An apprentice carpenter who admitted unlawfully killing his friend in a “one punch” assault has been sentenced to seven years’ imprisonment with the final two years suspended.
Jack Hall Ellis (21) told gardaí he was acting in “drunkenness and anger” when he punched Luke O’Reilly (20) from behind without warning as they left a pub on Halloween night in 2017.
Mr O’Reilly fell and hit his head on the ground and suffered traumatic brain injuries which led to his death in hospital two weeks later.
Hall Ellis, of Lismore Road, Crumlin, pleaded guilty at Dublin Circuit Criminal Court to unlawfully killing Mr O’Reilly, who was assaulted in the early hours of November 1st at Old Blessington Road, Tallaght and died on November 13th, 2017. The court herad he had consumed seven to 10 double shots of Captain Morgan rum over the course of the night.
“I just want Luke’s Ma to know I did not mean to do that to her son,” Hall Ellis told gardaí. “Drink got the better of me.”
In her victim impact statement, Mr O’Reilly’s mother, Janet O’Brien described how her son had always been there for family and friends and was protective of his siblings.
‘Gentle giant’
“He was often described as a gentle giant,” said Ms O’Brien, adding that he was thoughtful and always anxious for other people to be happy.
She said the family was “completely broken” by his loss and that his absence is felt at family occasions.
“He should be here,” she told Judge Melanie Greally.
Ms O’Brien told the court they had never discussed organ donation due to Mr O’Reilly’s young age, but she knew it was something he would do in order to save another family from going through a similar loss.
She said she still expects him to walk through the door and wishes for one more hug that “I know in my shattered heart is never coming”.
A letter from Hall Ellis’ mother was also handed into court in which she said she and her son were devastated and heartbroken by the death of Mr O’Reilly, whom she described as a warm-hearted boy who had always been unfailingly polite to her family.
Passing sentence on Friday, Judge Greally said it was clear Mr O’Reilly was a very special young man who was deeply loved by family and friends. She said it was impossible to adequately describe the scale of their loss.
The judge noted that one punch assaults were now a recurring feature of the caseload in the courts and that the court must have particular regard to the principle of general deterrence in sentencing.
Unprovoked
Judge Greally set out the aggravating circumstances including that it was an unprovoked assault where Mr O’Reilly was punched from behind with no opportunity to defend himself.
She said that having seen Mr O’Reilly in a motionless condition, Hall Ellis left the scene and did not present himself to gardaí until it was apparent he would not survive.
Judge Greally placed the offence in the low-middle range of offending and set a headline sentence of seven years.
She took into account the mitigating circumstances including Hall Ellis’s early plea of guilty, his admissions, an absence of previous convictions for violent conduct, a supportive family and partner, his remorse, work history and testimonials handed into court. She suspended the final two years of the sentence.