Courts / Dublin / Report

Homeless former addict who killed man in self-defence has headline sentence reduced

Date
2016-12-09

Stage
Appeal

Primary locality
Tallaght

County
Dublin

Summary

Thomas Kinsella, 37, was found not guilty of murder but guilty of manslaughter by reason of self‑defence after stabbing John Murdoch in Tallaght on 27 August 2011. The Central Criminal Court jury accepted that Kinsella believed he was acting in self‑defence and used no more force than he thought necessary. He was originally sentenced to 14 years' imprisonment, with the final five years suspended. On appeal the Court of Appeal held that the 14‑year starting point was "seriously out of line" with comparable manslaughter cases and re‑sentenced him to 11 years' imprisonment, suspending the final two years. The judge noted Kinsella's progress in custody, including attendance at AA meetings and being free of drugs and alcohol, and expressed hope that he will avoid re‑offending after release.

Who, what, where, when and why

What: Report matter: Homeless former addict who killed man in self-defence has headline sentence reduced. 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
January 31, 2013 Hearing Or Sentence
2016-12-09 Publication

Case subjects

Thomas Kinsella

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. Mr Justice Birmingham, who sat with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, re-sentenced Kinsella to 11 years imprisonment with the final two suspended.