Courts / Dublin / Report
"Differing accounts" of killer's culpability causes difficulty in sentencing
Summary
Ms Justice Deirdre Murphy adjourned the sentencing of Michael Kinsella, 24, of Tallaght, to May 3 after expressing "enormous difficulty" in determining the appropriate penalty. Kinsella pleaded guilty to the manslaughter of Adil Essalhi, who was killed in 2011. His uncle, Wayne Kinsella, was previously convicted of murdering Mr Essalhi. The judge noted that while the plea was accepted on an agreed basis, there are "differing accounts" regarding Kinsella's culpability. Specifically, conflicting evidence exists as to whether Kinsella knew his uncle had lured Mr Essalhi to extract revenge for the murder of Lee Kinsella, or if he was only informed of this at the scene. Ms Justice Murphy stated that without a clear factual basis from the prosecution, the court could not perform its task. She highlighted that the sentencing range available spans from a suspended sentence to life imprisonment. The judge requested that the prosecution clarify the basis on which the guilty plea was accepted before the court can set an appropriate sentence. This follows an earlier adjournment on April 11, during which a victim impact statement was heard from Mr Essalhi's mother, Geraldine.
Who, what, where, when and why
What: Report matter: "Differing accounts" of killer's culpability causes difficulty in sentencing. Charges or matters: murdering Mr Essalhi in 2012; manslaughter which "arose out of the horrific killing of Mr Essalhi." The judge said anything from a suspended sentence to life imprisonment was available to the court but the court had "encountered enormous difficulty in attempting to discharge its function." "It is not clear to the court on the basis of which it is to sentence Mr Kinsella. Procedural stage: sentence. Findings: Convicted
When:
- January 6, 2011 Other
- April 11 Adjournment
- May 3 Incident
- 2016-04-25 Publication
Case subjects
Convicted Person
Charges: murdering Mr Essalhi in 2012; manslaughter which "arose out of the horrific killing of Mr Essalhi." The judge said anything from a suspended sentence to life imprisonment was available to the court but the court had "encountered enormous difficulty in attempting to discharge its function." "It is not clear to the court on the basis of which it is to sentence Mr Kinsella (Admitted)
Plea: Guilty
Outcome: The court previously heard that Michael Kinsella accepts that Mr Essalhi had no involvement in the death of his relative Today Ms Justice Murphy told the court that the accused pleaded guilty to manslaughter which "arose out of the horrific killing of Mr Essalhi." The judge said anything from a suspended sentence to life imprisonment was available to the court but the court had "encountered enormous difficulty in attempting to discharge its function." "It is not clear to the court on the basis of which it is to sentence Mr Kinsella. Mr Naidoo, prosecuting, told the court that he understood the plea of manslaughter was accepted on an "agreed basis between the prosecution and the defence." However the judge said she has read both reports and "it is not clear to her" as "there are varying accounts of what happened on the night." "The conflicting accounts on the sentencing evidence gives the court concern," said the judge The judge said the court will be in a position "to set an appropriat; On April 11 Ms Justice Deirdre Murphy adjourned sentencing until today after hearing a victim impact statement from Mr Essalhi's mother Geraldine.
Background Person
Charges: murdering Mr Essalhi in 2012; manslaughter which "arose out of the horrific killing of Mr Essalhi." The judge said anything from a suspended sentence to life imprisonment was available to the court but the court had "encountered enormous difficulty in attempting to discharge its function." "It is not clear to the court on the basis of which it is to sentence Mr Kinsella (Proven)
Finding: Convicted
Outcome: Convicted; The court previously heard that Michael Kinsella accepts that Mr Essalhi had no involvement in the death of his relative Today Ms Justice Murphy told the court that the accused pleaded guilty to manslaughter which "arose out of the horrific killing of Mr Essalhi." The judge said anything from a suspended sentence to life imprisonment was available to the court but the court had "encountered enormous difficulty in attempting to discharge its function." "It is not clear to the court on the basis of which it is to sentence Mr Kinsella. Mr Naidoo, prosecuting, told the court that he understood the plea of manslaughter was accepted on an "agreed basis between the prosecution and the defence." However the judge said she has read both reports and "it is not clear to her" as "there are varying accounts of what happened on the night." "The conflicting accounts on the sentencing evidence gives the court concern," said the judge The judge said the court will be in a position "to set an appropriat; On April 11 Ms Justice Deirdre Murphy adjourned sentencing until today after hearing a victim impact statement from Mr Essalhi's mother Geraldine.
Places mentioned
- of Blanchardstown Garda Station
- Blanchardstown
Topics
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