A young man has been jailed for 3½ years for the manslaughter of a student.
Patrick Farrell (21) of Cornamuckla, Broadford, Co Kildare, pleaded guilty at Mullingar Circuit Criminal Court to the unlawful killing of 20-year-old Andrew Dolan on Pearse Street, Mullingar, on January 1st, 2012.
Mr Dolan, a biomedical student from Carrick-on-Shannon, Co Leitrim, died in Beaumont Hospital, Dublin, following the assault.
Judge Tony Hunt said it was clear from CCTV footage of the assault that Mr Dolan was in a passive mood.
The judge said he had his hands out and upturned and there was evidence he said to his attackers: “Don’t hit me. What did I do?”
“It was a serious attack against a man who at all times was uninvolved and in retreat,” Judge Hunt said.
He said Farrell "had administered two blows", one of which was "the final blow in the context of a violent assault of some duration".
Remorse
The judge accepted that Farrell, when arrested nearby, expressed immediate concern for Mr Dolan’s condition and noted that he and his family were continually in contact with gardaí looking for an update on the victim’s progress.
He also accepted that Farrell had expressed remorse, entered an early plea, and had no previous convictions.
He further accepted that when Farrell had set out that night to drink with his friends, he had no weapons with him but added he had used his fists as weapons.
He added it was inevitable that a case such as this which had “tragic and far reaching consequences” would warrant a jail term.
He sentenced Farrell to seven years in prison with the final 3½ years suspended.
Michael O’Higgins SC, defending, told the court that Farrell was finding his time in prison, since his remand two weeks ago, very difficult.
Judge Hunt told counsel that prison was not supposed to be “some kind of Butlins”.