A man jailed for the manslaughter of his father in what the Court of Criminal Appeal described yesterday as a "totally tragic" case has had his prison term reduced from three to two years.
Timmy Joe Murphy of Knockawinna, Brosna, Co Kerry, was found guilty of the manslaughter of his father, Willie Joe Murphy (58), at Tralee Circuit Criminal Court last July and given a five-year sentence with two years of that term suspended.
Yesterday the three-judge Court of Criminal Appeal ruled that the five-year sentence should stand but said it would suspend three years of that term, meaning Murphy will serve two years.
In delivering judgment, Mr Justice Brian McCracken said this was "a totally tragic case" and the court had sympathy for the family.
It noted many family members had pleaded with the court to release Murphy.
The court heard that Murphy, his uncle and his parents had gone on a heavy drinking session on January 27th, 2004, in Listowel, Co Kerry. In the course of this day of drinking, Murphy's mother and uncle came to the notice of the gardaí and were detained at Listowel Garda station.
Murphy and his father then travelled to Castleisland, where an altercation developed between father and son, allegedly about leaving Ms Murphy in Listowel, the court heard.
This resulted in Murphy striking his father a single heavy blow, causing him to fall from the edge of the pavement on to the street and cracking his head.
Mr Murphy snr was removed to hospital where he died three days later.
Moving Murphy's appeal yesterday against severity of sentence, Blaise O'Carroll SC told the court that his client's mother and siblings "all took the view" that "this was the last thing that Timmy Joe Murphy intended to do".
"They are absolutely forgiving to Timmy Joe."