Courts / Dublin / Report
Dave Mahon appeals 7-year sentence for killing partner's son
Summary
David Mahon, 46, appeared before the Court of Appeal to challenge the severity of his seven-year sentence for the manslaughter of Dean Fitzpatrick, 23. Mahon had previously pleaded not guilty to the murder of Fitzpatrick, who was stabbed outside his mother's apartment in Dublin in May 2013. A Central Criminal Court jury found him not guilty of murder but guilty of manslaughter, resulting in a sentence handed down by Ms Justice Margaret Heneghan in June 2016. Mahon's counsel, Seán Guerin SC, argued the sentence was excessive, contending that the jury's verdict indicated Mahon merely produced a knife rather than deliberately stabbing the victim, reflecting low culpability. He also disputed aggravating factors, noting Mahon's cooperation with gardaí. Conversely, DPP counsel Anne-Marie Lawlor SC argued the appeal was based on a fallacy, stating the jury rejected the defence of accident or self-impalement. She highlighted that Mahon committed the offence while subject to a suspended sentence for a minor offence and had disposed of the weapon. The appeal panel, comprising Mr Justice Michael Peart, Mr Justice George Birmingham, and Mr Justice Alan Mahon, reserved their judgment. Consequently, the matter was adjourned, and the outcome of the appeal remains pending.
Who, what, where, when and why
What: Report matter: Dave Mahon appeals 7-year sentence for killing partner's son. Charges or matters: the murder of Dean Fitzpatrick (23), the older brother of missing teenager Amy Fitzpatrick, on May 26, 2013. Procedural stage: appeal
When:
- May 26, 2013 Hearing Or Sentence
- June 13, 2016 Hearing Or Sentence
- 2017-10-23 Publication
Why: He produced the knife, he didn't thrust it, he didn't stab, and because he didn't thrust it, he didn't commit an act that could have amounted to a physical assault. CNI source report
Case subjects
Appellant
Charges: the murder of Dean Fitzpatrick (23), the older brother of missing teenager Amy Fitzpatrick, on May 26, 2013 (Alleged Or Contested)
Plea: Not guilty
Outcome: Opening an appeal against the severity of his sentence today Mahon's barrister, Seán Guerin SC, said there was no case "quite like this". She said Mr Guerin had not addressed the fact Mahon committed the offence while being subject of a suspended sentence for a minor offence.
Places mentioned
- Central Criminal Court
- he was in the garda station
Topics
Related court reports
- Judge rejects Gill's arguments against extradition for Robbie Lawlor murder
- Sligo man Barry Young wanted in NI for gangland murder of Robbie Lawlor
- Court hears of 'thuggish' attack on bus passenger who objected to social distancing breaches
- Robbie Lawlor murder accused argues UK trial would breach his rights
- Gill has CAB liability of €860k, bail application told
- Gill's lawyers served with documents covering 'every interaction' with State, court hears
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request