Stabbed man's partner witnessed his death in incident ‘so brutal and cruel'
Keith Smithers (41) and Peter White (40) had pleaded not guilty to the unlawful killing and robbery of Brian Hogan on January 13th, 2023, at Collins Place in Finglas.
Smithers, of Barry Close, Finglas, Dublin 11, was convicted on both charges following a trial at Dublin Circuit Criminal Court, while White, of Casement Drive, Finglas, was acquitted of the unlawful killing of Mr Hogan, but was convicted of robbing him.
Smithers has just over 90 previous convictions, including offences for criminal damage, drugs, possession of knives and handling stolen property, while White has 264 previous convictions, including offences for assault causing harm, robbery, theft, drugs and road traffic offences.
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On Monday, Smithers was handed a global sentence of nine years, while White was jailed for four and a half years for robbery.
Lyndsey Doyle's victim impact statement was read into the record during the sentencing hearing.
Ms Doyle was with Mr Hogan that evening when they went to a house where Smithers and White were over a dispute about Mr Hogan's phone. The court heard he had given it to the men as security for a rock of cocaine the previous day. Ms Doyle was pregnant at the time with the couple's daughter.
Ms Doyle said in her statement she witnessed Mr Hogan's 'life being taken so brutal and cruel in a way no human being deserved'.
She said 'it will haunt me', and said he has left behind a broken family, referring to Mr Hogan's elderly father 'who is lost without him', as Mr Hogan had been his carer.
Ms Doyle said her daughter will grow up without a father, who would have adored her as he adored his older son. Mr Hogan has an older son from a different relationship.
She said Mr Hogan's death has 'left a huge void' in all their lives. She described him as 'a well-liked, decent fella' who did not deserve the end he got.
Ms Doyle concluded her statement by thanking Sgt Shane Behan for helping them 'getting justice for Brian and knowing that his life mattered'. She said she hopes Mr Hogan rests in peace now.
Judge Martin Nolan said the events which led to this prosecution were 'serious', adding that 'unfortunately a man died' on this date.
He said there was 'little formal mitigation' for either of the defendants, and noted they both had a record of previous convictions.
The judge said he had considered Smithers's background, his history of addiction and the contents of letters submitted by extended family.
Judge Nolan said the court was of the view that Smithers was remorseful for his actions, which was 'a small level of mitigation'.
He handed Smithers a sentence of nine years for manslaughter and a concurrent sentence of four and a half years on the robbery charge.
In relation to White, the judge said the context of the robbery was 'quite serious' and imposed a sentence of four and a half years.
The judge directed the men should receive credit for any time served in custody on these matters alone and granted a defence application to extend legal aid in the event of an appeal.
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