Courts / Kilkenny / Report
Relatives of man stamped to death in 'brutal' attack applaud as killer's appeal fails
Summary
In a Court of Appeal hearing on 4 July 2024, the appeal of Garrett Smith, 35, who was convicted of manslaughter for stamping to death Edward Liam O'Sullivan in his own home, was dismissed. Smith had sought to reduce his 13.5‑year sentence, arguing it was too harsh, but the three‑judge panel, led by Mr Justice John Edwards, found no merit in his appeal. Edwards reaffirmed the jury's decision to convict of manslaughter rather than murder, citing Smith's intoxication and the "sheer viciousness and brutality" of the attack. He rejected claims that the trial judge had failed to consider mitigating factors, noting the original headline sentence of 16 years was reduced to 14.5 years with 12 months suspended. The decision was met with brief applause from the victim's family before Smith was escorted back to prison.
Who, what, where, when and why
What: Report matter: Relatives of man stamped to death in 'brutal' attack applaud as killer's appeal fails. Procedural stage: appeal. Findings: Convicted
When:
- February 6, 2020 Incident
- 2024-07-04 Publication
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; Garrett Smith (35) had argued before the three-judge court that the sentence was too harsh, despite having been told by his trial judge that the jury had been "charitable and merciful" in finding Smith guilty of manslaughter instead of murder. Mr Justice Edwards noted that the trial judge had set a headline sentence of 16 years and reduced that to 14.5 years with the final 12 months suspended. "While the sentencing judge might have had some scope to be more generous, we do not believe that he operated outside his margin of appreciation." When Mr Justice Edwards dismissed the appeal, family and friends of the deceased gave a brief applause before prison officers took Smith back to the cell area.
Places mentioned
- Court of Appeal
- Central Criminal Court
- St John's Park
- Waterford
- High Hayes Terrace
- Kilkenny
Topics
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