Convicted murderer sentenced for stabbing

There were highly-charged scenes in the Central Criminal Court today as a murder victim's family screamed and shouted at his killer as he was sentenced for stabbing another man.

Martin Toland, of Walkinstown Park, was convicted in January of murdering Alan Nolan (aged 28), at his Ballyfermot home in September 2007, and is now serving a life sentence in Mountjoy prison.

Today he was handed down a seven-year concurrent sentence for recklessly or intentionally causing serious harm to James Carroll (aged 30), whom he stabbed through the heart and stomach on the same date.

As he was led away members of Mr Nolan's family who were present in court shouted “murderer” and “we hope you rot in hell”.

Mr Nolan's mother Marian shouted “why did you never say sorry?”

Mr Toland's family responded by saying “there are no winners here.”

Mr Carroll was also present in court for the sentencing. In his brief victim impact statement, he said he would never recover from the physical and mental scars that Mr Toland had inflicted on him.

But he said the “loss of Alan is the hardest part to deal with. Whatever happens, nothing will bring him back.”

Mr Nolan's mother also took to the witness stand to deliver her victim impact statement. Referring to the accused she said; “ you have never shown any remorse. You have condemned us to a life without our son, something I can never forgive you for.”

During the trial, the court heard that the three men had spent the evening in question together drinking and playing poker and Playstation games at Mr Nolan's apartment.

Mr Toland later claimed to gardaí that Mr Nolan pulled a knife on him after they had rowed. But he said he managed to wrest the knife from him and used it frighten the men off as they advanced towards him.

He said he could only remember the knife going in once or twice to Mr Nolan, and didn't remember stabbing Mr Carroll.

Mr Nolan was knifed five times, the fatal wound was 11cm deep and penetrated his heart. Mr Carroll sustained life-threatening stab wounds to the heart and stomach and narrowly survived.

In his evidence, Mr Carroll said the two men had gone upstairs to sort things out after they'd fought, while he remained in the living room.

But after hearing screams and commotion he ran upstairs to find Mr Toland pinning the deceased to his bed who was screaming “get that scumbag out of my house.”

He said Mr Toland went to leave, and was holding the knife in front of him the whole time, but after Mr Nolan screamed at him again he seemed to fly into a rage and stabbed Mr Caroll in an effort to get back into the house and at Mr Nolan.

Mr Toland's defence counsel had asked Mr Justice Patrick McCarthy to take into consideration the fact that Mr Toland dialled 999 and waited at the scene for the emergency services to arrive.

He said Mr Carroll would not have survived if the accused had not called for the ambulance.

He also said the accused was remorseful for what he had done and was both glad and relieved that Mr Carroll had survived and recovered.

In handing down sentence, Mr Justice Patrick McCarthy said that he was taking into consideration the fact that “a man does not lose his humanity because he is convicted of a serious offence.”

He said said there had been no premeditation in Mr Toland's actions, that he had not carried out a planned killing and that he not attended Mr Nolan's home with any degree of hostility towards Mr Carroll.

Mr Justice McCarthy said he accepted that the accused had showed true remorse, and he said he also had to take into account his serious medical problems.

But he said he also had to consider the fact that Mr Carroll was psychologically affected by the very serious offence committed against him.

He sentenced Mr Toland to seven years to run concurrent with his life sentence and refused leave to appeal the conviction.