Courts / Ireland / Report

Dave Mahon will not appeal manslaughter verdict

Date
2016-05-30
Stage
Appeal

Summary

Dave Mahon, the appellant, has confirmed he will not appeal the manslaughter verdict regarding the death of Dean Fitzpatrick. Mahon, 45, was found guilty of killing his partner's son, who received a fatal stab wound to the abdomen outside their shared apartment in Northern Cross on May 26, 2013. He had pleaded not guilty to the initial charge of murder but was cleared of that count. During the sentencing hearing, Ms Justice Heneghan heard three victim impact statements from Dean's father, Christopher Fitzpatrick; his partner, Sarah O'Rourke; and his mother, Audrey Mahon. The court also noted that Mahon had previously received a four-month suspended sentence for dangerous, drunk, and careless driving, which was active at the time of the killing. Defense counsel Sean Guerin SC argued that Mahon accepted the jury's verdict and that the case represented involuntary manslaughter at the bottom of the culpability scale. He also highlighted Mahon's medical issues, including hip replacements. Prosecution counsel Remy Farrell SC presented the victim impact statements. Ms Justice Heneghan stated she would hand down sentence on June 13th and remanded Mahon in custody until that date. The matter was adjourned for sentencing.

Who, what, where, when and why

What: Report matter: Dave Mahon will not appeal manslaughter verdict. Procedural stage: appeal

When:

Why: "In the time since Dean's death, I've been admitted to hospital because of the stress," he said. CNI source report

Case subjects

Dave Mahon

Appellant

Plea: Not guilty

Outcome: He'd received a four-month sentence, which had been suspended for a year, and it was during this suspension that he killed Mr Fitzpatrick. He said that, despite the recent Moriarty judgment in relation to suspended sentences, there remained a means of imposing one.; Ms Justice Heneghan said she would hand down sentence on June 13th and remanded him in custody until then.

Places mentioned

Incident
  • Burnell Square
Facility
  • Beaumont Hospital
Court Venue
  • High Court

Topics

Stage Appeal Violent Crime

Read the original CNI report

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