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

Supreme Court refuses leave to appeal in Kilkenny manslaughter case

Edward O'Sullivan, a 46-year-old man, was found dead in his apartment at High Hayes Terrace, Kilkenny, in the early hours of 6 February 2020 after being stamped on the head and face. Garrett Smith, a 35-year-old man, was convicted of manslaughter and violent disorder at the Central Criminal Court and sentenced to 13 and a half years in December 2022. Rebekah Walsh, a woman, pleaded guilty to affray and was sentenced to 12 months in March 2024. The Court of Appeal rejected Smith's sentence appeal in July 2024, and the Supreme Court refused leave to appeal in December 2024.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court4 Jul
    2 reports
  5. Verdictnot reported
  6. Sentenced19 Dec
    3 reports
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Edward O'Sullivan, 46, was found lying in a pool of blood just inside the door of his apartment after being stamped on the head and face.
Where
The attack took place at High Hayes Terrace, Kilkenny.
When
The fatal attack occurred in the early hours of 6 February 2020.
Cause
O'Sullivan died of asphyxiation through inhalation of blood, and the manslaughter verdict was based on Smith being too intoxicated to form the intent for murder.
Investigation
Gardaí were alerted by a neighbour about an altercation, and Smith was arrested a short distance away with blood on his clothing and footwear.
Charges
Smith was convicted of manslaughter and violent disorder, and Walsh was charged with violent disorder but pleaded guilty to affray.
In court
The jury at the Central Criminal Court acquitted Smith of murder but convicted him of manslaughter; the Court of Appeal rejected his sentence appeal on 4 July 2024; the Supreme Court refused leave to appeal on 13 December 2024.
Sentence
Smith was sentenced to 13 and a half years for manslaughter (headline 16 years reduced to 14 years and 6 months with the final 12 months suspended) and a concurrent six-year sentence for violent disorder; Walsh was sentenced to 12 months for affray.
Other details
  • O'Sullivan's injuries were so severe that his family recognised him only by a tattoo and a closed coffin was needed for his funeral.
  • Smith had eight previous convictions and Walsh had 36 previous convictions.
81 statements extracted from the articles
  • whatEdward O'Sullivan was 46 at the time of his death. (kilkennypeople.ie)
  • whatO'Sullivan was found lying in a pool of blood just inside the door of his apartment. (kilkennypeople.ie)
  • whatCPR was administered to O'Sullivan when he stopped breathing. (kilkennypeople.ie)
  • whatThere was a large amount of blood on the floor and blood splattering on the wall. (kilkennypeople.ie)
  • whatSmith was arrested a short distance away with blood on his clothing and footwear. (kilkennypeople.ie)
  • whatSmith and others had been drinking for about 18 hours. (kilkennypeople.ie, irishtimes.com)
  • whatSmith was probably abusing prescription medication. (kilkennypeople.ie)
  • whatSmith was repeatedly and visibly stumbling around the garage forecourt. (kilkennypeople.ie)
  • whatO'Sullivan produced a knife and told everyone to leave. (kilkennypeople.ie)
  • whatA violent disorder flared up again on the street with Smith involved. (kilkennypeople.ie)
  • whatSmith reentered the apartment and inflicted the fatal injuries on O'Sullivan. (kilkennypeople.ie)
  • whatRebecca Walsh saw Smith stamping repeatedly on O'Sullivan's head and face and punching him. (kilkennypeople.ie)
  • whatO'Sullivan's face was badly swollen and bleeding and he was making a gurgling sound. (kilkennypeople.ie, irishtimes.com)
  • whatThe accused was probably abusing prescription medication. (irishtimes.com)
  • whatSmith re-entered the apartment and inflicted the fatal injuries. (irishtimes.com)
  • whatSmith threatened Walsh that the same thing would happen to her. (irishtimes.com)
  • whatO'Sullivan's family only recognised him by a tattoo. (irishtimes.com)
  • whatA closed coffin was needed for O'Sullivan's funeral. (irishtimes.com)
  • whatThe judge said the family's lives are irrevocably scarred and changed by the violence. (irishtimes.com)
  • whatRebekah Walsh pleaded guilty to affray. (kilkennypeople.ie)
  • whatA man died following a violent assault at the address. (kilkennypeople.ie)
  • whatEdward O’Sullivan, also known as Liam, was the resident of Apartment 1. (kilkennypeople.ie)
  • 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 offence took place at High Hayes Terrace. (kilkennypeople.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 sentencing took place on 19 December 2022. (kilkennypeople.ie)
  • whenSmith was seen on CCTV at about 3am with O'Sullivan at a Circle K garage. (kilkennypeople.ie)
  • whenThe offence took place in the early hours of 6 February 2020. (kilkennypeople.ie)
  • whenThe fatal attack took place on 6 February 2020. (rte.ie)
  • causeGarrett Smith stamped on Liam O’Sullivan’s head with fatal force. (kilkennypeople.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)
  • investigationGardaí were alerted by a neighbour about an altercation at the property. (kilkennypeople.ie)
  • investigationWalsh tried to downplay her role, according to the inspector. (kilkennypeople.ie)
  • investigationThe applicant was arrested near the scene and taken to a garda station. (courts.ie)
  • chargeSmith was arrested on a charge of assault causing harm. (kilkennypeople.ie)
  • chargeSmith was also found guilty of violent disorder. (irishtimes.com)
  • chargeWalsh was charged with violent disorder. (kilkennypeople.ie)
  • chargeA plea to affray was offered and accepted by the DPP. (kilkennypeople.ie)
  • chargeSmith was also found guilty of violent disorder arising from the same incident. (rte.ie)
  • courtMr Justice Tony Hunt passed the sentence at the High Court. (kilkennypeople.ie)
  • courtThe jury found Smith not guilty of murder but guilty of manslaughter. (irishtimes.com)
  • courtThe case fell into the lower end of the worst cases for manslaughter. (irishtimes.com)
  • courtIntoxation was already a mitigating factor in reducing murder to manslaughter and could not be counted again. (irishtimes.com)
  • courtGarrett Smith was found not guilty of murder but guilty of manslaughter and violent disorder. (kilkennypeople.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)
  • sentenceSmith was sentenced to 14 years and 6 months with the final 12 months suspended. (kilkennypeople.ie)
  • sentenceSmith received a six-year concurrent sentence for violent disorder. (kilkennypeople.ie)
  • sentenceThe headline sentence was 16 years. (kilkennypeople.ie)
  • sentenceSmith was sentenced to 13½ years for manslaughter. (irishtimes.com)
  • sentenceThe judge set a headline sentence of 16 years. (irishtimes.com)
  • sentenceA six-year concurrent sentence was passed for violent disorder. (irishtimes.com)
  • sentenceSmith will have to engage with probation services and deal with his alcohol, drug and anger issues. (irishtimes.com)
  • sentenceGarrett Smith is serving a 13.5 year sentence for manslaughter. (kilkennypeople.ie)
  • sentenceJudge Cormac Quinn sentenced Walsh to 12 months imprisonment for affray. (kilkennypeople.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)
  • otherMr O’Sullivan was taken to St Luke’s Hospital, where he died a short time later. (kilkennypeople.ie)
  • otherFive co-accused were involved, including Garret Smith. (kilkennypeople.ie)
  • otherWalsh gave evidence at a murder trial that she saw Garrett Smith stamp on the victim’s head. (kilkennypeople.ie)
  • otherWalsh and Garrett Smith were intercepted by gardaí when they tried to leave the property. (kilkennypeople.ie)
  • otherWalsh's defence said she was involved at the periphery. (kilkennypeople.ie)
  • otherWalsh expressed sadness and remorse. (kilkennypeople.ie)
  • otherWalsh has 36 previous convictions. (kilkennypeople.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
  3. 28 Mar2024
    Repeat offender jailed for affray in Kilkenny

