Appeal court reduces sentence for stabbing of mother

The Court of Criminal Appeal has reduced the eight-year prison sentence imposed on Kelly Noble for the stabbing to death of a young mother of two outside a supermarket by two years.

Last March at the Central Criminal Court Kelly Noble (aged 22), Seaview in Laytown, Co Meath, was found not guilty of the murder of Emma McLoughlin (aged 19), who was stabbed in the chest in Laytown, Co Meath, on June 2, 2006. However the jury found her guilty of Ms McLoughlin's manslaughter.

Mr Justice Barry White sentenced Noble to 10 years in prison, with the final two years suspended. Noble, who is also the mother of two young children, appealed the severity of that sentence.

Today the Court of Criminal Appeal - consisting of Mr Justice Nicholas Kearns presiding, sitting with Mr Justice Daniel Herbert and Mr Justice John Hedigan - found that there had been an error in the original sentence, and substituted it with a sentence of eight years with the final two years suspended.

Moving the appeal, Counsel for Noble Michael O'Higgins SC said that the the trial judge had erred by imposing a sentence that was at the higher end of the scale, considering all the facts in the case and the personal circumstances of his client.

She was physically and verbally assaulted by Emma McLaughlin in the supermarket. Kelly Noble had tried to take the peaceful route out, and got a knife to protect herself. However a further incident occurred which resulted in Emma McLaughlin's death.

Counsel told the court that Noble is extremely remorseful for her actions, suffered from depression and had flashbacks as a result of what happened.

He told the court that reports from parties, including the probation services and clinical psychologists, had stated that there was a very low chance of her re-offending.

Mr O'Higgins added that Kelly Noble, who has no previous conviction, was raised in horrific circumstances.

Opposing the appeal Mr Anthony Sammon SC for the DPP argued that the trial judge was entitled to impose the sentence that he did.

Counsel said that after the row in the supermarket Noble had called a friend to bring her a knife.

He said that there was a "significant time gap," between that call and when she was next confronted by Emma McLaughlin when the stabbing incident occurred.

This was not a case where a knife, that happened to be lying close by, was picked up by a party in the middle of a row.

In its judgment, Mr Justice Nicholas Kearns said that the court was satisfied that the trial judge had erred by holding that this incident was at the higher end of the scale of sentences imposed on those guilty of manslaughter.

While this was a "dreadfully tragic event" where a young mother had died Mr Justice Kearns said that, when all the circumstances were taken into consideration, the court believed that this particular offence was somewhere in the middle of the scale.

The judge said that it was accepted that there was bad blood between Kelly Noble and Emma McLaughlin.

There was evidence before the court that Emma had verbally and physically abused Noble for a period of over five minutes in the store, before she (McLaughlin) was put out of the store.

While she had sent for a knife, the court accepted that Noble had tried to go home before there was a second confrontation with Emma McLoughlin outside the supermarket.

The court also noted that Noble had admitted to manslaughter before the start of the trial where she was acquitted of the charge of murder and was thus entitled to a discount.

Mr Justice Kearns accepted that Noble's expressions of remorse for Emma McLoughlin's death was genuine.

The court said that it was also taking into account Noble's background. Her mother was jailed for the murder of her father, which counsel said explained why she had reacted in the way she had, and Noble had a problem with heroin at a young age.

The court said that there were reports from the probation services and others that showed that Noble was doing well in prison, had taken a number of courses and was making genuine efforts to rehabilitate herself.

The Central Criminal Court heard that Noble was shopping in her local supermarket with one of her two children when she was set upon by Ms McLoughlin who hit her and accused her of kicking her in the stomach while pregnant.

After Ms McLoughlin was asked to leave the supermarket, Ms Noble called a friend and asked her to bring a knife and used it in the second altercation outside.

Outside she had it behind her back when she said that Emma McLoughlin lunged at her and the knife stuck in her.

She said she did not intend to kill Ms McLoughlin, who died from a single stab wound, and had just wanted her to run away.

The court also heard that Noble told a shop worker that she intended to "slice her up".

Noble was also found guilty of a second charge of unlawfully producing a knife in the course of a dispute or a fight, in a manner likely to intimidate or inflict serious injury.