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Lawyers raise UK Supreme Court ruling on joint enterprise in murder appeal
Summary
In 2016, Andrew Gibney, aged 23, appealed his murder conviction for the 2012 stabbing of Gerard Burnett, aged 28, in Mulhuddart. Gibney had pleaded not guilty but was found guilty by a jury 10‑2 and sentenced to mandatory life imprisonment. His counsel, Giollaíosa Ó Lideadha SC, argued that a miscarriage of justice occurred, citing the UK Supreme Court's Jogee decision that clarified joint enterprise law. Ó Lideadha contended that Gibney's intent was to harm, not kill, and that the jury was denied the opportunity to consider a partial defence. He also challenged the admissibility of a witness statement that alleged Gibney said he would "kill" Burnett. The appeal was adjourned for a later hearing.
Who, what, where, when and why
What: Report matter: Lawyers raise UK Supreme Court ruling on joint enterprise in murder appeal. Charges or matters: murdering Gerard Burnett (aged 28) at Castlecurragh Vale, Mulhuddart on August 21, 2012. Procedural stage: appeal. Findings: Found guilty
When:
- August 21, 2012 Incident
- January 28, 2014 Incident
- 2016-04-08 Publication
Case subjects
Appellant
Charges: murdering Gerard Burnett (aged 28) at Castlecurragh Vale, Mulhuddart on August 21, 2012 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; Gibney was found guilty by a jury verdict of 10-2 and was given the mandatory life sentence by Mr Justice Patrick McCarthy on January 28, 2014.; The appeal hearing before Mr Justice George Birmingham, Mr Justice Garrett Sheeehan and Mr Justice John Edwards, was adjourned to a later date.
Places mentioned
- Drumheath Avenue
- UK Supreme Court
- The UK Supreme Court
Topics
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