Latest news with #intoxication
BreakingNews.ie
2 days ago
- BreakingNews.ie
Man (24) who fatally stabbed sister's partner found guilty of manslaughter
A 24-year-old man who told gardaí he was "so drunk" that he couldn't remember fatally stabbing his sister's partner once in the chest with a kitchen knife following a dispute has been found not guilty of murder but guilty of manslaughter by a Central Criminal Court jury. The panel of eight men and four women unanimously rejected the prosecution case that Valeriu Melnic was guilty of murder, despite evidence he had told Ion Daghi "I will kill you" when the deceased had tried to calm him down. Advertisement The State had submitted this was the "clearest statement of intent" that the jury were likely to encounter. Moldovan national Melnic, with an address at Calliaghstown Lower, Rathcoole, Co Dublin had pleaded not guilty to murder but guilty to the manslaughter of Mr Daghi (39) at The Close, Sallins Park, Sallins in Co Kildare on May 12th 2024. In seeking a verdict of manslaughter for his client, Brendan Grehan SC, defending, told the jurors in his closing address that the issue of intoxication was "all over" the case and that the consumption of three bottles of "firewater" had an effect on everyone that night. Counsel submitted that whiskey can have a remarkable transformation on people's moods and how they behave. Melnic told gardaí in his interviews that he couldn't remember stabbing his sister's partner with the knife as he was so drunk but later said that "all the evidence pointed" to him being "the only one responsible". Advertisement Mr Grehan also argued in his closing speech that if everybody who said the words 'I will kill you' in a fight were guilty of murder, the State wouldn't be able to build prisons fast enough. "People say things not meaning them," he submitted. Whereas, Carl Hanahoe SC, for the Director of Public Prosecutions, submitted in his closing address that Mr Daghi had entered his kitchen when a struggle pursued between the defendant and his sister. "It wasn't the entry of a bull or a bear, it was a man entering saying 'calm down, calm down'". The defence had asked for a verdict of manslaughter on the basis of intoxication or the partial defence of provocation, which can reduce an intentional killing from murder to manslaughter. Mr Grehan said there wasn't any doubt but that a provocative act had occurred to his client, who he said was "badly beaten" and had reacted to that. Advertisement He said the defendant had picked up a knife in the heat of the moment, where passions did not have time to cool. "Provocation is a reaction to something that causes you to boil over; and boil over he did and cause the death of the deceased". Curiously, the lawyer submitted that Melnic did not recall being hit over the head by the deceased with the leg of a chair and the only thing he could remember was Mr Daghi having his hands around his neck trying to strangle him. He said nine hours after the defendant's arrest, scrape marks or finger marks were found on Melnic's neck. The jury had the option of returning two verdicts in relation to the murder charge against Melnic, namely; guilty of murder or not guilty of murder but guilty of manslaughter. Advertisement The 12 jurors took six hours and 27 minutes over three days to reject the State's contention that the defences of provocation and intoxication were not open to Melnic. Following today's unanimous verdict, presiding judge Mr Justice David Keane told the panel that jury service is one of the most important duties that an individual can be asked to perform as an Irish citizen. He said they had "very properly discharged" their civic duty at the cost of some disruption to their family lives and working lives. The judge said the graphic nature of the evidence which the jurors had to deal with during the trial had made their service "particularly challenging and difficult". He thanked them for their service and exempted them from further jury duty for the next ten years. Advertisement A sentence hearing for Melnic is expected to take place on November 3rd, and the judge remanded the defendant in custody until that date. The case was listed for mention on October 20th. On November 3rd, the Daghi family will have an opportunity to make a statement to the court about the impact Ion's death has had on their lives. The judge also directed a probation and a governor's report on the defendant. The trial heard that on the evening in question, Melnic met up with a friend and proceeded to Mr Daghi's house, arriving at 8pm. There were a number of people present in the house, and they had some food in the garden, drank a bottle of whiskey and proceeded to a pub where a second bottle of whiskey was purchased and consumed back at the house. The group then