Family furious at seven years for knife killer

THE family of a man stabbed to death in front of the mother of his unborn baby have expressed their disgust at the seven-year jail term handed to his killer, in spite of his background of knife crime.

Daniel McCormack, aged 23, of Kenure Park, Rush, Dublin, had pleaded not guilty to murder but guilty of the manslaughter of James Joyce, aged 20, near his home at St Cronan’s Close, Swords, Dublin, on July 22, 2010.

A jury acquitted him of murdering Mr Joyce but convicted him of manslaughter following a trial in October.

The trial heard that McCormack stabbed Mr Joyce three times after arming himself as protection from another man.

The jury heard that this man had travelled from Meath to attack McCormack that night but, failing to find McCormack, beat up a friend of his instead. McCormack heard about this, got two knives and went to the scene of the attack. He claimed he was just planning to collect his injured friend and get out of Swords.

However, he met James Joyce, who was angry that the man had been attacked. They each threw a can of beer at the other before McCormack took out the knives and began swinging them at him.

Mr Joyce was stabbed three times and died after being taken to hospital.

McCormack read about Mr Joyce’s death on teletext that night and handed himself into gardaí the following day. He has been in custody since.

Passing sentence at the Central Criminal Court yesterday, Mr Justice Paul Carney said this case was “clouded by the warlike, vengeful intentions of [the man from Meath] towards the accused and others”.

However, he did not think this had a bearing on the defendant’s responsibility for the killing.

“Knife fatalities fall into one of three categories, escalating in gravity,” said Mr Justice Carney.

He said the first category was the use of a kitchen knife lying close to hand when a row broke out.

“In the second, the accused carries a knife, allegedly for his own protection.”

He said that the third was where an accused goes home after a “straightener” to arm himself with a knife.

“This case most closely fits in the third category, the most grave of the three.”

He also said that, having regard to more than 50 manslaughter cases, he placed this killing at the upper end of the scale.

He said he could not take the defendant’s previous good character into account, as he had 14 relevant convictions, and imposed a 10-year sentence backdated to his arrest.

He suspended the final three years due to McCormack’s remorse, his guilty plea and his age, on condition he keep away from the Joyce family in perpetuity.

Afterwards, the victim’s parents, Patrick and Rose Joyce, said they were disgusted with the sentence.

“I think it’s a disgrace because he was done before for knives,” said Mr Joyce.

“There are other convictions there that he had knives.”

He said his son was an innocent victim and that the DPP should appeal what he considered the leniency of the sentence.

Mrs Joyce said she was disgusted, considering McCormack’s 51 previous convictions.

“When he’s walking free, my son is lying in the graveyard,” she said.

“He’s walking free, he’s going to do the same thing again and there’s no saying that he’s not because once it’s in him, he’s going to do it.

“He’ll walk the streets again and kill some other parent’s young fella. I really think the law is wrong… It should be a life for a life.”

The victim’s partner, Alison Colgan, who gave birth to his son a few months after his death, said there was no justice in the sentence.

“Our family is ruined over him,” she said, before breaking down in tears.