A man previously convicted of manslaughter has been sent back to prison after assaulting a woman just three weeks following his release.
Blake Sweeney, 26, from Fertha Drive, Cahersiveen, County Kerry, was found not guilty of murder but guilty of the manslaughter of Robert Elston, 33, from Lisselton at Fertha Drive on May 23, 2018.
Despite offering to plead guilty to manslaughter, the Director of Public Prosecutions rejected the plea.
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Sweeney received a sentence of eight years and six months, with the final 18 months suspended, backdated to May 23, 2018, when he was taken into custody. The court heard today that Sweeney was arrested for attacking a woman three weeks post-release from prison, to which he pleaded guilty.
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The State requested the activation of the suspended part of Sweeney’s manslaughter sentence under Section 99 of the Criminal Justice Act due to his conviction.
A prosecuting garda informed the court that a bench warrant had been issued for Sweeney earlier this year after he failed to show up in court. He was later arrested and presented before Mr Justice Tony Hunt at a special court session in August and was held in custody until today’s hearing, reports the Irish Mirror.
Seamus Clarke SC, representing Sweeney, floated a suggestion to Mr Justice Hunt that perhaps the court could consider enforcing only part of the previously suspended sentence and maintain some remaining leniency. He highlighted the defendant’s positive behaviour in custody and his successful efforts to kick his drug habit.
“The problem is he was given an allowance to show he could do well in the community, and he has fallen short on every aspect,” Mr Justice Hunt pointed out, reminding everyone of the gravity of Sweeney’s crime.
“Why should I give any allowance? ” the judge questioned, doubting the likelihood of a different outcome, “The definition of insanity is doing something over and over again and expecting different results. Why should this be any different.
“He was only released three weeks before reoffending, which I find extremely troubling.”
Mr Justice Hunt conceded that the triggering offence wasn’t at the highest level of severity, yet found little reason for compassion or leniency beyond that point.
“There’s very few other grounds for sympathy or leniency in the case,” he stated firmly. “That being the case I’m going to activate a lot of it.”
Finally, the judge decided to enforce 12 months from the remaining 18-month suspended sentence, backdating the term to August 27, which is when Sweeney was first taken into custody.
“His mother’s wiser counsel did not prevail at the time,” noted the judge, adding that she saw her son searching for a knife in the kitchen press after the deceased set fire to a car in the Sweeney family’s driveway and told him to stay at home.
Describing the events as a “tragic case”, Mr Justice Hunt acknowledged that the defendant armed himself with a knife and couldn’t claim full self-defence. He interpreted the jury’s decision, stating they found Sweeney’s force to be “reasonably proportionate” under the circumstances.
Baffled by the rationale, the judge said it remains “totally unclear” why Mr Elston came out wielding an axe, causing havoc at the Sweeney household and igniting the fire. Sleeping in his front room, Sweeney was awakened, and a family member attempted to extinguish the threatening blaze, noted Mr Justice Hunt.
The court heard from Deputy State Pathologist Dr Linda Mulligan that two stab wounds led to death, particularly highlighting a severe 18cm thrust to the back, cutting through the aorta.