State appeals jail sentence for Courtown death

THE COURTOWN man jailed for killing his partner’s ex-husband, who died from a knife wound to a varicose vein after a row on Christmas Eve, must wait to hear whether his sentence will be increased following an appeal by prosecutors.

David Shanley (48), of Courtown Harbour, Gorey, had pleaded guilty to the manslaughter of John Lawlor (48) who bled to death at his house at Ballinatray Lower, Courtown, on Christmas Eve 2014. Shanley’s guilty plea to manslaughter was accepted by the DPP.

He was sentenced to five years imprisonment with the final two-and-a-half years suspended by Mr Justice Paul Butler on October 24, 2016.

In sentencing, Mr Justice Butler said the victim, who was a father of three, had been a ‘much loved son, brother, father and grandfather’.

He said Shanley eventually ‘accepted responsibility for his actions’ even though he had originally tried to ‘deflect any responsibility’ by telling gardaí that the struggle with Mr Lawlor had been a ‘fight for survival’.

Noting the unusual nature of the wound, ‘which was just below the knee’, the judge accepted that Shanley could not have predicted that his actions would have had ‘fatal consequences’.

The Director of Public Prosecutions are seeking a review of Shanley’s sentence on grounds that it is ‘unduly lenient’. The three-judge Court of Appeal reserved judgment.

Counsel for the DPP, John O’Kelly SC, submitted that the five-year tariff was too low and the 50 per cent discount applied for mitigating factors was too high. He said Shanley had been sending ‘threatening texts’ to Mr Lawlor during the day but Mr Lawlor did not respond.

Essentially, Shanley headed out to Mr Lawlor’s house armed with a knife with an intent to attack. Mr O’Kelly said anyone who goes out armed with a knife to ‘sort something out’ should be placed in a ‘very serious category’.

The court heard there was evidence Mr Shanley had been punched and kicked and that, according to medical evidence, the wound sustained by Mr Lawlor would not ordinarily result in death.

Counsel for Shanley, Patrick Gageby SC, said it was not a case of assault manslaughter but ‘unlawful and dangerous’.

He said the medical evidence established that the wound would not have caused death or serious injury had the vein not had the peculiarity of being swollen and in the place that it was.

Mr Gageby said foresight did not arise and the location of the wound spoke to the intent.

Mr Justice Alan Mahon, who sat with Mr Justice John Edwards and Mr Justice John Hedigan, said the court would reserve its judgment.