Courts / Dublin / Report

Murderer fails in bid to have defence of duress referred to Supreme Court

Summary

In April 2011, David Patchell, aged 25, was sentenced to life imprisonment for the murder of Stephen O'Halloran, who was shot to death in a car on Kilmartin Drive, Tallaght, on 19 January 2009. Patchell, a former Shamrock Rovers under‑21 player, denied the murder but was found guilty by a Central Criminal Court jury. He was also cleared of attempting to murder two other men but convicted of causing them serious harm on the same occasion. During the trial, Patchell admitted participation in the shooting, claiming he acted under duress because he was threatened that he and his parents would be killed if he did not take part. His defence counsel sought to use duress as a defence, a first for a murder case in Ireland. The Court of Criminal Appeal ruled that duress is not available for murder. Patchell appealed to the Supreme Court, arguing a point of law of exceptional public importance.

Who, what, where, when and why

What: Report matter: Murderer fails in bid to have defence of duress referred to Supreme Court. Charges or matters: the murder of Stephen O'Halloran by a Central Criminal Court jury. Procedural stage: sentence. Findings: Found guilty

When:

• April 2011 Hearing Or Sentence
• January 19, 2009 Hearing Or Sentence
• 2014-07-07 Publication

Why: There was evidence that Patchell admitted to his part in the enterprise but claimed he did so because he was threatened that he and his parents would be killed unless he participated in the attack. CNI source report

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

Related court reports

• Pair jailed for preying on innocent shooting victim in 'vicious extortion racket'
• 'Fun loving' drug dealer jailed over possession of €90k in crime cash
• 'I'm doing my job as a mum': court hears exchange between mother and accused son
• Separated husband spared conviction despite alleged threat to throw former wife out window
• Serial criminal set car ablaze after release from Melanie McCarthy-McNamara manslaughter sentence
• Drug dealer further sentenced for 'crudely' laundering own crime cash

Read the original CNI report