Court increases jail sentences for Louth pair

A Louth man and woman jailed for three years in connection with the death of a father-of-one, who was violently kicked and beaten at a Christmas party more than four years ago, have had their sentences increased today, after a successful appeal by the Director of Public Prosecutions.

The Court of Criminal Appeal this morning increased by a total of three-and-a-half years the “unduly lenient” sentences imposed on Louise Wall (aged 23) and Michael Cruise (aged 21) for violent disorder at Rowan Heights, Drogheda in December 2007, where barber Darren McKeown (aged 29) was attacked in circumstances described as violent, distressing and humiliating.

The pair had originally gone on trial for the murder of Mr McKeown at the alcohol and drug-fuelled Christmas party, but the State's case against them collapsed when the trial judge ruled there was insufficient evidence to convict them of homicide.

It followed medical evidence that the principle cause of Mr McKeown's death was a head injury received when he fell and struck his head off the ground.

Wall, of Cranmore, Clogherhead and Cruise, of Donore Avenue, Ballsgrove, Drogheda, had both denied murder but went on to plead guilty to violent disorder and were sentenced to five years with two years suspended by Mr Justice Patrick McCarthy in November 2010.

The court heard evidence that Wall and Cruise admitted to kicking Mr McKeown in the head as he lay on the ground, while Wall also admitted to stamping on his head and chest and hitting him with a glass ashtray.

Lawyers for the state told the court that Wall and Cruise were part of a larger group who subjected Mr McKeown to a “sustained, prolonged and vicious” attack over a period of two hours. He died three days later in hospital.

Presiding judge Mr Justice Joseph Finnegan said that, notwithstanding the sentencing judge’s careful consideration of the case, the court found he had placed it at the incorrect point on the scale of seriousness.

He said the court determined that the appropriate sentence for each respondent was one of seven years, but that there were important mitigating factors in the case, including the fact that both Wall and Cruise had pleaded guilty and came from disadvantaged backgrounds.

Mr Justice Finnegan said that court had determined that Cruise, who has 31 previous convictions, should return to prison to serve out a revised sentence of seven years with 18 months suspended, which would commence from October 1, 2009.

He said the court would impose a sentence of seven years with two years suspended on Wall and backdate it to April 9, 2010, when she first went in to custody.

Counsel for the State, Mr Sean Gillane SC, had told the court that Justice McCarthy committed a “category error” when determining the appropriate sentence to be imposed on each of the accused.

He said the death of Darren McKeown did not become of irrelevance just because homicidal culpability did not rest with the accused, and reminded the court that the violent disorder perpetrated was of a “particularly obnoxious” kind which was at the “serious end” of the spectrum.

He said that the sentences of five years with two years suspended represented an error in principle as they were a clear divergence from the sentencing norm of similar cases of violent disorder, an offence which carries a maximum sentence of 10 years.

Mr Kieran Kelly BL, for Wall, had argued that Mr Justice McCarthy’s judgement was thoughtful and considered and it was clear that he had regard to Wall’s plea of guilty and her personal circumstances, including her very low I.Q. of 58 and her difficulties with alcohol.

He said the appeal court should not interfere in the sentence imposed as the State had failed to meet the requirement of demonstrating its undue leniency.

Counsel for Cruise, Mr Roderick O’ Hanlon SC, told the court that his client had served his sentence and had been released from custody, a fact that the court had to regard as a significant factor when considering any alteration to the sentence.