A teenager who used “extreme violence” in kicking a defenceless man to death has been sentenced to life detention with a review after eight years.
The 17-year-old, who cannot be named as he is a minor, will come before the Central Criminal Court again in June 2028 when a judge will use probation and education reports and psychological assessments to review his progress and decide whether or not he can safely return to society.
The sentencing judge said a “significant effort” will be required from State agencies to give hope of rehabilitation, as reports before the court indicate that the boy is at a high risk of violent reoffending.
The court previously heard that the boy had experienced “17 years of neglect”, cannot articulate the loss, loneliness or rejections he has experienced and that “the only expressive language available to him appears to be anger”.
The accused pleaded guilty earlier this year to the murder of Romanian national Claudio Robu (39) on a laneway off Madison Road, South Circular Road, Dublin 8 on September 14th, 2020.
The accused was 16 at the time of the murder.
Passing sentence on Thursday afternoon, Mr Justice Paul McDermott said the youth had a “high degree of moral culpability” and knew what he was doing when he kicked Mr Robu to death.
The judge said it is “disturbing” that he assaulted his victim and then returned some hours later to continue the fatal attack after he had time to withdraw and think about what he had done.
He had used “extreme violence,” the judge said, and although he did not use a weapon there was “ferocity and intent in his actions.”
Mr Justice McDermott said there were “very concerning elements” to the case, including that the accused is a “volatile young man who is prone to anger and capable of great violence.”
Justice McDermott noted mitigating factors including the offender’s age, guilty plea and acceptance of moral responsibility.
He has also shown, the judge said, “a degree of remorse”, and while a lack of empathy has been noted in psychological assessments before the court, Mr Justice McDermott said that is due to the youth’s “lack of emotional development”.
The judge also noted the teenager’s difficult upbringing in which he witnessed and experienced violence and was abandoned as a child and left in the care of his step-father, with whom he had a difficult relationship.
The accused is now “isolated”, the judge said, with little family support.
The judge also noted the accused had made significant efforts while in Oberstown Detention Centre and has achieved “some degree of progress in respect of his drug and alcohol abuse”.
The reports before the court, however, indicate that the boy is at a high risk of violent reoffending.
“A significant effort will be required from the State agencies to give hope of rehabilitation,” the judge said.
Mr Justice McDermott went through the principles for sentencing child offenders.
He said there is no guidance in the Children Act or the Parole Act on sentencing children convicted of murder but among the fundamental principles is to work rehabilitation into any sentence imposed on a juvenile and to use detention as a last resort.
He said the mandatory term of life imprisonment does not apply and he had to consider the offender’s level of development, state of mind at the time of the offence and his level of culpability in the context of his age and maturity.
He also considered the offender’s capacity for cognitive development, his prospects for rehabilitation and possible safe return to society.
The Central Criminal Court judge who reviews the case in 2028 will have the benefit of psychological assessments and probation and education reports that will be submitted to the court registrar every two years.
Those reports, Justice McDermott said, will be “relevant and important factors in determining if and when he should be released”.
Due to the offender’s age, Justice McDermott said, it is not possible to assess his personality and character and “time will be required to assess them as he grows older to determine the appropriate release date in his and society’s best interests”.
Addressing the family of the deceased, the judge said the murder had “caused enormous damage and hurt and loss and that is something that cannot be appreciated fully, except by those who suffer as a consequence of this offence”.
He said the sentence will be of little comfort to those who have suffered the loss of a loved one.