Courts / Dublin / Report

Jury finds man who admitted stabbing father of one three times not guilty of murder but guilty of manslaughter

Date
2017-11-30

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

Andrew Gibney, 25, of Mulhuddart, Dublin 15, was found not guilty of murder but guilty of manslaughter by a Central Criminal Court jury. The case, an appeal resulting in a retrial after his 2014 life sentence was overturned, concerned the alleged killing of Gerard Burnett, 28, at Castlecurragh Vale on August 21, 2012. Gibney had pleaded not guilty to the murder charge. Prosecution counsel alleged Gibney was part of a joint enterprise to murder Mr Burnett, while defence counsel argued the evidence supported a lesser intent. The jury deliberated for over seven hours before returning their verdict. Mr Justice Paul Butler adjourned sentencing until December 13 and remanded Gibney in custody until that date. Gibney had previously been convicted of the murder and sentenced to life imprisonment in January 2014, but that conviction was quashed by the Court of Appeal in November last year, ordering a retrial. The court heard evidence that Gibney admitted to stabbing the deceased three times in the side. The matter was adjourned for sentencing.

Who, what, where, when and why

What: Report matter: Jury finds man who admitted stabbing father of one three times not guilty of murder but guilty of manslaughter. Charges or matters: murdering Mr Burnett at Castlecurragh Vale, Mulhuddart, Dublin 15 on August 21, 2012. Procedural stage: appeal

When:

August 21, 2012 Other
December 13 Adjournment
January 2014 Hearing Or Sentence
August 21 Hearing Or Sentence
August 28, 2012 Incident
2017-11-30 Publication

Case subjects

Andrew Gibney

Accused

Charges: murdering Mr Burnett at Castlecurragh Vale, Mulhuddart, Dublin 15 on August 21, 2012 (Alleged Or Contested)

Plea: Not guilty

Outcome: He was originally convicted of the 28-year old's murder and sentenced to life imprisonment in January 2014.; The court adjourned sentencing until December 13 and Mr Justice Butler remanded Gibney in custody until that date.