    Sentencing of Rebekah Walsh for affray over the High Hayes Terrace incident in which Liam O'Sullivan died. Garrett Smith's manslaughter conviction and 13.5 year sentence are mentioned. Walsh had been charged with violent disorder, and a plea to affray was accepted by the DPP.

    convicted, Rebekah Walsh, female, named, irish (judged from name)Rebekah Walshvictim, Edward O'Sullivan, male, irish (judged from name)Edward O'Sullivanconvicted, Garrett Smith, named, irish (judged from name)Garrett Smith
  4. 19 Dec2022
    Man sentenced to 13½ years for manslaughter which left a family ‘irrevocably scarred’

    Sentencing details including the judge's remarks, witness evidence from Rebecca Walsh, CCTV evidence, aggravating and mitigating factors, and the concurrent violent disorder sentence.

    victim, male, irish (judged from name)convicted, Garret Smith, 35, male, named, irish (judged from name)Garret Smith
  5. 19 Dec2022
    Man who killed Kilkenny dad is jailed for 13 years 6 months by High Court

    Reports the High Court sentencing of Garrett Smith, including the judge's reasoning, the headline sentence of 16 years reduced to 14 years and 6 months (12 months suspended), a six-year concurrent sentence for violent disorder, trial evidence, and victim impact statements.

    victim, Edward O'Sullivan, 46, male, irish (judged from name)Edward O'Sullivanconvicted, Garrett Smith, 35, male, named, irish (judged from name)Garrett Smith