went to a nightclub where they bought a third bottle of whiskey. Some time around 3am, a dispute arose between Melnic and Mr Daghi. Witness Alexandru Beccieu (24) said both he and Mr Daghi were trying to calm Melnic down, but the defendant was "very drunk". The witness said he went between his friends to pull them apart when they started throwing punches at each other. Mr Beccieu said the defendant tried to hit him and was successful on the second occasion. He said Mr Daghi then got in between them and separated them. Mr Baccieu went to look for the defendant's car keys, because Melnic wasn't calming down after Mr Daghi told him to go home. When the witness came back, he said the defendant was "down" or on the ground with his hands on his head "trying to ward something off" and that Mr Daghi had a piece of a chair in his hand. A woman took Melnic into the house, and Mr Baccieu and Mr Daghi stayed outside smoking a cigarette. The witness said Mr Daghi looked in the window of the house and saw Melnic and his sister pulling at each other. He said Mr Daghi went into the kitchen to see what was happening and came out seconds later. The witness continued: "Mr Daghi said he cut and fell down in front of me." Under cross-examination, Mr Beccieu agreed with Mr Grehan that Melnic must have had "a colossal amount" of the whiskey, as the deceased didn't have a lot of alcohol in his system. A pathologist told the jury that Mr Daghi died from a single stab wound to the chest, which measured 13cm in depth, and death would have been very rapid. 73 milligrams of ethanol was detected in the deceased's system, which is just over 2.5 pints. Referring to the law of intoxication in his charge, Mr Justice Keane had said it is not a complete defence to murder and is there if the defendant's mind was in such a state from the effects of alcohol that he had not intended to kill or cause serious injury. He told the jurors if they had a doubt about that, then the verdict should be not guilty of murder but guilty of manslaughter. Having been arrested on suspicion of assault causing harm to Mr Daghi in the early hours of May 12th, Melnic was deemed unfit for interview and was not questioned until 15 hours later. Ireland Former sports figure (77) remanded in custody on 7... Read More He told interviewing officers at Naas Garda Station that he and the deceased had been drunk, and at some point an argument started. "A lot of drink was taken, my memory is very hazy," added the defendant. Melnic's sister, Angelina Spinu, had agreed that her evidence to a jury, where she had "painted a picture" of her own partner Mr Daghi "as the aggressor" in the altercation and holding a weapon, was "the complete opposite" to what was said in her garda statement. In her direct evidence at the Central Criminal Court, Ms Spinu denied to the prosecutor via a Romanian interpreter that she was trying to protect her brother. The jury had heard that Ms Spinu told gardaí in her statement that her "kid brother" said to her husband, "I will kill you" before he took a step forward and "pushed" a knife into his chest.
Irish Times
2 days ago
- Irish Times
Man (24) who stabbed sister's partner with kitchen knife found guilty of manslaughter
A 24-year-old man who told gardaí he was 'so drunk' that he couldn't remember fatally stabbing his sister's partner once in the chest with a kitchen knife following a dispute has been found not guilty of murder but guilty of manslaughter by a Central Criminal Court jury. The panel of eight men and four women unanimously rejected the prosecution case that Valeriu Melnic was guilty of murder, despite evidence he had told Ion Daghi 'I will kill you' when the deceased had tried to calm him down. The State had submitted this was the 'clearest statement of intent' that the jury were likely to encounter. Moldovan national Melnic, with an address at Calliaghstown Lower, Rathcoole, Co Dublin had pleaded not guilty to murder but guilty to the manslaughter of Mr Daghi (39) at The Close, Sallins Park, Sallins in Co Kildare on May 12th, 2024. In seeking a verdict of manslaughter for his client, Brendan Grehan SC, defending, told the jurors in his closing address that the issue of intoxication was 'all over' the case and that the consumption of three bottles of 'firewater' had an effect on everyone that night. Counsel submitted that whiskey can have a remarkable transformation on people's moods and how they behave. READ MORE Melnic told gardaí in his interviews that he couldn't remember stabbing his sister's partner with the knife as he was so drunk but later said that 'all the evidence pointed' to him being 'the only one responsible'. Mr Grehan also argued in his closing speech that if everybody who said the words 'I will kill you' in a fight were guilty of murder, the State wouldn't be able to build prisons fast enough. 