The Court of Appeal has found a five-year prison term given to a man for killing his best friend was not unduly lenient.
Paul Rice (28), with a last address in Dublin 1, had pleaded guilty to the manslaughter of his former best friend Keith Mills (22) in Ayrfield, Dublin, on December 22nd, 2008, following an argument after the pair had been drinking for two days.
Rice (28) was sentenced to seven years imprisonment with the final two suspended by Ms Justice Margaret Heneghan at Dublin Circuit Criminal Court on July 9th, 2012.
Refusing the DPP's undue leniency appeal, Mr Justice George Birmingham said the background to the case lay in an assault on Mr Mills which resulted in him dying from his injuries ten days later.
Both Rice and Mr Mills were among a group of young men that had been drinking heavily over a couple of days, Mr Justice Birmingham said.
Mr Mills had been playing with a belt, it appears he hit Rice’s sister with the belt and the accused had “lost it” in his own words, Mr Justice Birmingham said.
Rice confronted Mr Mills, they fell back onto a television and Rice accepted that he delivered what he described as “a number of boots to the head” and accepted that the assault continued.
Rice seemed to accept on some occasions that there were further kicks to the head after Mr Mills had lost consciousness but on other accounts Rice said these kicks were to the ribs.
Mr Mills sustained severe traumatic brain injuries, Mr Justice Birmingham said. He was brought from the assault scene to nearby Beaumont Hospital where he remained in a coma for ten days before being pronounced dead.
The gardaí who spoke to Rice were told that Mr Mills had been injured by two men with whom he had been drinking in a local pub which was completely untrue, the judge said.
When Rice was arrested he initially put forward that false account but was subsequently more forthcoming and had entered a guilty plea.
“This was by any standards a very serous assault involving gratuitous violence. The outcome has been a truly terrible tragedy,” Mr Justice Birmingham said.
“It is an incident which has seen a young man needlessly, pointlessly losing his life at the hands of his best friend That that could happen is really hard to comprehend.”
Mr Justice said the victim impact report made clear in stark and moving terms the impact that this loss had on the deceased’s mother, father, two sisters, partner and daughter, who at such a young age lost the company and support of her father.
He said Rice was 22 years of age at the time of the offence. It seemed he had learning difficulties and addiction problems with alcohol and drugs since he was 16. He had 22 previous convictions, five of which were in Northern Ireland and some of these involved violence on his part.
Mr Justice Birmingham said the DPP had submitted that the sentencing judge erred in principle by taking seven years as a starting point and that she, Ms Justice Heneghan, had given a double discount for mitigating factors.
Counsel for Rice, Michael Bowman, said his client committed a mid-range manslaughter offence that was approached with particular care and attention. Mr Bowman said the sentence that was imposed had been open to to the Circuit Court judge.
Mr Justice Birmingham said that while the court recognised a more severe sentence might well have been imposed on Rice, the Court of Appeal could not say his sentence fell outside the range of sentences available so as to constitute undue leniency.
He said the Court of Appeal’s role was a very limited one. It’s role was to simply review what happened in sentencing and to identify whether there was an error in principle by the sentencing judge.
No sentence imposed by either the sentencing court or the Court of Appeal could address the loss the family of Mr Mills had suffered, the judge said. “Their loss would endure and continue and their lives will continue to be be blighted by what happened that morning.”
There were angry remarks from Mr Mills’ family as the Court of Appeal’s decision was read out.
Mr Mills’ mother claimed Rice had “done three-and-a-half years for the murder of my son”, referring to remission. Various other remarks were made regarding Rice and the court’s decision.
Rice was returned to prison where he will serve out the remainder of his sentence.