The Court of Appeal has dismissed Dermot Griffin’s appeal against the severity of a 15-year prison sentence for manslaughter, finding the sentence fell within the appropriate range and there was no basis to intervene.
The sentence was imposed by the Circuit Court in Dublin on 23 June 2014 and backdated to 2 November 2012. The manslaughter offence occurred on 1 September 2001. The Court of Appeal delivered its decision on 11 June 2018.
The judgment recalled that the case involved a fire set in a makeshift den occupied by two boys. One escaped; 12-year-old Stephen Hughes died. The sentencing hearing had heard victim impact evidence from his mother, Elizabeth Hughes, about the effect of her son’s death on her and other family members.
Griffin’s appeal argued that the sentencing judge gave disproportionate weight to prosecution authorities and aggravating factors, while failing to adequately assess his culpability, mitigation and the authorities relied on by the defence. The appeal also criticised the judge for not identifying a headline sentence figure. The Court noted that the judge had sentenced before the Court of Appeal was established and before it began recommending a two-stage approach to sentencing.
The appeal court said the sentencing judge’s reference to the “very, very serious nature” of the charge could have been clearer, but considered it evident that she meant the particular circumstances of the offence. It described the offence as very serious, citing the death of a child and what it assessed as very high moral culpability and extreme recklessness.
The court referred to evidence that local children frequented the den and testimony from Griffin’s former partner, Tracey Deegan, that he had left home twice that evening saying he was going to burn the hut. It also noted evidence that he had said he felt a foot during his first visit. The court considered that even on the interpretation most favourable to Griffin—that he believed the hut had been vacated or an occupant could escape—his actions showed disregard for the extreme risk to human life.
The court said the mitigating factors were few and limited. The case had been fully contested, so the mitigation associated with a guilty plea and remorse was unavailable, and Griffin’s prior record was very poor. It dismissed the appeal against sentence. The decision addressed sentence severity; it did not alter the manslaughter conviction.