Nine-year sentence for killing ‘excessive’, hears Court of Appeal

Nine-year sentence for killing ‘excessive’, hears Court of Appeal

22 January 2025

THE jail sentence imposed on a man who chased and stabbed his neighbour to death in a Downpatrick street was manifestly excessive, the Court of Appeal has heard.

A lawyer 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 in Church Street 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 to 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 on Friday, Gavan Duffy KC argued that Donnelly 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 said she would give a ruling within the next month.