BEFORE SENTENCING, defence counsel Brendan Grehan asked the judge to take into account the tragic circumstances of the case.
“I ask the court to temper with mercy the penalty it feels it has to impose,” he said. “It’s always recognised that the crime of patricide carries with it its own penalty, that the person has to live with it for the rest of his life.”
Mr Justice John Edwards said the deceased was entitled to his life and was deprived of that opportunity. He said this case was neither at the most minimal nor most serious level of manslaughter and would probably attract a sentence of six years without considering personal circumstances.
He did not believe there were gross aggravating circumstances, but mentioned mitigating factors.
“I accept without question the genuineness of Mr McInerney jnr’s remorse because I’ve had the opportunity of observing his demeanour,” he said.
He agreed with defence counsel that patricide was a special case.
“Whatever difficulties, there’s always a special bond between a parent and child,” he said. “I recognise it is a special burden for him.”
The judge said he could not ignore that the defendant had a difficult life with extraordinary adversities, including physical injuries.
“I have reports going back two decades that document the difficulties that existed in the home where he grew up,” he said.
“One of the features to his credit is that he was required to take on the role of an adult in the family from a very early age,” he continued. “The evidence is overwhelming that he was extremely supportive of his mother and siblings and maintained that support while he tried to maintain a relationship with his father.”
He said the defendant’s criminal record for public order offences related to intoxication and he was satisfied that the night of the killing was completely out of character. He said the accused had been doing his best to walk a tightrope in difficult circumstances.
“What occurred on this night was an eruption after many years of difficulties,” he said.
The judge decided that there was enough mitigation in this “unusual, exceptional and extraordinary” case to reduce the sentence to 18 months. He noted that Mr McInerney had already spent six months in prison after being charged and said that this 18 months would run from now.