The Court of Appeal has quashed a nine-year manslaughter sentence imposed on Marian Linguarar Jnr and substituted a term of eight years, after finding that the original 10-year headline sentence fell outside the available range for the offence committed when he was 16.
The court heard that Linguarar was 16 years and nine months old when he took part in a planned burglary or robbery at Kenny’s Bar in Oughterard, Co Galway, in September 2011. John Kenny, a 53-year-old teacher and part-time publican, was severely beaten and restrained during the incident and died in the pub. Linguarar was convicted of manslaughter by a jury in January 2019 after a contested trial. The Court of Appeal had refused leave to appeal his conviction but allowed a late appeal against the severity of his sentence.
The prosecution submitted that Linguarar played a significant role by admitting two men to the pub and later returning with his father to collect them. It also relied on his false account of leaving the premises. Linguarar argued that he was not directly involved in beating or restraining Kenny and had a limited role in his death.
The appeal challenged the sentencing judge’s 10-year headline sentence, the treatment of Linguarar’s absconding as aggravating, and the weight given to his age. The Court of Appeal rejected the absconding ground, finding no significant error. It said the delays caused in no small measure by his actions compounded the Kenny family’s difficulties, and the judge was entitled to consider that conduct.
The court said a 12-year headline sentence would have been justified for an adult playing Linguarar’s established role, with higher sentences expected for those who administered the extreme violence. It found that his age, the presence of older men from his ethnic community, and his father’s presence significantly reduced the moral culpability that would otherwise have been assessed, while leaving it at a high level.
The appeal judges concluded that the sentencing judge had not attached sufficient significance to Linguarar’s youth. They set a nine-year headline sentence, then applied a 12-month reduction for the mitigation identified, including the additional hardship of custody for a non-national. The resulting eight-year term replaces the Circuit Court sentence and runs from the same date, with credit for time spent in custody for this offence.