Man in heroin death-case has sentence reduced

The Court of Criminal Appeal has reduced the jail sentence imposed on a 33-year-old Limerick man for the manslaughter of his friend whom he injected with heroin and was later found dead in a laneway from seven to five years.

Last year Mark Naughton, with an address at Meat Market Lane, Limerick, pleaded guilty at Limerick Circuit Court to the manslaughter of Patrick O'Donoghue in the City on the night of September 8/9, 2005.

The body of 41-year-old Mr O'Donoghue was found by a passerby in Meat Market Lane, off Athlunkard Street.

Naughton, who admitted that he put O'Donoghue, who was unconscious as a result of being injected with heroin, out of his home was jailed for seven years by Judge Carroll.

Today the three judge CCA of Mr Justice Joseph Finnegan, sitting with Mr Justice Dan Herbert and Mr Justice John Hedigan found that the seven year sentence was unduly severe and reduced it from seven to five years.

Moving the appeal Counsel for Naughton Anthony Sammon SC said that Judge Moran had erred by placing the offence in the upper end of the sentencing scale for manslaughter.

Opposing the appeal John O'Sullivan BL for the DPP said that Judge Moran had taken extreme care before he passed sentence in this matter and that there was no error in relation to the seven year term he imposed.

Counsel said that Naughton, who had previous convictions for including assault had shown callousness by leaving O'Donoghue outside.

In passing judgment Mr Justice Finnegan said that the court was satisfied that Judge Moran had erred by placing the offence in the upper end of the sentencing bracket and that seven years was "excessive" in all the circumstances.

Remarking that this was an unusual case the Judge said Mr O'Donoghue, who after consuming alcohol had asked Naughton to inject him with heroin.

After administering the drug Naughton was unable to wake him him up, so he decided to put Mr O'Donoghue in the alleyway outside his house, where

he died.

The Court said that Mr O'Donoghue's death was due to a combination of alcohol and drugs.

The Court took note of Naughton's personal circumstances, including his drug addition and the fact that his home was burnt down after this event occurred.

It was accepted that the prosecution could not have gone ahead except for admissions made by Naughton to the gardaí.

Naughton had pleaded guilty at an early stage, and had shown genuine remorse for his actions.

The Judge said that Naughton had a number of previous convictions, but the longest sentence he had received was 15 months.

The court heard evidence that Naughton told Gardai he injected O'Donoghue arm with heroin because he had asked him to, after which he fell unconscious.

Naughton said that he had put him outside his home and into the alleyway because he did not want O'Donoghue causing hassle when he woke up.

Naughton said that while Mr O'Donoghue had used heroin before he took more than he was used to.