'People say things not meaning them,' he submitted. Whereas, Carl Hanahoe SC, for the Director of Public Prosecutions, submitted in his closing address that Mr Daghi had entered his kitchen when a struggle pursued between the defendant and his sister. 'It wasn't the entry of a bull or a bear, it was a man entering saying 'calm down, calm down'.' The defence had asked for a verdict of manslaughter on the basis of intoxication or the partial defence of provocation, which can reduce an intentional killing from murder to manslaughter. Mr Grehan said there wasn't any doubt but that a provocative act had occurred to his client, who he said was 'badly beaten' and had reacted to that. He said the defendant had picked up a knife in the heat of the moment, where passions did not have time to cool. 'Provocation is a reaction to something that causes you to boil over; and boil over he did and cause the death of the deceased'. The jury had the option of returning two verdicts in relation to the murder charge against Melnic, namely; guilty of murder or not guilty of murder but guilty of manslaughter. The 12 jurors took six hours and 27 minutes over three days to reject the State's contention that the defences of provocation and intoxication were not open to Melnic. Following Monday's unanimous verdict, presiding judge Mr Justice David Keane thanked the jury for their service and exempted them from further jury duty for the next ten years. A sentence hearing for Melnic is expected to take place on November 3rd and the judge remanded the defendant in custody until that date. The case was listed for mention on October 20th. The Daghi family will have an opportunity to make a statement to the court about the impact Ion's death has had on their lives during the sentencing hearing. The trial heard that on the evening in question, Melnic met up with a friend and proceeded to Mr Daghi's house, arriving at 8pm. There were a number of people present in the house and they had some food in the garden, drank a bottle of whiskey and proceeded to a pub where a second bottle of whiskey was purchased and consumed back at the house. The group then went to a nightclub where they bought a third bottle of whiskey. Some time around 3am, a dispute arose between Melnic and Mr Daghi. Witness Alexandru Beccieu (24) said both he and Mr Daghi were trying to calm Melnic down but the defendant was 'very drunk'. Under cross-examination, Mr Beccieu agreed with Mr Grehan that Melnic must have had 'a colossal amount' of the whiskey as the deceased didn't have a lot of alcohol in his system. A pathologist told the jury that Mr Daghi died from a single stab wound to the chest, which measured 13cm in depth, and death would have been very rapid. Referring to the law of intoxication in his charge, Mr Justice Keane had said it is not a complete defence to murder and is there if the defendant's mind was in such a state from the effects of alcohol that he had not intended to kill or cause serious injury. He told the jurors if they had a doubt about that, then the verdict should be not guilty of murder but guilty of manslaughter.
BreakingNews.ie
6 days ago
- BreakingNews.ie
Issue of intoxication "all over" case of 24-year-old man who fatally stabbed his sister's partner
The issue of intoxication is "all over" the case of a 24-year-old man who fatally stabbed his sister's partner with a kitchen knife, with the consumption of three bottles of "firewater" having an effect on everyone that night, lawyers for the accused have told a murder trial jury. The jury panel of eight men and four women, having so far spent two hours and 20 minutes considering their verdict, have ceased their deliberations for the weekend. Advertisement At 4pm today, presiding judge Mr Justice David Keane told the jurors he would release them for the weekend and directed them to return on Monday morning to continue their deliberations. Moldovan national Valeriu Melnic (24), with an address at Calliaghstown Lower, Rathcoole, Co Dublin has pleaded not guilty to murder but guilty to the manslaughter of Ion Daghi (39) at The Close, Sallins Park, Sallins in Co Kildare on May 12th, 2024. A pathologist has told the jury that Mr Daghi died from a single stab wound to the chest, which measured 13cm in depth, and death would have been very rapid. Mr Melnic told gardaí in his interviews that he couldn't remember stabbing his sister's partner with a kitchen knife as he was so drunk but later said that "all the evidence pointed" to him being "the only one responsible". Advertisement Witness Alexandru Beccieu gave evidence that the accused was squatting down trying to protect his head earlier in the night while Mr Daghi held the leg of a chair and told him "stop or I'll beat you one". In his closing address