Courts / Waterford / Report

DPP seeks to increase sentence of violent offender who killed musician while on bail

Date
2020-02-03

Stage
Appeal

Court
Waterford Circuit Criminal Court

Primary locality
Waterford

Summary

Craig McGrath, 26, pleaded guilty to manslaughter of Damien O'Brien, 27, after an assault on 7 July 2018. McGrath punched O'Brien twice, causing fatal brain injury. He also pleaded guilty to assaulting Kiefer Dowling in 2017, receiving a five‑year sentence for manslaughter and a two‑and‑a‑half‑year sentence for assault, with the last two years suspended. The total sentence is five‑and‑a‑half years. The Director of Public Prosecutions seeks to increase this sentence, arguing it was unduly lenient, citing McGrath's callous behaviour and breach of a curfew. McGrath's counsel argues the sentence was appropriate, citing Supreme Court guidance that places manslaughter in a medium range of four to ten years. The Court of Appeal will decide on 18 February.

Who, what, where, when and why

What: Report matter: DPP seeks to increase sentence of violent offender who killed musician while on bail. Charges or matters: the manslaughter of Damien O'Brien (27) on July 13, 2018 arising out of an assault that occurred at the junction of John Street and Manor Street, on July 7, 2018; assaulting Kiefer Dowling causing him harm at Shortts Bar, John Street, in Waterford on August 18, 2017. Procedural stage: appeal

When:

July 13, 2018 Incident
July 7, 2018 Incident
August 18, 2017 Incident
May 24, 2019 Hearing Or Sentence
February 18 Incident
2020-02-03 Publication

Case subjects

Craig McGrath

Defendant

Charges: the manslaughter of Damien O'Brien (27) on July 13, 2018 arising out of an assault that occurred at the junction of John Street and Manor Street, on July 7, 2018; assaulting Kiefer Dowling causing him harm at Shortts Bar, John Street, in Waterford on August 18, 2017 (Admitted)

Plea: Guilty

Outcome: He was given five years for manslaughter and a consecutive two-and-a-half year sentence with the final two years suspended for assaulting Mr Dowling by Judge Eugene O'Kelly on May 24, 2019, effectively leaving McGrath with five-and-a-half years in jail for both offences. The Director of Public Prosecutions are now seeking a review of McGrath's sentence on grounds it was "unduly lenient".