was initially suspended in its entirety, was correct given the "extreme circumstances" in this "most unusual" and tragic case.
Donnan (26), De Valera Park, Limerick, was found guilty in 2002 of the manslaughter of his mother Jennifer Donnan in April 2000. He was acquitted on a charge of murdering his mother.
The trial heard he strangled his mother during an early morning fight over a cigarette. Donnan told gardaí he grabbed Ms Donnan in a headlock, snapped her neck and, knowing she was dead, strangled her again.
Mr Justice Paul Carney, after adjourning the matter on some 20 occasions, imposed a life sentence in 2006 for the crime but suspended it on certain conditions.
The sentence was activated in 2007 after Donnan faield to adhere to some conditions. He had failed to attend several meetings with the probation services and had stopped taking his medication. Urine analysis for Donnan had come back positive for alcohol and he also on several occasions tested positive for heroin.
Moving his appeal against sentence today, Isobel Kennedy SC said her client had served the equivalent of a ten year prison sentence since first going into custody and, in the circumstances, a life sentence was unduly severe.
Opposing the appeal, Patrick McCarthy SC, for the DPP, said the sentence contained no error in principle and should be left undisturbed.
The three judge CCA, with Justice Adrian Hardiman presiding and sitting with Mr Justice Declan Budd and Mr Justice Michael Hanna dismissed the appeal after stating it could find no error in principle with the sentence imposed.
Mr Justice Hardiman said, in this particular case and due to the extreme circumstances, it was possible for Mr Justice Carney to impose a life sentence. The trial judge had carefully considered the matters before him and was entitled to consider putting into place a regime that would protect both Donnan and society as whole.
The judge also said the issue of Donnan's sanity had not been raised by the defence during the trial.
The CCA heard there was a conflict in the medical evidence and Donnan, who argued a defence of provocation, was found guilty of manslaughter. At the time, a plea of diminished responsibility was not open to the court.
Mr Justice Hardiman said, after Donnan's conviction and during his sentencing hearings, Dr Brian McCaffrey, a notred consultant psychiatrist stated his opinion that Donnan suffered from paranoid schizophrenia. Mr Justice Carney was persuaded Donnan suffered from a mental illness and stated he wished to impose a hopistal order but was unable to do so.
Mr Justice Hardiman said the trial judge, by stating he did not not attribute any moral blame to Donnan, held Donnan had been suffering from a mental illness. The matter was adjourned on a number of occasions before the trial judge imposed a regime on Donnan "that might be of benefit to him."
That regime was urged upon the trial judge by Donnan's legal team and Donnan's defence could not now complain about it, the judge added.