The Court of Criminal Appeal (CCA) has dismissed an appeal against a 10-year sentence imposed on a young Dublin man for the manslaughter of a 19-year-old who was attacked and beaten in a city suburb.
The appeal was taken by Stephen Aherne (20), formerly Willington Crescent, Templeogue, now College Farm Park, Newbridge, Co Kildare. He was jailed for 10 years for his part in Brian Mulvaney's death in Templeogue on March 11th, 2000. A co-accused was jailed for life for murder.
Aherne had also received a three-year concurrent sentence for two separate assaults in the hours preceding the fatal attack on Mr Mulvaney.
In May, the three-judge CCA decided there had been an error in principle by the trial judge in the sentencing of Aherne on the manslaughter charge. It heard submissions as to what the actual sentence should be last month and reserved judgment on the length of the sentence.
Mr Justice Hardiman said there were aggravating and indeed seriously alarming aspects to the crime. It appeared utterly gratuitous.
In all the circumstances, the offence would have to be regarded as being in the most serious category of manslaughter. A weapon was used but it had not been been carried by Aherne.
Given the jury's verdict of manslaughter, the court must acknowledge that Aherne did not have an intention to kill or cause serious injury, the judge added. There were three mitigating factors: Aherne's youth, the fact that he had no previous convictions and the fact that he had offered a plea to manslaughter.
Were it not for those factors, the CCA would feel obliged to impose a 14-year sentence for so vicious and gratuitous attack, Mr Justice Hardiman said.