The prison term imposed on a man who chased and stabbed his neighbour to death on a Co Down street was manifestly excessive, the Court of Appeal heard today.
Counsel for Barry Donnelly (39) claimed his minimum nine-year tariff for killing tattoo artist Aidan Mann while in the grip of a psychotic episode should be reduced by up to three years.
But prosecutors insisted it was an “horrific” attack carried out by someone described as a tragedy waiting to happen.
Mr Mann (28) was stabbed 14 times outside a car dealership in Church Street, Downpatrick on January 3 2022.
Graphic CCTV footage showed the victim being pursued after Donnelly first approached him outside their block of flats while armed with two large kitchen knives.
Mr Mann, also known as tattoo artist Zen Black, was unable to escape and fell to the ground where the defendant straddled and stabbed him repeatedly in the chest, leg and torso in front of others in the area.
Donnelly subsequently pleaded guilty to manslaughter on the grounds of diminished responsibility.
In July 2023 a judge at Belfast Crown Court sentenced him to an indeterminate custodial term, with a minimum tariff set at nine years.
He is currently detained at a secure psychiatric unit but is expected to be transferred into a prison when his condition is stabilised.
Donnelly will only be released after serving the minimum period if Parole Commissioners decide that he no longer poses a risk to the public.
Appealing against the sentence, Gavan Duffy KC argued that the defendant was never properly diagnosed with a mental illness, despite clear links between his use of cannabis and paranoid psychosis.
Donnelly suffered from a more severe disability than those sentenced for comparable offences, it was contended.
“The appropriate tariff in this case is six or seven years,” Mr Duffy submitted.
“Nine years, when one considers some of the features in other cases, is clearly manifestly out of step with the current authorities.”
Ciaran Murphy KC, for the prosecution, countered that it had been a “shocking” and “repulsive” fatal attack on an innocent victim going about their business.
“The deceased ran from the defendant and tried to escape but couldn’t run any further,” he submitted.
“He was brought to the ground and in a public place two kitchen knives were thrust into him in front of members of the public.”
The barrister also highlighted how Donnelly had not registered with a GP or sought medical treatment for his drug-related issues.
“It was a horrific offence… he was, in many ways, something tragic waiting to happen,” Mr Murphy added.
“His culpability wasn’t low, and we don’t agree with the submission that the trial judge made an error by selecting (the nine year tariff).
Reserving judgment in the appeal against sentence, Lady Chief Justice Dame Siobhan Keegan pledged to give a ruling within the next month.