The sentences imposed on two serial thieves who, during a crime spree, "callously" left a businessman to die after he tried to stop them stealing his wife’s car were too lenient, the State has told the Court of Appeal.
“It’s difficult to imagine an unauthorised taking of a vehicle more serious than this,” said counsel for the DPP, David Perry BL, appealing the sentences imposed on Adam Murphy (22) and Keith McCormick Smith (23).
The two men had been in the midst of a crime spree, robbing cars with a view to selling them on, when they stole the vehicle Ian McDonnell had brought to work on January 23rd, 2022.
The car was seen accelerating away with Mr McDonnell on the bonnet. The victim was carried 46 metres before being thrown from the car and onto the roadway.
His body travelled along the road for nine metres as Murphy drove away, leaving Mr McDonnell on the road.
Mr McDonnell was taken to Tallaght Hospital, but never regained consciousness and died on January 28th, 2022. The car was found a few days later by gardaí in the Walkinstown area.
Murphy, of Cherry Orchard Crescent, Ballyfermot, Dublin 10, was sentenced to 12 years' imprisonment for manslaughter, but Judge Dara Hayes suspended the final two and a half years on strict conditions in order to incentivise rehabilitation.
Murphy had also pleaded guilty to two counts of attempting to take a vehicle, three counts of stealing three vehicles, one count of attempting to steal property from a vehicle, and one count of stealing a push-bike at various locations throughout Dublin on the same date.
McCormick Smith, of Riverview, Church Road, Mulhuddart, Dublin 15, pleaded guilty to two counts of attempting to take a vehicle, three counts of stealing three vehicles, one count of attempting to steal property from a vehicle, and one count of stealing a push-bike at various locations in Dublin on January 23rd, 2022.
He further pleaded guilty to one count of possession of stolen property in the form of a car key at his address on February 8th, 2022.
He was sentenced to three years and two months’ imprisonment, with the final twelve months suspended on strict conditions.
In bringing the undue leniency appeal before the Court of Appeal on Thursday, Mr Perry said that the two respondents had engaged in a serious spree of offending over five hours, which included them stealing three cars, attempting to take two others, and stealing a bicycle. He said there were multiple distinct injured parties, with the spree premeditated by the respondents to steal cars to sell on.
Mr Perry said that two cars were burnt out, and another one was damaged while they were taking it. Mr McDonnell intervened to stop them taking his wife's vehicle, and he was thrown from the car causing traumatic head injuries, from which he later died.
He said that Murphy was sentenced to nine and a half years for manslaughter, plus two and a half years consecutive to that for the other offences, with this latter aspect of the sentence suspended in its entirety to foster rehabilitation.
Mr Perry said the DPP took issue with both the two-and-a-half-year sentence and its suspension, arguing that although the headline sentence was set at four and a half years, it should have been five. He said the judge had erred in fully suspending this sentence, as the offences were simply too severe to justify a full suspension.
Concerning McCormick Smith, who received a sentence of three years and two months with the final 12 months suspended, Mr Perry said the headline sentence was set at four years and six months, but it should have been the maximum sentence of five years.
Counsel for Murphy, Dominic McGinn SC, said that the DPP was effectively asking the court to disregard the manslaughter charge and focus on the other charges, which he claimed ignored the totality principle, as the sentencing judge could have reduced the sentence for manslaughter if sentencing on the other matters.
Counsel for McCormick Smith, Carol Doherty BL, said that her client appreciated the gravity of the offending and was more than prepared to see an increase in his sentence. She said that the headline sentence of four and a half years did reflect the seriousness of the offending, while a careful balancing exercise then took place as the judge reduced this to three years and two months with the final year suspended.
Mr Justice Patrick McCarthy said the court would reserve judgement in the matter.
