Man loses appeal against attempted murder life sentence

A man who tried to murder a 10-year-old girl because he "wanted to see what it was like to kill someone" lost his appeal against a life sentence today.

The Court of Criminal Appeal refused the appeal by Eric Daniels against the life sentence imposed in February 2003 by Mr Justice Paul Carney at the Central Criminal Court.

When sentencing Eric Daniels, Mr Justice Carney ruled anything less than life would expose society to the risk of another attempted murder.

He added that this was a risk he refused to take.

Today Mr Justice Adrian Hardiman, presiding at the three-judge Court of Criminal Appeal, said that in this case there was a serious intention to kill.

The judge said it was wrong to say that where there is a guilty plea there is always mitigation.

The Central Criminal Court had heard that Daniels (aged 22), of Elm Park, Clonmel, Co Tipperary, pleaded guilty to attempting to murder the girl at Kelly's Field, Gortmalogue, Clonmel on November 10, 2001.

He had told gardaí: "I just wanted to inflict pain. I just wanted to see what it would be like - it was to see hurt, pain. I wanted to see what it would be like to hurt somebody, to see real pain."

Daniels said he tied a lace from his Doc Marten boots around the child's neck and tightened it after luring her into a field in Clonmel on the pretext of showing her some puppies.

The jury heard video-link evidence from the girl during the three-day trial.

She described how she thought she was going to die when Eric Daniels tied a black lace around her neck and choked her.

She alleged that he had lured her into Kelly's Field and had then kicked her to the ground and tried to kill her.

She escaped after pretending to be dead, and this, the court heard, saved her life.

When he jailed Daniels for life , Mr Justice Carney said he had "no confidence" that the accused "won't try this again".

He added: "I do not see how, in any fashion, I can rule out that happening again. I am not going to take the risk that any action on my part in releasing him is going to contribute to this possibility."

His "primary function", Mr Justice Carney said, must be to prevent a repeat of "anything of this kind" and the protection of the community.

He said: "The only way I can achieve that is by the imposition of a life sentence."