Victim’s family applauds rejection of killer’s appeal

Friends and relations of a man who was stamped to death during a “vicious” and “frenzied” attack in his Kilkenny home applauded when the Court of Appeal rejected the killer’s attempt to reduce his 13.5-year sentence.

Garrett Smith, 35, had argued before the three-judge court that the prison term was too harsh despite having been told by his trial judge that the jury had been “charitable and merciful” in finding him guilty of manslaughter instead of murder.

Mr Justice Tony Hunt told Smith to welcome the jury’s verdict “like a drowning man clinging to a life raft”.

The Central Criminal Court heard that such were victim Edward ‘Liam’ O’Sullivan’s injuries, his family only recognised him by his tattoo and a closed coffin was needed for his funeral.

Today, the Court of Appeal said that it was not persuaded to uphold any of the grounds of appeal.

Mr Justice John Edwards said the attack on Mr O’Sullivan was characterised by “sheer viciousness and brutality” and by its “intensity and frenzied nature”.

The manslaughter verdict was returned on the basis that Smith was too intoxicated to have been able to form the necessary intent for murder.

However, Mr Justice Edwards said: “Any suggestion that the accused did not know that he was assaulting the deceased, or by what means and in what manner he was doing so, is not tenable.”

He agreed with Mr Justice Hunt’s finding that the offence belonged among the “worst cases” of manslaughter.

Intoxication, he said, is not the same as diminished responsibility and provides no mitigation of his moral culpability for the killing.

The court also rejected arguments that the trial judge had failed to properly take into account mitigating factors.

Mr Justice Edwards noted that Mr Justice Hunt had set a headline sentence of 16 years and reduced that to 14.5 years with the final 12 months suspended.

“While the sentencing judge might have had some scope to be more generous, we do not believe that he operated outside his margin of appreciation.”

When Mr Justice Edwards dismissed the appeal, family and friends of the deceased gave a brief applause before prison officers took Smith back to the cell area.

Smith, of St John’s Park, Waterford, was convicted in 2022 by a jury at the Central Criminal Court of the manslaughter of Edward ‘Liam’ O’Sullivan in the deceased’s apartment at High Hayes Terrace, Kilkenny on 6 February 2020.

He was also found guilty of violent disorder arising out of the same incident.

The court heard that, before the killing, Smith and others had been drinking for about 18 hours and he was probably abusing prescription medication.

He was seen on CCTV at about 3am with Mr O’Sullivan at a Circle K service station where Smith was “repeatedly and visibly stumbling around the garage forecourt”.

He went to the apartment where there was a violent outbreak which prompted Mr O’Sullivan to produce a knife and tell everyone to leave.

He put the knife down, but disorder flared up again on the street with Smith again involved.

Smith then re-entered the apartment and inflicted the fatal injuries on his victim.

One witness told the trial that she saw Smith stamping repeatedly on Mr O’Sullivan’s head and face and punching him.

At the sentencing, hearing the court heard that State Pathologist Dr Heidi Okkers had said Mr O’Sullivan’s injuries were akin to those typically suffered in road crashes.

Smith had eight previous convictions, including one for assault in 2009.