Courts / Offaly / Report
Man who covered up Toddy Dooley murder claims already-served sentence interfering with job hunt
Summary
The Court of Appeal has reserved its judgment in an appeal by James Davy regarding the severity of his sentence. Davy, along with Mathew Cummins, was initially convicted of murdering Thomas 'Toddy' Dooley in 2014. In 2021, the Court of Appeal quashed these murder convictions, finding no evidence of a joint enterprise to kill. Instead, the court substituted convictions for impeding the apprehension of Sean Davy, who remains serving a life sentence for the murder. Davy was re-sentenced to nine years in jail, with the final two years suspended, but the sentence was marked as served. He was released in September 2021 after serving six years and nine months. Davy now appeals against the severity of this already-served term, arguing it negatively impacts his job prospects. Counsel for the State described the appeal as moot. However, Mr Justice Edwards noted that while the sentence is served, Davy is entitled to due process and a proportionate censure. He criticized the re-sentencing judge for failing to consider Davy's remorse, mental health, addiction, and prison progress. The court will decide whether the sentence was excessive given these unaddressed mitigating factors.
Who, what, where, when and why
What: Report matter: Man who covered up Toddy Dooley murder claims already-served sentence interfering with job hunt. Procedural stage: appeal
When:
- July 2021 Hearing Or Sentence
- February 12, 2014 Other
- September 2021 Other
- August 2021 Hearing Or Sentence
- 2023-06-13 Publication
Why: A man whose conviction for murdering a defenceless grandfather in his own home was quashed and substituted with a lesser offence has appealed against the severity of his seven-year jail term – which has already been served – because of its impact on his job opportunities. Defence account reported by CNI
Case subjects
Convicted Person
Outcome: Davy was re-sentenced to nine years in jail with the final two years suspended by Mr Justice Michael White for his attempt to dispose of the baseball bat after the murder but the sentence was marked as served. Mr Justice Edwards said that the re-sentencing judge made no reference to Davy's remorse, his mental health difficulties, his addiction nor the accused's progress in prison which Davy was "entitled to have taken into account" when being re-sentenced. "But none of these were even mentioned," said Mr Justice Edwards.
Appellant
Defendant
Outcome: Mr Dwyer said that Davy had lost "a number" of job opportunities due to the length of the nine-year sentence albeit with two years suspended. Mr Justice Edwards said that the re-sentencing judge made no reference to Davy's remorse, his mental health difficulties, his addiction nor the accused's progress in prison which Davy was "entitled to have taken into account" when being re-sentenced. "But none of these were even mentioned," said Mr Justice Edwards.
Places mentioned
- Court of Appeal
Topics
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