Courts / Dublin / Report

Man sentenced to eight years for killing Dublin father he stabbed three times

Date
2017-12-13

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

A Mulhuddart man, Andrew Gibney, who admitted stabbing Gerard Burnett three times, was sentenced to eight years in prison with one year suspended at the Central Criminal Court for manslaughter during an appeal. Gibney was found not guilty of murder but guilty of manslaughter by a jury last month after deliberating for seven hours and six minutes over three days. He had pleaded not guilty to murdering Mr Burnett at Castlecurragh Vale, Mulhuddart, Dublin 15 on August 21, 2012. Mr Justice Paul Butler accepted the jury's verdict, noting that Gibney did not intend to kill or cause serious injury. Gibney admitted stabbing Mr Burnett three times in the side with a knife and voluntarily went to gardaí a week after the incident. The prosecution argued that Gibney was part of a joint enterprise to murder Mr Burnett, while the defence maintained that the appropriate verdict was manslaughter. The court heard that Mr Burnett suffered 30 knife injuries, including six fatal stab wounds to his chest. Mr Justice Butler noted that Gibney's remorse was credible and that he had made progress while in custody. The sentence was backdated to August 28, 2012, when Gibney entered custody. The matter was adjourned for the sentence hearing, and Gibney was asked to enter a bond of €100 for good behaviour.

Who, what, where, when and why

What: Report matter: Man sentenced to eight years for killing Dublin father he stabbed three times. Charges or matters: murdering Mr Burnett at Castlecurragh Vale, Mulhuddart, Dublin 15 on August 21, 2012. Procedural stage: appeal. Findings: Acquitted

When:

August 21, 2012 Other
August 2012 Incident
August 28, 2012 Incident
January 2014 Hearing Or Sentence
August 21 Other
August 27 Hearing Or Sentence
2017-12-13 Publication

Why: The judge said the defendant's remorse was "entirely credible" because of his attitude in going to gardaí, admitting all of the facts and not seeking bail. CNI source report

Case subjects

Unnamed 25-year-old

Defendant

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

Plea: Not guilty

Finding: Acquitted

Outcome: Acquitted; A Mulhuddart man who admitted stabbing a father-of-one three times has been sentenced to eight years with one suspended at the Central Criminal Court for his manslaughter. Mr Justice Butler then sentenced Gibney to eight years in prison with one year suspended and backdated it to when he went in to custody on August 28, 2012.