Court accepts it cannot review Boy B’s sentence for murdering Ana Kriegel

Last year, Ms Justice Iseult O'Malley, at the Supreme Court, ruled that a sentencing court does not have jurisdiction to review terms of detention imposed on child offenders
Court accepts it cannot review Boy B’s sentence for murdering Ana Kriegel

Boy A and Boy B were convicted by a Central Criminal Court jury in June 2019 of murdering Ana Kriegel at a derelict house in St Catherine’s Park in Lucan in May 2018. Boy A was also convicted of Ana's aggravated sexual assault in a manner that involved serious violence. File picture

A Central Criminal Court judge has accepted that he cannot review the sentence he imposed on one of the two men who murdered schoolgirl Ana Kriegel when they were 13 years old.

The case of Boy B, now aged 21 and who cannot be named due to protections for underage offenders under the Children Act, was raised on Monday before Mr Justice Paul McDermott. 

In 2019, Mr Justice McDermott sentenced Boy B to 15 years' detention with a review after eight years from the date of the offence. That review was due to be heard on Monday.

Last year, Ms Justice Iseult O'Malley, at the Supreme Court, ruled that a sentencing court does not have jurisdiction to review terms of detention imposed on child offenders. 

Brendan Grehan SC told Mr Justice McDermott that in light of the Supreme Court ruling, the 15-year sentence imposed on Boy B stands and the Central Criminal Court has no further role to play.

James Dwyer SC, for Boy B, agreed with Mr Grehan.

Mr Justice McDermott said he has "no further function in the matter" and said he would make no order in relation to Boy B's sentence.

He suggested that Boy B should receive legal advice relating to a further judgment by Ms Justice O'Malley, which sets out guidelines for sentencing juvenile murderers.

In the judgment, the Supreme Court also found that life sentences for a child convicted of murder should only be imposed in exceptional cases where the evidence showed the intentions and actions of the child could be equated with those of an adult.

Boy B previously lodged an appeal against his conviction but withdrew it on the morning of his hearing in October 2022. The Court of Appeal was told on that occasion that there was no appeal against Boy B's sentence.

Background 

Boy A and Boy B were convicted by a Central Criminal Court jury in June 2019 of murdering Ana at a derelict house in St Catherine’s Park in Lucan in May 2018. Boy A was also convicted of Ana's aggravated sexual assault in a manner that involved serious violence.

Boy A was sentenced to life imprisonment with a review after 12 years, and eight years' imprisonment for aggravated sexual assault.

Boy A will appeal his sentence in light of Ms Justice O'Malley's ruling.

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