The High Court has sentenced Ann Berry to five years in prison after she pleaded guilty to the unlawful killing of Anthony Riordan.
Mr Justice Garrett Sheehan delivered the sentence on 21 October 2011. Berry admitted killing Riordan on 5 June 2009. The judgment says he died from a stab wound to the abdomen inflicted by Berry.
The court set a starting sentence of eight years before mitigation, then reduced it to five years. It identified her guilty plea, remorse, cooperation with gardaí when she was fit to answer questions, and personal circumstances as mitigating factors. The judge described remorse as important.
The judgment recounts that Berry had been severely assaulted by Riordan earlier on the day of the killing and had reported the assault to her doctor and gardaí. It also records evidence of earlier assaults during their relationship. The judge took account of the provocation and of suffering Berry experienced in childhood, while noting that a knife was used and four children were present when Riordan was killed. The court did not consider a suspended sentence appropriate.
The prosecution had argued that provocation should not be counted again in sentencing because it had already been considered when the Director of Public Prosecutions accepted a plea to manslaughter. The defence argued it could be considered in sentencing. The judgment records the court’s decision to take account of provocation in assessing the sentence.
The court said it would not take Berry’s previous convictions into account, including a knife-possession conviction which it was told related to self-harm. It said intoxication would not mitigate the sentence, though alcohol was relevant to rehabilitation. The judgment records that the probation report assessed Berry as presenting an ongoing risk of harm to herself and others.
The judgment concerns sentencing following the guilty plea; it imposes five years’ imprisonment. It does not state a release date or further order.