*Frances Street.
A JUDGE has commented that a three year sentence would be a “very short sentence” for the “grave” offence where a teenager carried out a murderous knife attack on a 25 year old man in Kilrush last June.
At Ennis Circuit Court, Judge Francis Comerford made his comment concerning the sentencing of the now 17 year old for the “frenzied knife” attack on Jeffrey Ryan (25) at Frances Street, Kilrush on June 13th last.
The accused was 16 at the time of the attack and in her victim impact statement, Ava Moloney said that the teenager told Mr Ryan ‘you’re dead Jeffrey, you’re dead’ before inflicting several knife wounds to Mr Ryan’s head and body.
Mr Ryan required 80 stitches to his wounds including one 15cm long slash wound to his head and ear that cut through to his skull.
After watching CCTV footage of the broad-daylight attack, Judge Comerford said that Mr Ryan was subject to “a very serious assault” and it is “good fortune that injuries were not even more terrible than they were”.
The facts in the case were first outlined in court last month and Judge Comerford adjourned the case to obtain guidance on how the sentence should be structured given the age of the accused.
The teenager who has no previous convictions has been on remand at Oberstown Detention Facility since last June and Judge Comerford commented that “three years is a very short sentence of offending of this nature”.
Counsel for the State, Sarah Jane Comerford BL (instructed by State Solicitor for Clare, Aisling Casey) said that the teenager turns 18 this summer and if detention is imposed he can remain at Oberstown for another six months which would bring his term at Oberstown up to January of next year and he would then be transferred to an adult prison.
Ms Comerford said that any sentencing imposing a partially suspended detention term would have no teeth to monitor any breaches during the suspended portion of the sentence as the sentence was imposed when the accused was a child.
Ms Comerford said that if the teenager breaches supervision order after his release “that may be unenforceable and that may be a hurdle that we can’t invite the court to overcome”.
Judge Comerford remarked that there is no power to suspend any portion of the sentence after the teenager turns 18.
Judge Comerford said that he has the benefit of reports that have indicated that a lot of good work has been done with the teenager and those reports have indicated that harm could result to the accused is transferred to the adult prison population once he turns 18.5 years of age.
Judge Comerford said that he would be very slow to go against the professional therapeutic recommendations.
Judge Comerford said that in all sentencing there is tension between the need to imposing a sentence that is proportionate to the gravity of offending and by helping the offender to turn away from any propensity to re-offend in the future.
Ms Comerford said that it was open to Judge Comerford to adjourn sentencing until the accused turns 18 and he could then a partially suspended prison term.
In a letter read out to court last month, the teenager said that he wants the judge to know how much he regrets his actions.
In the letter, the teenager said, “I am sorry for the hurt I have caused…I am a good person who knows right from wrong and I have no intention of getting into trouble or causing harm again”.
In the case, the teenager has pleaded guilty to the assault causing harm of Jeffrey Ryan at Frances Street, Kilrush contrary to Section 3 of the Non Fatal Offences Against the Person Act on June 13th last.
Last month, Judge Comerford praised the actions of Ms Moloney to standing between the teenager armed with the knife and her then boyfriend, Jeffrey Ryan.
Judge Comerford said, “Anyone watching the CCTV would be so impressed by the way she stood up against a murderous attack against someone she loved”.
The boy’s mother (38) has also pleaded guilty to assaulting Ava Moloney on June 13th at Frances Street, Kilrush contrary to Section 2 of the Non-Fatal Offences Against the Person Act, 1997.
Both Ms Moloney and Mr Ryan are originally from Croom in Co Limerick.
The teenager was present in court to hear the sentencing options before Judge Comerford and was placed in handcuffs before being led away to be returned under escort to Oberstown.
Judge Comerford adjourned sentencing to later this month and further remanded the teenager on detention.
