Courts / Dublin / Report

Jury must decide if State has proved murder accused knew force was "excessive"

Summary

In a Central Criminal Court hearing on 14 December 2017, Mr Justice Patrick McCarthy presided over the trial of 19‑year‑old Graham McEvoy, who was charged with murder but pleaded not guilty to that charge and guilty to manslaughter. McEvoy's plea to manslaughter indicates acceptance of responsibility for the killing of 23‑year‑old Paul "Paulie" Curran, but denies intent to kill or cause serious injury. McEvoy claimed that he met Curran to sell cocaine, and that Curran drew a knife and attempted to slash him. McEvoy then stabbed Curran six times, resulting in fatal injuries. Justice McCarthy explained that a defendant may be found guilty of manslaughter if the force used was excessive, even if the defendant was not intent on killing. He instructed the jury that they must decide whether the prosecution proved beyond reasonable doubt that McEvoy knew the force was excessive. The jury was then sent to deliberate.

Who, what, where, when and why

What: Report matter: Jury must decide if State has proved murder accused knew force was "excessive". Charges or matters: murder but guilty to the manslaughter of Paul "Paulie" Curran (23) at Seagull House on Crumlin Road in Dublin on July 16, 2016. Procedural stage: trial

When:

• July 16, 2016 Hearing Or Sentence
• 2017-12-14 Publication

Case subjects

Places mentioned

Topics

Drugs Stage Trial Violent Crime

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Read the original CNI report