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Dave Mahon loses appeal against severity of 7-year sentence for killing partner's son
Summary
Dave Mahon, aged 46, lost an appeal against a seven‑year prison sentence for the killing of his partner's son, Dean Fitzpatrick, aged 23. Mahon had pleaded not guilty to murder but was found guilty of manslaughter by a Central Criminal Court jury. The jury held that Mahon had not thrust a knife into Fitzpatrick, only produced it, and that the death was accidental or possibly suicide. The Court of Appeal upheld the sentence, noting it was typical for knife manslaughters and that the judge had considered aggravating factors such as the production of a large knife, the failure to seek medical help and the relationship between Mahon and Fitzpatrick. The appeal was dismissed, leaving Mahon's seven‑year term in place. The case was heard on 8 December 2017.
Who, what, where, when and why
What: Report matter: Dave Mahon loses appeal against severity of 7-year sentence for killing partner's son. Charges or matters: the murder of Dean Fitzpatrick (23), the older brother of missing teenager Amy, on May 26, 2013; manslaughter in advance of his trial for murder and he came before the court without previous convictions of any relevance. Procedural stage: appeal
When:
- May 26, 2013 Hearing Or Sentence
- June 13, 2016 Hearing Or Sentence
- 2017-12-08 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, Mr Guerin said. CNI source report
Case subjects
Appellant
Charges: the murder of Dean Fitzpatrick (23), the older brother of missing teenager Amy, on May 26, 2013; manslaughter in advance of his trial for murder and he came before the court without previous convictions of any relevance (Alleged Or Contested)
Plea: Not guilty
Outcome: He said sentences of eight years, one year higher than was imposed on Mahon, were imposed by the Court of Criminal Appeal in DPP v Dillon, DPP v Kelly and DPP v Cooney, where guilty pleas to manslaughter had been offered. Mr Justice Birmingham, who sat with Mr Justice Michael Peart and Mr Justice Alan Mahon, said the sentence decided upon was not out of line with sentences imposed in previous cases that might be regarded as broadly similar.
Places mentioned
- Central Criminal Court
- Court of Appeal
- Appeal's view
- presented himself to Coolock garda station
Topics
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