on Thursday, Carl Hanahoe SC, prosecuting, told the jury that when they applied their common sense to the case it was quite clear that Mr Daghi at all times was trying to calm the accused man down but Mr Melnic was impervious to this; "he wasn't to be quietened". Mr Hanahoe said Mr Daghi had entered the kitchen when a struggle pursued between the accused and his sister. "It wasn't the entry of a bull or a bear, it was a man entering saying 'calm down, calm down'". Counsel said the accused had responded with "I will kill you", which the prosecutor said was the "clearest statement of intent" that the jury are likely to encounter. Advertisement The lawyer said when the jurors examined each of the issues in the case and stepped back from the fog, they could be satisfied that the defences of provocation and intoxication were not open to Mr Melnic and the appropriate verdict was guilty of murder. In his closing speech, Brendan Grehan SC, defending, told the jurors that the blade of the knife was 20cm long and the injury to the chest area was "much much shorter" and yet Mr Daghi had died. He suggested that his client should be found not guilty of murder but guilty of manslaughter. Referring to the words 'I will kill you" which were uttered by the accused, Mr Grehan told the jurors if everybody who said these words in a fight were guilty of murder then the State wouldn't be able to build prisons fast enough. "People say things not meaning them". Intoxication, he said, was "all over this case" and the consumption of three bottles of "firewater" had an effect on everyone that night. Mr Grehan said whiskey can have a remarkable transformation on peoples moods and how they behave. Advertisement Having been arrested on suspicion of assault causing harm to Mr Daghi in the early hours of May 12th, Mr Melnic was deemed unfit for interview and was not questioned until 15 hours later. He told interviewing officers at Naas Garda Station that he and the deceased had been drunk and at some point an argument started. "A lot of drink was taken, my memory is very hazy," added the accused. Mr Grehan asked the jurors to look at whether the accused was acting under provocation and whether something had been done to him which caused him for a very short period of time to totally lose it in terms of self control. He said all the indicators were there that Mr Melnic was totally out of control that night. Counsel said evidence had been given that the accused was down on the ground with his hands over his head and Mr Daghi stood over him with the remains of a chair, which had been smashed into pieces Advertisement There was any doubt at all, the barrister said, but that a provocative act had occurred to the accused, who was badly beaten and had reacted to that. He said his client had reacted badly in hot blood and picked up a knife in the heat of the moment, where passions did not have time to cool. "Provocation is a reaction to something that causes you to boil over and boil over he did and cause the death of the deceased". Curiously, the lawyer said Mr Melnic did not recall being hit over the head with the leg of a chair and the only thing he could remember was the deceased having his hands around his neck trying to strangle him. He said nine hours after the accused's arrest, scrape marks or finger marks were found on Mr Melnic's neck. "The accused did get assaulted and assaulted badly, the rights or wrongs of how that started is irrelevant". Mr Justice Keane spent Friday explaining the law and summarising the evidence in the case to the 12 jurors following the trial. The judge told the jury panel that they must be unanimous in their verdict. Mr Justice Keane said they could return two verdicts in relation to the murder charge against Mr Melnic, namely; guilty of murder or not guilty of murder but guilty of manslaughter. In his charge to the jury, the judge said to consider the defence of provocation they must first be satisfied in killing Mr Daghi that the accused had intended to kill him or cause him serious injury. Ireland Man given suspended sentence for causing €60k dama... Read More He said provocation reduces the crime of murder to manslaughter and for the defence to arise it must be a complete and sudden loss of self control. The judge said it must go beyond an action or insult that hurts a man's pride and that an ordinary man would be unable to exercise self restraint in the same circumstances as this case. Referring to the law of intoxication, the judge said it is not a complete defence to murder and is there if the accused's mind was in such a state from the effects of alcohol that he had not intended to kill or cause serious injury. He told the jurors if they had a doubt about that, then the verdict should be not guilty of murder but guilty of manslaughter.
