Courts / Ireland / Report
Man facing murder retrial after court ruling on joint enterprise case
Summary
In 2012, Andrew Gibney (24) of Mulhuddart was part of a group that stabbed Gerard Burnett (28) outside his girlfriend's house, resulting in Burnett's death after 30 stab wounds. Gibney pleaded not guilty at the Central Criminal Court and was convicted of murder by a 10‑2 jury verdict, receiving a mandatory life sentence on 28 January 2014. He appealed, arguing a miscarriage of justice, citing a UK Supreme Court ruling on joint enterprise that clarified that a person who participates in an attack but does not intend serious harm may be guilty of manslaughter rather than murder. The Court of Appeal, led by Justice Garrett Sheehan, found that the trial judge failed to direct the jury on this partial defence and allowed the appeal. Gibney was remanded in custody for a retrial at the Central Criminal Court.
Who, what, where, when and why
What: Report matter: Man facing murder retrial after court ruling on joint enterprise case. Charges or matters: murdering Gerard Burnett (28) at Castlecurragh Vale, Mulhuddart on August 21, 2012. Procedural stage: appeal. Findings: Found guilty
When:
- August 21, 2012 Incident
- January 28, 2014 Other
- 2016-11-15 Publication
Case subjects
Appellant
Charges: murdering Gerard Burnett (28) at Castlecurragh Vale, Mulhuddart on August 21, 2012 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; Gibney was found guilty by a jury verdict of 10-2 and was given the mandatory life sentence by Mr Justice Patrick McCarthy on January 28, 2014.; Gibney was remanded in custody to appear before the Central Criminal Court.
Places mentioned
- Court of Appeal
- UK Supreme Court
- Central Criminal Court
- Drumheath Avenue
- had gone to Finglas Garda station
Topics
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