Courts / Kildare / Report

Sentencing postponed after deceased's family "deeply unhappy" with omitting parts of victim impact evidence

Date
2017-11-20
Stage
Sentence
Primary locality
Kildare
County
Kildare

Summary

Paul Gill, 37, of Naas, pleaded guilty to assaulting Patrick "Patsy" Kelly and Martin Curtis on 22 August 2015. He had earlier pleaded not guilty to manslaughter and was acquitted after a six‑day trial. Judge Melanie Greally postponed his assault sentence because the Kelly family objected to the omission of parts of their victim impact statement. The prosecution argued that the Victims of Crime Act 2017 allows family members to be treated as direct victims, but the court was still operating under the 2010 Act. The family was deeply unhappy that elements of their statement were excluded, leading to an adjournment. Gill remains on bail and the sentencing hearing has been rescheduled for December. Eye witnesses described Gill grabbing Kelly by the collar, dragging him, punching and kicking him, while medical evidence indicated heart disease as the main cause of death, with alcohol and injuries as contributory factors.

Who, what, where, when and why

What: Report matter: Sentencing postponed after deceased's family "deeply unhappy" with omitting parts of victim impact evidence. Charges or matters: assaulting the deceased Patrick "Patsy" Kelly and Martin Curtis near his home on August 22, 2015; unlawfully killing Mr Kelly during the same incident and was acquitted of manslaughter after a six day trial last month. Procedural stage: sentence. Findings: Acquitted

When:

Why: Ms Crowe noted that it was a "grey area" because the Victims of Crime Act 2017 has not yet been enforced, though it has been signed into law. CNI source report

Case subjects

Paul Gill

Defendant

Charges: assaulting the deceased Patrick "Patsy" Kelly and Martin Curtis near his home on August 22, 2015; unlawfully killing Mr Kelly during the same incident and was acquitted of manslaughter after a six day trial last month (Admitted)

Plea: Guilty

Finding: Acquitted

Outcome: Acquitted; Judge Greally remanded Gill, a construction worker, on continuing bail and put the matter back for sentence to December.; Judge Greally remanded Gill, a construction worker, on continuing bail and put the matter back for sentence to December.

Places mentioned

Secondary Mention
Residence
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
Address Area
  • Sarto Road

Topics

Stage Sentence Violent Crime

Related court reports

Read the original CNI report

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