Judgment: 2015-01-19 · Court archive

Court of Appeal cuts manslaughter sentence from 12 years to 10

The court found the original sentence placed the offence too high on the scale of gravity and suspended its final two years subject to a bond.

The Court of Appeal · 143/12

Who, what, where, when and why

Who
  • Karl Donohoe (Appellant)
  • Ray Bates
What

The court found the original sentence placed the offence too high on the scale of gravity and suspended its final two years subject to a bond.

Where

Places mentioned in the report

  • Sandymount, Dublin
  • Sandymount
  • Dublin
When

Judgment:

Why

Read the report below for the decision and any reasons given.

The Court of Appeal reduced Karl Donohoe’s sentence for manslaughter from 12 years to 10 years, suspending the final two years on conditions including a €1,000 bond.

Donohoe had appealed against the severity of the sentence imposed by the Central Criminal Court after he pleaded guilty to the manslaughter of Ray Bates. The judgment says the plea was entered on 23 February 2012 and the sentence was imposed on 23 April 2012.

The appeal judgment recounts that the two men had been driving in Sandymount, Dublin, when an argument followed a traffic encounter. Donohoe took a hurley from his car and struck Bates repeatedly, including while Bates was on the ground. Bates later drove home, was taken to hospital the following day and died on 30 September 2010. The judgment says haemophilia contributed to his death but did not amount to a defence.

The sentencing judge assessed the case as meriting 12 years’ imprisonment, with the final two years suspended. The appeal court noted that the Director of Public Prosecutions had described the offence as being at the upper end of the mid-range, and that both parties agreed the mid-range ended at 10 years. It said it was unclear whether the sentencing judge disagreed with that submission or had assumed the range extended to 12 years.

Donohoe argued that the sentence was disproportionate, failed to account for mitigating factors and took account of matters that should not have been considered. The prosecution submitted that the sentencing judge had followed established principles and that the sentence should stand.

The Court of Appeal said the circumstances placed the offence in a serious class, but the trial judge had located it too high on the scale of gravity. It set the starting point at 10 years, citing proportionality, consistency and rehabilitation, and imposed a 10-year sentence with the final two years suspended. The suspension was conditional on Donohoe entering a €1,000 bond to keep the peace and be of good behaviour during that period.

The judgment does not state whether the earlier condition requiring a bond to keep away from Bates’s family remained in force.

Read the original court judgment

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