Six-year sentence upheld for son who killed father

A six-year suspended sentence handed down to a then teenager for killing his father in Roscommon two years ago was not unduly lenient, the Court of Criminal Appeal ruled today.

The CCA held the sentencing judge “did not act outside of his discretion” when a fully suspended term was imposed on Thomas Cunningham Jnr in May, 2009, for the manslaughter of his father Thomas Brendan Cunningham Snr

The 20-year-old was convicted by a jury of killing of his 46-year-old father in the driveway at their home in Santa Maria Commons, Ballinlough, Co Roscommon on August 23, 2007.

He had pleaded not guilty to his father's murder.

Today, the Director of Public Prosecutions appealed the sentence on the grounds that the term was “unduly lenient”.

Mr Patrick Gageby SC, for the State, argued it was “perverse” not to impose any custodial sentence, having “objective” regard to the “severe assault” suffered by the victim.

Counsel for the DPP said Mr Cunningham Snr was “vulnerable and drunk” when he returned home on the night the incident took place.

The court was told that medical evidence suggested the father had died as a result “of blunt force trauma” to the head and “a crush injury” to his chest”.

The three-judge appeal court also heard the victim had chronic problems with alcohol.

Mr Gageby SC said Mr Cunningham Snr, suffered “more than one or two” physical assaults, and that his injuries indicated blows to the head, body and marks consistent with being “knelt on”.

Mr Brendan Grehan SC, for Thomas Cunningham Jnr, argued that while the six-year suspended sentence was “lenient”, there was nothing wrong “in principle” with it being imposed in these "unusual” circumstances.

Counsel for the young man said this case involved an act of a child killing its parent and that to kill “your own flesh and blood” was something those who committ such offences “will have to carry with them forever”.

Mr Grehan SC also said incidences of fully suspended sentences do occur, especially “in familial” circumstances, where “a brother kills a brother” or “more recently, where a sister kills a brother”.

The court heard that Thomas Cunningham Jnr had moved to Ireland from England, where he was raised, when he was 15, and “was very good to his grandparents” whom he help care for.

Refusing the State’s application against leniency of sentence today, the three judge appeal court said this case arose out of “tragic and unfortunate” family circumstances.

The CCA with Mr. Justice Hugh Geoghegan presiding, sitting with Mr. Justice Declan Budd and Mr. Justice Eamon deValera, said the assault on Mr Cunningham Senior was a “serious aspect” of the case, as it had “undoubtedly led” to the man’s death.

However, it ruled that the trial judge, Mr Justice Paul Butler, did “not go outside of his discretion” when he suspended the entirety of the six-year term.

Mr Cunningham Junior wept as the court delivered its decision.