The Court of Criminal Appeal has reserved judgment on a woman’s appeal against the severity of a nine-year prison sentence imposed on her for stabbing her neighbour to death following a row over a puppy.
Una Black (27), formerly of Walter Macken Flats, Mervue, Galway, pleaded guilty at the Central Criminal Court last July to the manslaughter of her enighbour John Malone (42) at the flats on December 3rd, 2006. Mr Justice Paul Carney jailed her for nine years.
Ms Black, who gave birth shortly after the sentence was imposed, appealed against the severity of that sentence.
The appeal was heard by the three judge CCA today, with the Chief Justice, Mr Justice John Murray presiding, and sitting with Mr Justice Patrick McCarthy and Mr Justice Daniel O'Keeffe. The Chief Justice said the court was reserving judgment and hoped to give its decision as soon as possible.
Earlier, Diarmaid McGuinness SC, for Ms Black, argued the sentence was disproportionate as this case was not in the higher category of manslaughter cases. The nature of the manslaughter in the case was involuntary, he submitted.
Counsel said Black only took up a knife to scare Mr Malone, following a row over a dog, and had never intended to cause him harm. He submitted, in imposing the nine-year sentence, the trial judge had failed to fully taken into account other factors including his client's expression of remorse, guilty plea, the fact she had no previous convictions and her personal background.
Opposing the appeal, Conor Fahy, for the DDP, said this particular offence lay in the upper range of manslaughter cases. He said it was Black who procured the knife following the row which occurred during the early hours of the morning.
Counsel also submitted the trial judge had fully taken into account all the relevant factors before imposing sentence.
The trial had heard Black and Mr Malone knew each other for about three years and drank and socialised together. On the night of the incident, Mr Malone had gone to Black's flat where she lived with her boyfriend and they had been drinking together.
Mr Malone had been looking after a puppy for her because her boyfriend's daughter did not like dogs, the trial heard. Black had had the flu for a week and Mr Malone, angry that she had not been to his flat to look after the dog, told Black he had sold the dog and left the flat.
She became upset and followed him. The pair struggled and she left the scene, armed herself with a knife and returned for her dog. She told gardaí she got the knife intending to scare Mr Malone and to keep him away from her. They struggled a second time and Mr Malone was stabbed at about 5.30am.
Black rang the emergency services and told them she had seen men fighting and that one was lying on the ground. Mr Malone was taken to hospital and pronounced dead. Black was later arrested and initially told gardaí Mr Malone had produced the knife but later admitted she brought it to the scene.