A WOMAN who stabbed her neighbour to death following a row over a dog has lost her appeal against the severity of her nine-year-jail sentence.
Una Black gave birth to a baby girl after been sentenced and she argued that the sentence failed to take this and other factors into account.
Black (27), formerly of Walter Macken Flats, Mervue, Galway, argued that the nine-year sentence imposed for the manslaughter of John Malone (42) was disproportionate given she had pleaded guilty and expressed remorse.
She also argued the sentencing judge should have taken into account her background of being sexually abused as a child, her history of self-harm and alcohol abuse and because she was now the mother of a baby girl, born just over a month after she received her prison sentence.
The killing occurred on December 3rd, 2006, following a night of drinking and a row in which Black tried to retrieve her puppy from Mr Malone, who had been minding the dog during the previous week. She went back to her flat and got a knife and, in a subsequent fight, stabbed him.
She was sentenced to nine years in prison by Mr Justice Paul Carney at the Central Criminal Court in July last year and appealed the severity of the sentence.
Yesterday, the Court of Criminal Appeal said that while there were mitigating factors, the sentencing judge did not err in principle having regard to the circumstances of the offence.
The court said there were aggravating factors and it was satisfied that the prison term adequately reflected the weight to be attached to the mitigating factors.
Delivering the judgment, the Chief Justice, Mr Justice John Murray, said Black had left her own flat armed with a knife for the purpose of confronting Mr Malone. Without any justification such as self-defence, she stabbed him.
There was no evidence that Mr Malone at any stage of the night posed any physical threat to her.
The appeals court said it took into account there would be a particular hardship as Black could only keep her baby with her in prison until the child was 18 months old. However, it was “beyond contemplation” for an offence as grave as this that a sentence “remotely close” to 18 months could be imposed, Mr Justice Murray said.