Man found not guilty of murder but guilty of manslaughter

A 21-year-old man has been found not guilty of murder but guilty of the manslaughter of a 26 year-old man after a stabbing in Ballymun last year.

Bernard Christopher Joyce (aged 21), also known as Bryan Joyce, of Carton Road, Poppintree, had denied murdering James Donoghue (aged 26) as part of a joint enterprise with two others at Dane Road Ballymun on September 10, 2006. He had also denied the charges of violent disorder and production of a knife.

The jury found Mr Joyce guilty of violent disorder and production of a knife yesterday after four hours of deliberation. Having been sent to a hotel overnight by Mr Justice George Birmingham they returned with their unanimous verdict on the murder charge at 11.10am this morning.

It was the state’s case that Mr Joyce was part of a joint enterprise with two other men which resulted in the fatal stabbing of Mr Donoghue.

The jury heard that Mr Joyce and his two male companions had been turned away from a 21st party at which Mr Donoghue was attending early in the night. One of the three threw a bottle into the yard of the house resulting in some from inside the party coming out and giving the men a hiding.

The court heard that the three men then went home and armed themselves with knifes before returning to the house shouting at those inside to come out.

Defence Counsel Padraig Dwyer SC said that Mr Joyce only intended to go back and break up a van not to hurt anyone. The prosecution argued that even if that had been the initial plan that plan changed when the van wasn’t there; yet Mr Joyce and his knife remained.

Mr Joyce admitted to stabbing James Donoghue twice but claimed that it was in self-defence and he had no choice.

Mr Donoghue died from a stab wound to the chest which transfixed his heart; he also received two other stab wounds and suffered a fractured skull.

The jury heard that the knife recovered from the accused’s home was unlikely to have caused the overwhelmingly fatal stab wound but could have caused the other two stab wounds to his left chest and upper thigh.

Mr Joyce nodded his head when the verdict of not guilty of murder but guilty of manslaughter was read out. Members of the victim’s family left the Central Criminal Court in tears.

Mr Joyce was remanded in custody and will be sentenced on February 2, 2009