The Court of Appeal has varied David Burke’s sentence for manslaughter, leaving the 10-year term in place but increasing the suspended portion from two years and six months to three years and three months. The change reduces the custodial term to be served to six years and nine months.
Burke had appealed the severity of the sentence imposed by the Central Criminal Court on 16 January 2017. The Court of Appeal, in a judgment delivered on 14 May 2019, rejected his main argument that the sentencing judge had wrongly assessed his role in the fatal assault on Dale Creighton. It upheld the finding that Burke was among the most culpable participants.
The appeal court said the sentencing judge was entitled to reject the submission that Burke’s role was limited to detaining Creighton over an alleged phone theft, thereby exposing him to assault by others. The judge had found that Burke had struck and kicked Creighton, then brought him onto a footbridge, where Burke and Ross Callery inflicted a severe beating during a period not captured by CCTV. The appeal court said it was satisfied that Burke and Callery bore the greatest culpability.
The court did, however, express concern that the sentencing judge’s statement that Burke “set the agenda” and “determined what was to happen” might go further than the evidence supported. It nevertheless upheld a distinction between Burke and Callery, citing Burke’s earlier involvement and his role as an instigator, as well as Callery being about five years younger.
The sentencing judge had imposed the same 10-year baseline sentence for manslaughter on several defendants and differentiated their sentences by suspending different portions. Burke’s original sentence left seven years and six months to serve; Callery’s left six years. The Court of Appeal concluded that this 18-month difference was excessive and that Burke’s net sentence was 25 per cent higher.
It substituted a sentence of 10 years’ imprisonment with the final three years and three months suspended. The appeal concerned Burke’s sentence; the court did not alter the other defendants’ sentences in this judgment.