Appeal court reduces killer's jail sentence

The Court of Criminal Appeal has reduced a Co Tipperary man's life sentence for the manslaughter of a man who was shot dead at a house party to a term of 20 years in jail.

Today the CCA ruled that Leigh Crowe was entitled to a finite term in prison because his plea of manslaughter due to diminished responsibility, which had been accepted by the DPP, had not been taken into account when the life sentence was imposed by Mr Justice Paul Carney.

In its judgment Mr Justice Nicholas Kearns, referring to recent media coverage, also stated that the courts have no role in regards to remission of prisoner's sentences.

Crowe (aged 34), a father of two of Elm Park, Clonmel, Co Tipperary had pleaded guilty at the Central Criminal Court in 2007 to the manslaughter of 25-year-old Owen Cahill and the attempted murder of Mark Doolan at the party on April 2, 2006.

He also admitted assault causing harm to Sharon Rossiter at the same party in a house on the outskirts of Clonmel.

The trial was told that Crowe was one of two masked men entered the house that night armed with shotguns.

Crowe's accomplice walked up to Mr Cahill and shot him in the face at point blank range. Mr Cahill died "almost instantaneously".

Mr Doolan managed to distract the gunmen momentarily but received a gunshot wound to the upper right arm while Ms Rossiter was struck with the butt of a gun.

Mr Justice Paul Carney sentenced Crowe to life for the killing of Mr Cahill and imposed concurrent sentences of 15 years for attempting to murder Mr Doolan and five for assaulting Ms Rossiter. Crowe appealed against the severity of the life sentence.

Michael O'Higgins SC, for Crowe, had argued that Mr Justice Carney had erred by imposing a life sentence after his client pleaded guilty.

Crowe had not shot Mr Cahill but admitted manslaughter because he went to the house on what was a joint enterprise.

Counsel said Crowe was shot in front of his family 18 months earlier during an incident in which he believed Mr Cahill was involved.

That incident had resulted in Crowe abusing alcohol and drugs as he had fears over his safety.

Today the CCA of Mr Justice Nicholas Keanrs, sitting with Mr Justice Eamonn De Valera and Mr Justice Patrick McCarthy agreed to quash the life sentence and impose one of 20 years.