Man (25) jailed for six years after Kildare pub manslaughter
In passing sentence at the Central Criminal Court on Monday, Ms Justice Caroline Biggs said the prosecution had argued that Calvin Dunne had taken 'a running kick' at Dylan McCarthy (29) while he was on the ground, but having viewed the CCTV footage again, the judge said that it seemed to her to be 'a one-stride kick' that made contact to the head.
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A co-accused, Sean Kavanagh (27) was jailed for two years and two months having been convicted of assault causing harm and violent disorder arising out of the same incident, at Dublin Road, Monasterevin, Kildare, on August 21st, 2022.
Dunne, of Abbey View, Monasterevin, Co Kildare, was acquitted of murder but convicted of Dylan McCarthy's manslaughter by a Central Criminal Court jury following a trial earlier this year. He was also found guilty of violent disorder, having denied both charges.
Two weeks into the trial, Kavanagh, with an address at St Mary's Lane, Church Avenue, Monasterevin, pleaded guilty to a charge of assault causing harm to Eamonn McCarthy, the father of the deceased. A charge of violent disorder was taken into consideration.
After a defence application, Ms Justice Biggs then directed the jury to find Kavanagh not guilty of the murder of Dylan McCarthy, a charge he had denied.
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It was the State's case that Dylan McCarthy died following an incident in which he received punches and a kick to the head from Dunne while he was attempting to get up off the ground outside the Bellyard pub in Monasterevin.
Two eyewitnesses told the jury that Dylan McCarthy was kicked in the head, with one describing the noise as 'a loud thud' that was 'like kicking a football', while the other said it sounded 'like a car door' shutting.
Dunne contended, however, that he was acting in self-defence, that Mr McCarthy was himself 'involved in violence' on the night and that he did not kick the deceased in the head.
Mr McCarthy's cause of death was a traumatic head injury and spinal injury caused by blunt force trauma.
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State pathologist Dr Heidi Okkers told the jury it was not possible to determine whether a punch or kick caused the fatal injury that led to Mr McCarthy's death.
In delivering sentence on Monday, Ms Justice Biggs said that a probation report on Dunne indicated that he had a clear understanding of what he had done and was at a low risk of reoffending.
She noted he was a good sportsman who was loved by his friends and family and who had no previous convictions.
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On the manslaughter charge, Ms Justice Biggs set a headline sentence of nine years, which she reduced by 25 per cent to six years and nine months, with the final six months suspended for 12 months to encourage his further rehabilitation.
The violent disorder charge was taken into consideration.
In the case of Kavanagh, for the assault causing harm charge, Ms Justice Biggs said the offence belonged in the very upper end of the mid-range, with a headline sentence of 40 months.
She reduced this by 25 per cent to two years and six months, with the final four months suspended for 12 months to ensure rehabilitation. The violent disorder charge was taken into consideration.
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