Courts / Dublin / Report
Judge questions defence of provocation in murder cases where only 'words' were used
Summary
Mark Tims, 46, was sentenced at the Central Criminal Court following a jury verdict that found him not guilty of murder but guilty of manslaughter for the killing of his father, Anthony 'Tony' Tims, at their home in Clondalkin, Dublin 22, on July 13, 2018. Tims had pleaded guilty to manslaughter and not guilty to murder, a plea initially rejected by the DPP before the trial. During the sentencing hearing, Mr Justice Tony Hunt questioned the validity of the provocation defence, which the jury accepted based on the deceased's verbal abuse, noting that Tims recovered his composure quickly and acted callously by purchasing alcohol and removing his SIM card. The judge highlighted that Tims was free to leave the shared residence. Prosecution counsel Michael Delaney SC argued the offence fell in the medium range of culpability, while defence counsel Vincent Heneghan SC agreed with this assessment, citing a comparable seven-year sentence in another case. The court heard evidence of Tims's remorse, low intelligence, and previous minor convictions, including a 2009 assault fine. Impact statements from the deceased's sister and partner were read. Mr Justice Hunt reserved his decision, and the matter was adjourned until March 16 for the imposition of sentence.
Who, what, where, when and why
What: Report matter: Judge questions defence of provocation in murder cases where only 'words' were used. Charges or matters: manslaughter but not guilty to the murder of his father Anthony 'Tony' Tims at the home they shared at Rowlagh Green, Clondalkin, Dublin 22 on July 13, 2018. Procedural stage: sentence
When:
- July 13, 2018 Hearing Or Sentence
- July 2009 Incident
- March 16 Incident
- 2020-02-24 Publication
Case subjects
Accused
Charges: manslaughter but not guilty to the murder of his father Anthony 'Tony' Tims at the home they shared at Rowlagh Green, Clondalkin, Dublin 22 on July 13, 2018 (Admitted)
Plea: Guilty
Outcome: Vincent Heneghan SC, for the defence, agreed with the DPP's assessment and pointed to another case involving a man who kicked and punched his friend to death and was sentenced to seven years imprisonment.
Places mentioned
- High Court
- Central Criminal Court
- Supreme Court
Topics
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