A Tallaght youth has been jailed for eight years for the manslaughter of Ben Smyth, a 14-year-old schoolboy stabbed in the head with a screwdriver last year.
In the Central Criminal Court, Mr Justice Smith told the youth, who cannot be named because he was a minor at the time of the offence: "By any standards, this was a most dastardly act."
He said the youth committed a brutal attack with an offensive weapon on a young boy who was sitting on a wall chatting and playing with his brother and his friends.
At the time of the killing he had no convictions, but was subsequently convicted of a series of offences committed in the months leading up to it, including possession of a screwdriver for use as an offensive weapon.
On November 12th a jury found the youth guilty of manslaughter but acquitted him of the murder of Ben Smyth of Cushlawn Park, Tallaght, on the night of August 19th, 1998.
The trial heard that a scuffle broke out between the youth and Ben Smyth's brother, David, after the youth turned on them when he was refused a cigarette.
Det Sgt Patrick Gavin told an earlier sentence hearing that Ben Smyth had "no hand, act or part" in his own death.
He said when gardai asked the youth why he did not leave after he was refused a cigarette, he replied: "I don't leg it. It's bad for my image."
When detectives asked him if he was sorry for what he had done, he said "No". In later interviews, he continued to show no remorse, although at that stage Ben Smyth was critically ill in hospital.
Yesterday Mr Justice Smith said he was taking into account defence submissions that the youth had offered an early plea of guilty to manslaughter which was not accepted by the DPP.
Mr Patrick Gageby SC, defending, had also asked him to take into account the youth's age, his co-operation with gardai, evidence that he had consumed a considerable amount of drink, and a psychologist's report which described him as withdrawn and of low intelligence. The youth left school at 15.
However, Mr Justice Smith said he could not ignore the circumstances of the case. "This young boy was felled to the ground with a blow to the head, and immediately after the youth walked away with his friend as if nothing had happened."
He sentenced the youth to eight years dating from August 22nd, 1998, and recommended that a long-term remedial therapy be provided for him.
Leave to appeal the severity of the sentence was refused.
Afterwards, Ben Smyth's parents, Mr Pete Smyth and his wife, Fiona, were consoled by neighbours and friends outside the court. Mr Smyth told reporters: "We were hoping for more, but we're not surprised." His mother said: "It should have been life."
Mr Smyth said it was "annoying" for victims' families to listen to the mitigating circumstances that are taken into account in sentencing.
A Ben Smyth Memorial Foundation has been set up with the support of the Smyth family and the actor Patrick Bergin to offer a chance for teenagers living in underfunded areas to continue their education.