Courts / Dublin / Report
Dale Creighton killer has sentence cut on appeal
Summary
The Court of Appeal has reduced the sentence of David Burke, who was found to have the greatest culpability in the fatal assault on Dale Creighton in Tallaght in 2014. Burke, along with four others, pleaded guilty to manslaughter after murder charges were dropped during trial. The original sentencing judge, Ms Justice Deirdre Murphy, imposed a ten-year term on Burke with the final two-and-a-half years suspended, citing his role in setting the agenda. However, President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, re-sentenced Burke to ten years imprisonment with the final three years and three months suspended. This results in a net jail term of six years and nine months, a reduction of nine months. The court determined that the original divergence from the next most culpable offender, Ross Callery, was excessive. Callery, who was also found to have high culpability, received a ten-year sentence with the final four years suspended, leaving a net term of six years. Other participants included Aisling Burke, jailed for one year for violent disorder; James Reid, given a wholly suspended two-year sentence for possession of a knife; Graham Palmer, sentenced to ten years with five suspended; Jason Beresford, sentenced to ten years with four suspended; and Gerard Stevens, sentenced to ten years with seven suspended. The appeal focused on parity and relativity among the multiple defendants.
Who, what, where, when and why
What: Report matter: Dale Creighton killer has sentence cut on appeal. Charges or matters: lesser offences; manslaughter and the five killers were sentenced to 10 years, with suspended periods, depending on their culpability and circumstances; violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence; manslaughter, which were accepted by the State. Procedural stage: appeal
When:
- January 1, 2014 Incident
- new year Other
- 2019-05-14 Publication
Why: The Court of Appeal was also satisfied that the sentencing judge was correct to draw a distinction between David Burke and Ross Callery because of Burke's involvement in the early stages of the incident, "as what might be described as an instigator", and the fact Callery was five years younger. CNI source report
Case subjects
Convicted Person
Charges: violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence; manslaughter, which were accepted by the State (Admitted)
Plea: Guilty
Outcome: Aisling Burke, who pleaded guilty to violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence.
Appellant
Charges: lesser offences; manslaughter and the five killers were sentenced to 10 years, with suspended periods, depending on their culpability and circumstances; violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence; manslaughter, which were accepted by the State (Admitted)
Plea: Guilty
Accused
Charges: lesser offences; manslaughter and the five killers were sentenced to 10 years, with suspended periods, depending on their culpability and circumstances; violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence; manslaughter, which were accepted by the State (Admitted)
Plea: Guilty
Outcome: David Burke and four others pleaded guilty to manslaughter and the five killers were sentenced to 10 years, with suspended periods, depending on their culpability and circumstances. Mr Justice Birmingham, who sat with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, re-sentenced David Burke to ten years imprisonment with the final three years and three months suspended, leaving him with a net jail term of six years and nine months.
Convicted Person
Charges: violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence; manslaughter, which were accepted by the State (Alleged Or Contested)
Outcome: Aisling Burke, who pleaded guilty to violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence.
Convicted Person
Charges: violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence; manslaughter, which were accepted by the State (Alleged Or Contested)
Outcome: Aisling Burke, who pleaded guilty to violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence.
Convicted Person
Charges: violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence; manslaughter, which were accepted by the State (Admitted)
Plea: Guilty
Outcome: Aisling Burke, who pleaded guilty to violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence.
Convicted Person
Charges: violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence; manslaughter, which were accepted by the State (Alleged Or Contested)
Outcome: Aisling Burke, who pleaded guilty to violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence.
Appellant
Charges: violent disorder, was jailed for one year, while James Reid, who pleaded guilty to possession of a knife, was given a wholly suspended two year sentence; manslaughter, which were accepted by the State (Alleged Or Contested)
Outcome: Callery (25), with an address of Gortlum Cottages, Brittas, Co Dublin, was jailed for six years. Ross Callery was sentenced to ten years imprisonment with the final four years suspended.
Places mentioned
- Collinstown
- Brittas
- Dublin
- Tallaght
- Park Avenue
- Portarlington
- Gorey
- Wexford
- Grosvenor Square
- Saint Dominic's Road
- Greenhills Road
- Court of Appeal
- The Central Criminal Court
- Central Criminal Court
Topics
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