A man who was stabbed and killed after breaking into a house in the middle of the night has been described as a "role model" following his murderer's sentencing yesterday.
Dean Kerrie, 21, from Portarlington in Co Laois, Ireland was on Wednesday jailed for three-and-a-half years by the Central Criminal Court in Dublin, reports the Irish Mirror.
Mr Justice Paul McDermott said that Kerrie, who was 17 at the time, was entitled to use force of himself, his family and his home when Jack Power entered his home.
However, the force the teenager used on the victim was "grossly" excessive given that Mr Power was unarmed.
Taking into account that Kerrie was a teenager at the time of the crime and showed genuine remorse, the judge ended up imposing a sentence of four years and six months with the final year suspended for two years.
Further to this, the sentence was backdated to June 30 of this year, considering that the teen had already spent in custody - with the judge noting that Kerrie did not expect or instigate the violence on the night.
Kerrie was tried twice for murder, but was convicted by the jury of manslaughter for killing Mr Power after the deceased had entered his home at Shanakiel in Dunmore East, Waterford, a seaport city in southeast Ireland, in the early hours of July 26, 2018.
In delivering the sentence on Tuesday, Mr Justice McDermott said that in impact statements made to the court, Jack Power's family had said that they felt their son had no voice in the courtroom.
The judge added that trials, focusing on rules and evidence, provide "cold comfort for relatives whose loss is profound and life-long."
He went on to describe the deceased victim as an "exceptionally hard-working young man" who loved his work as a fisherman and was "fuelled by his father's encouragement".
Mr Power was also a role model and a fun companion for his brothers, the judge added, saying that his loss is "incalculable", with Mr Justice McDermott continuing to say: "Nothing I do or say will alleviate this suffering. The sentence I impose must be proportionate to the gravity of the offence of manslaughter and also appropriate to his [Kerrie's] circumstances."
The trial went on to hear that Mr Power had been drinking into the early hours of the morning, and around 3am saw that damage had been done to his car - which he believed had been caused by Kerrie.
He went to Kerrie's home, where he picked up a rock and smashed the front window of the house, and proceeded to enter through the front door.
Mr Justice McDermott said Mr Power assaulted Kerrie in his bedroom, and there was a suggestion that he also attacked Kerrie's mother.
Kerrie told gardai officers he found a knife by the side of the bed and proceeded to stab the victim during the course of the disturbance.
However, Mr Justice McDermott said that he does not believe the court has heard the truth about the "provenance of the knife and how it was found but he armed himself quickly" and used the knife.
Mr Justice McDermott said: "I have to consider the nature of what happened that night. The Oireachtas has recognised the special position of those obliged to defend themselves or their property from unlawful attack, particularly in their home.
"That is therefore a matter that has to be taken into account when considering the culpability of the accused. Those who are attacked in the home are entitled to use force and sometimes lethal force in defence of themselves and their home."
He went on to add that Kerrie's case was different to one where a person carries a concealed knife in public and the defendant’s case therefore attracts a lesser sentence.
Kerrie did not instigate the attack and could not have expected it, the judge said, adding that the teen was at home when, "without warning" he was attacked by Mr Power who smashed the window and entered unlawfully into his property.
The judge also noted that Mr Power was a tall, well-built man while Kerrie was of slight build and younger.
But the jury's verdict indicated that Kerrie had used excessive force when he stabbed Mr Power, and the fact that Mr Power was unarmed was an aggravating factor, the judge said.
When the offence happened, Kerrie was a minor and had he been sentenced as a minor he would have been subject to a regime where the emphasis is on rehabilitation rather than punishment, the judge said.
An adult who had committed the same crime would have faced a headline sentence of seven years, the judge said.
Taking into account Kerrie's age and the "difficult and pressurised situation created by the deceased which was not of his making," he set the headline at five years and six months.
He further reduced that having considered Kerrie's remorse and that he immediately contacted emergency services following the stabbing and accepted responsibility for inflicting the fatal wound.
Kerrie is considered a moderate risk of violent offending in the future and will be required to work with probation services and engage with anger and violence management if deemed appropriate after his release.