CBC
01-07-2025
- CBC
B.C. court overturns man's murder conviction in New Westminster stabbing
Social Sharing The B.C. Court of Appeal has overturned the second-degree murder conviction of a man who was sentenced to life in prison following a fatal stabbing in New Westminster, B.C. Ryan Crossley was sentenced in April 2024 to life in prison with eligibility for parole for 14 years after a jury found him guilty of second-degree murder in the death of Robert Powshuk on Nov. 19, 2021. His brother, Curtis Crossley, pleaded guilty to manslaughter in August 2023, police said, and was sentenced to nine and a half years in prison. But B.C.'s highest court has ordered a new trial for Ryan Crossley after finding that a lower court judge made an error instructing the jury on the "level of intoxication" Crossley was experiencing at the time of the stabbing. In September 2023, a B.C. Supreme Court jury heard that both Crossley brothers had been consuming illicit drugs. Crossley's defence lawyers argued his intoxication should be considered when determining whether he intended to kill Powshuk. A charge of second-degree murder means that the perpetrator either intended to kill their victim, or meant to cause bodily harm and knew that bodily harm could result in death. The appellate court found that the Supreme Court judge had instructed the jury incorrectly about how intoxicated a person would have to be before their intent could be questioned. According to a judgment posted online on Monday, the lower court judge's "confusing and legally problematic instructions on a material issue" meant that the jury was not properly equipped to decide the case in September 2023. "The defence of intoxication formed an integral part of the appellant's response to the prosecution for second degree murder, and trial fairness required that the defence be given meaningful consideration with reference to the proper legal framework," the Appeal Court judgment reads. "That did not happen." Bleeding heavily in coffee shop Powshuk was discovered inside a Waves coffee shop on Columbia Street in New Westminster on Nov. 19, 2021, bleeding heavily from stab wounds. According to the judgment, there was an argument between Powshuk and the Crossley brothers beforehand, which turned physical. There was evidence that all three men had been taking illicit drugs. Surveillance footage showed "stabbing motions" by Ryan Crossley into Powshuk's abdomen, and Powshuk later died in hospital. Crossley's lawyers argued his intoxication should be taken into account in assessing his culpability for second-degree murder. They maintained that the idea he was in a state to have the intent to kill Powshuk was flawed, given his state of impairment. If he was found to have caused the death, but had not formed the intent to kill, Crossley's defence argued the correct conviction would be the lesser charge of manslaughter instead. "Ask yourselves was he in a state to be thinking clearly, to be appreciating the likely result of his conduct?" a defence lawyer is quoted as saying in the judgment. Level of intoxication In a criminal trial, Crown prosecutors have to prove their charge beyond a reasonable doubt, as an accused is considered innocent until proven guilty. While the jury was deliberating the case, it asked the judge to "define the level of intoxication in regards to an accused['s] understanding of the consequences of his/her actions." In response, the judge provided guidance, which included that they should be satisfied beyond a reasonable doubt that Crossley caused the death with the intent to kill. "Let me just put it this way," the judge is quoted as saying. "You must consider whether the level of intoxication impacted Ryan Crossley's mind to such an extent that it caused him to lose control of his thoughts and actions." This section of the guidance was the heart of the appeal, with Crossley's defence counsel arguing the jury was misled. In ordering a new trial, the appellate court found that the judge's instructions made it much harder for the defence to prove reasonable doubt regarding Crossley's intention to kill, and therefore, whether he committed second-degree murder.
Yahoo
30-06-2025
- Yahoo
Nanticoke man faces charges after breaking into Taylor home
A Nanticoke man faces charges after breaking into a Taylor residence twice on Wednesday, police said. Officers responded to the 200 block of West Taylor Street around 8:14 p.m. on a report of an intoxicated male who broke into a home and started attacking people, including his father, according to a criminal complaint. Once on scene, officers were informed the man, who was wearing a tan shirt and tan pants, had fled through an alley, police said. The caller told county dispatchers the man — later identified as Michael Frazier — broke into the home and attacked him and his juvenile son, officers said. The juvenile told officers Frazier doesn't live with them but stops by when he donates plasma, according to the criminal complaint. He added Frazier had a couple of drinks in the pool, became drunk and started becoming aggressive before being removed from the residence, police said. However, Frazier later broke back into the home through a rear window and kicked in the front door, according to the criminal complaint. The juvenile told officers Frazier fought with him, and he showed investigators a bruise on his leg where Frazier kicked him, police said. The father intervened when Frazier became more aggressive and threatened the juvenile, officers said. An officer found Frazier in the parking lot behind the Taylor Deli, police said. Frazier refused to talk with officers, saying he would speak only to his attorney, according to the criminal complaint. Police charged Frazier with criminal trespass, terroristic threats, simple assault, recklessly endangering another person, disorderly conduct, harassment and public drunkenness. As of Monday, Frazier, 24, remained in Lackawanna County Prison in lieu of $50,000 bail. A preliminary hearing is set for July 9 at 9:30 a.m.
