Courts / Dublin / Report
Homeless man appeals 14-year sentence for self-defence killing
Summary
Thomas Kinsella, 37, a homeless man, was convicted of manslaughter by reason of self‑defence for the fatal stabbing of 23‑year‑old John Murdoch on 27 August 2011 in Tallaght. A Central Criminal Court jury found him guilty in December 2012 and he received a 14‑year prison sentence, five of which were suspended, on 31 January 2013. Kinsella's barrister Brendan Grehan SC has now withdrawn an appeal against conviction and is pursuing only a sentence appeal. Grehan argues the headline 14‑year term is unjustified and the five‑year suspended period is excessively long, especially given Kinsella's drug addiction and the circumstances of the incident. The Director of Public Prosecutions, Dominic McGinn SC, contended that Kinsella's habitual knife carrying aggravated the offence and justified the suspended period. The Court of Appeal will consider the appeal. Thomas Kinsella pleaded not guilty.
Who, what, where, when and why
What: Report matter: Homeless man appeals 14-year sentence for self-defence killing. Charges or matters: the murder of John Murdoch at Cushlawn Way – Cushlan Dale in Tallaght on August 27, 2011. Procedural stage: appeal
When:
- August 27, 2011 Hearing Or Sentence
- December 2012 Hearing Or Sentence
- January 31, 2013 Hearing Or Sentence
- 2016-11-17 Publication
Case subjects
Appellant
Charges: the murder of John Murdoch at Cushlawn Way – Cushlan Dale in Tallaght on August 27, 2011 (Alleged Or Contested)
Plea: Not guilty
Outcome: He was sentenced to 14 years imprisonment with the final five suspended by Mr Justice Barry White on January 31, 2013. Kinsella's barrister, Brendan Grehan SC, told the Court of Appeal today that his client wished to withdraw an appeal against conviction and proceed only with a sentence appeal.
Places mentioned
- Orchid House
- James Street
- Cushlawn Way
- Central Criminal Court
- Court of Appeal
- The Central Criminal Court
Topics
Drugs Stage Appeal Violent Crime
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