THE FAMILY of a young man killed in front of the mother of his unborn baby has voiced disgust at the seven-year jail term his attacker has received.
The victim’s mother said the killer would strike again when freed.
They were speaking after the 23-year-old man was sentenced for killing the father-to-be in front of his pregnant girlfriend.
Daniel McCormack of Kenure Park, Rush, Co Dublin, had pleaded not guilty to murder but guilty of the manslaughter of James Joyce (20) near his home at St Cronan’s Close, Swords in Dublin on July 22nd, 2010.
A jury acquitted him of murdering Mr Joyce but convicted him of manslaughter following a trial in October.
The trial heard that McCormack stabbed an innocent Mr Joyce three times after arming himself with two knives as protection from another man, Mick Monaghan.
The jury heard that Mick Monaghan travelled from Meath to beat McCormack that night but, failing to find him, beat a friend of McCormack’s instead.
McCormack heard about this, got two knives and went to the scene. He said he was just planning to collect his injured friend and get out of Swords.
However, he met James Joyce, who was with his pregnant girlfriend, and who was angry that their mutual friend had been attacked. They each threw a can of beer at the other before McCormack took out the knives and began swinging them at him. Mr Joyce was stabbed three times and died after being taken to hospital.
McCormack read about Mr Joyce’s death on teletext that night and handed himself in to gardaí the following day. He has been in custody since.
Passing sentence at the Central Criminal Court yesterday, Mr Justice Paul Carney said this case was “clouded by the warlike, vengeful intentions of Mr Monaghan towards the accused and others”.
However, he did not think this had a bearing on the defendant’s responsibility for the killing.
“Knife fatalities fall into one of three categories, escalating in gravity,” he said.
He said the first category was the use of a kitchen knife lying close to hand when a row broke out. “In the second, the accused carries a knife, allegedly for his own protection,” he continued.
He said that the third was where an accused goes home after a “straightener” to arm himself with a knife. “This case most closely fits in with the third category, the most grave of the three,” he said.
After the hearing, the victim’s parents, Patrick and Rose Joyce, said they were disgusted with the sentence. “I think it’s a disgrace because he was done before for knives,” said Mr Joyce.
He said his son was an innocent victim and thought the Director of Public Prosecutions should appeal what he considered the leniency of the sentence.
Mr Joyce’s mother said she was disgusted, considering the defendant’s 51 previous convictions and background of knife crime.
“When he’s walking free, my son is lying in the graveyard,” she said. “He’s walking free, he’s going to do the same thing again and there’s no saying that he’s not because once it’s in him, he’s going to do it,” she said.
“He’ll walk the streets again and kill some other parents’ young fella,” she added. “I really think the law is wrong . . . I think it should be a life for a life.”
She said her family was devastated at the killing of her son, who she described as “a great young fella” who would do anything for anybody. “No one can realise what we’re going through,” she said.
“You’ve a smile for people when you meet them and you’re torn apart inside. It’s literally unbelievable.”
The victim’s partner, Alison Colgan, who gave birth to his son a few months after his death, said there was no justice at all. “Our family is ruined over him,” she said.