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Dublin man has manslaughter sentence reduced
Summary
In 2014 the Court of Appeal reduced the sentence of 29‑year‑old Shane Millea, who stabbed his cousin Paul Harris to death with a flick knife he had given him as a present. Millea had pleaded not guilty to murder but guilty to manslaughter, and was originally sentenced to ten years with two years suspended. The appeal court found the original sentence too severe and set it aside, imposing an eight‑year term with the last three years suspended on the condition that Millea remain of good behaviour for four years. The court cited Millea's immediate remorse, acceptance of responsibility, and the fact that he had stayed at the scene and provided first aid. The decision was made after considering the gravity of the offence and mitigating factors such as the circumstances of self‑defence and the victim's prior knife possession. The judgment was reserved for a later date.
Who, what, where, when and why
What: Report matter: Dublin man has manslaughter sentence reduced. Charges or matters: murder but guilty to the manslaughter of Mr Harris, which was accepted by the Director of Public Prosecutions. Procedural stage: appeal
When:
- December 2, 2010 Incident
- March 2012 Hearing Or Sentence
- 2014-12-01 Publication
Why: Counsel for Millea, Mr Paul Burns SC, had told the Court of Appeal that Millea's mother was ill but the applicant could not secure temporary release to visit her as the prison service did not consider him appropriate for temporary release because of his pending appeal. CNI source report
Case subjects
Convicted Person
Charges: murder but guilty to the manslaughter of Mr Harris, which was accepted by the Director of Public Prosecutions (Alleged Or Contested)
Outcome: Ms Justice Mary Finlay Geoghegan, presiding at the Court of Appeal, today said the court found that the trial judge did err in principle in the sentence he imposed, and the court was satisfied that Millea was entitled to succeed in his appeal against the severity of the sentence. Ms Justice Finlay-Geoghegan said the court would therefore set aside the sentence of ten years with two years suspended.
Places mentioned
- Court of Appeal
Topics
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