A 29 year-old Meath man who killed his friend after a day of drinking and taking drugs together has today been jailed for four years.
John Mooney, of Trim Road, Summerhill, pleaded guilty to the manslaughter of Thomas Canning (42), also from Summerhill, at Lough Lene, Collinstown, County Westmeath, on August 30th, 2007.
Mooney was acquitted by a jury of the murder of Mr Canning following a trial earlier this month. He had offered a plea to manslaughter before the trial but that had been rejected by the Director of Public Prosecutions.
An intoxicated Mooney had launched an unprovoked attack on his friend which resulted in Mr Canning suffering a fatal heart attack.
Mr Justice Barry White said, “neither intoxication nor the use of illegal substances can ever excuse the commission of a criminal offence”. He said this death was, “mindless in every sense”.
He accepted that the defendant was genuinely remorseful, had cooperated fully with gardai and was, “acutely conscious of the pain and loss” he had inflicted on the Canning family.
Medical evidence revealed that the cause of Mr Canning’s death was somewhat complicated and involved the defendant either punching him in the throat or placing his hands on his throat causing his windpipe to fracture and leading to a fatal heart attack within 15 seconds.
When he was interviewed by gardai Mooney could offer no explanation for his attack. Defence counsel, Patrick Gageby SC said that “no shadow of blame was cast by the accused on the deceased”.
Mr Justice White heard that Mr Canning was a separated man and father of two.
The court heard the Canning family were receiving counselling and that the deceased’s ten year old son was most badly affected by the loss.
Mooney had worked as a labourer and had drug and alcohol problems. He was single, unemployed and had been suffering from anxiety and depression for which he was taking medication.
He had 14 previous convictions for road traffic, public order and burglary offences.
Mr Gageby said his client came from an extremely decent, hard working and respectable family. He had his client’s plea of guilty to manslaughter had been vindicated by the jury’s acquittal in relation to the murder charge.