Case No. 16733Manslaughter · Co. Kilkenny · 6 Feb 2020

Court of Appeal rejects appeal against manslaughter sentence of Garrett Smith

On 6 February 2020, Edward 'Liam' O'Sullivan died after an attack in his apartment at High Hayes Terrace, Kilkenny. Garrett Smith, a 35-year-old man, was arrested near the scene and was later convicted in the Central Criminal Court of manslaughter and violent disorder, having been acquitted of murder by the jury. He was sentenced to 14.5 years with the final year suspended, which one report describes as a 13.5-year sentence, and a concurrent six-year sentence for violent disorder. On 4 July 2024 the Court of Appeal rejected his appeal against sentence, and on 13 December 2024 the Supreme Court refused him leave to appeal, which is the latest development.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court4 Jul
    2 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • Garrett Smith, 35, was convicted of the manslaughter of Edward 'Liam' O'Sullivan.
  • The victim was stamped on during an attack in his home, and a witness told the trial she saw Smith stamping repeatedly on his head and face and punching him.
Where
The attack happened in the victim's apartment at High Hayes Terrace, Kilkenny, and a scene of violent disorder followed outside.
When
The fatal attack took place on 6 February 2020.
Cause
  • The victim died of asphyxiation through inhalation of blood.
  • The jury acquitted Smith of murder and convicted him of manslaughter, a verdict based on the finding that he was too intoxicated to form the intent for murder.
Investigation
Smith was arrested near the scene and taken to a garda station.
Charges
Smith was also found guilty of violent disorder arising from the same incident.
In court
  • Smith had offered a plea to manslaughter some days before the trial date, which the prosecution did not accept.
  • On 4 July 2024 the Court of Appeal rejected Smith's appeal against sentence, saying it was not persuaded to uphold any grounds and that the offence belonged among the worst cases of manslaughter.
  • On 8 October 2024 Smith applied for leave to appeal to the Supreme Court, and on 13 December 2024 the Supreme Court refused leave.
Sentence
  • The trial judge set a headline sentence of 16 years and reduced it to 14.5 years with the final 12 months suspended; one report describes the sentence as 13.5 years.
  • A six-year sentence for violent disorder was imposed to run concurrently.
Other details
Smith had eight previous convictions, including one for assault in 2009.
27 statements extracted from the articles
  • whatGarrett Smith was convicted of manslaughter of Edward 'Liam' O'Sullivan. (rte.ie)
  • whatThe victim was stamped to death during a violent and frenzied attack in his Kilkenny home. (rte.ie)
  • whatA witness told the trial she saw Smith stamping repeatedly on the victim's head and face and punching him. (rte.ie)
  • whatThe applicant was convicted in the Central Criminal Court of manslaughter and violent disorder. (courts.ie)
  • whatThe applicant was seen stamping repeatedly on the head of the deceased. (courts.ie)
  • whereThe attack happened in the deceased's apartment at High Hayes Terrace, Kilkenny. (rte.ie)
  • whereA scene of violent disorder followed outside the deceased's home. (courts.ie)
  • whenThe fatal attack took place on 6 February 2020. (rte.ie)
  • causeThe manslaughter verdict was based on Smith being too intoxicated to form the intent for murder. (rte.ie)
  • causeThe deceased died of asphyxiation through inhalation of blood. (courts.ie)
  • investigationThe applicant was arrested near the scene and taken to a garda station. (courts.ie)
  • chargeSmith was also found guilty of violent disorder arising from the same incident. (rte.ie)
  • courtThe Court of Appeal rejected Smith's attempt to reduce his 13.5-year sentence. (rte.ie)
  • courtThe Court of Appeal said it was not persuaded to uphold any of the grounds of appeal. (rte.ie)
  • courtThe Court of Appeal said the offence belonged among the worst cases of manslaughter. (rte.ie)
  • courtFamily and friends of the deceased applauded briefly when the appeal was dismissed. (rte.ie)
  • courtThe jury acquitted the applicant of murder but convicted him of manslaughter. (courts.ie)
  • courtThe applicant offered a plea to manslaughter some days before the trial date, which the prosecution did not accept. (courts.ie)
  • courtThe Court of Appeal rejected the argument that the case had been wrongly categorised. (courts.ie)
  • courtThe Court of Appeal's order is dated 4 July 2024. (courts.ie)
  • courtThe application for leave to appeal to the Supreme Court was made on 8 October 2024. (courts.ie)
  • courtThe Supreme Court did not grant leave to appeal. (courts.ie)
  • sentenceThe trial judge set a headline sentence of 16 years and reduced it to 14.5 years with the final 12 months suspended. (rte.ie)
  • sentenceThe applicant was sentenced for manslaughter to fourteen and a half years imprisonment, with the final year suspended. (courts.ie)
  • sentenceA six-year sentence was imposed for violent disorder, to run concurrently. (courts.ie)
  • sentenceA headline sentence of 16 years was nominated. (courts.ie)
  • otherSmith had eight previous convictions, including one for assault in 2009. (rte.ie)

The reporting

newest first
  1. 13 Dec2024
    [2024] IESCDET 156 Supreme Court: The People (at the suit of The Director Of Public Prosecutions) -v- Garrett Smith

    Supreme Court determination refusing leave to appeal. The Court of Appeal dismissed the severity-of-sentence appeal on 4 July 2024. The applicant argued the 10% deduction for his offer to plead to manslaughter was insufficient and that intoxication showed a lack of premeditation.

    convicted, Garrett Smith, named, irish (judged from name)Garrett Smithvictim
  2. 4 Jul2024
    Victim's family applauds rejection of killer's appeal

    Reports the Court of Appeal's rejection of Smith's sentence appeal, with background on the 2022 conviction, the attack and the sentencing judge's findings.

    convicted, Garrett Smith, 35, male, named, irish (judged from name)Garrett Smithvictim, Edward 'Liam' O'Sullivan, irish (judged from name)Edward 'Liam' O'Sullivan