A Dublin man who strangled his girlfriend has had his three-year sentence for manslaughter increased to four years by the Court of Criminal Appeal.
The court found it was indisputable that there was a background of violence between the couple which was "inadequately reflected" in the trial judge's observation that theirs was a loving relationship.
Granting the DPP's application for an increased sentence, the three-judge appeal court found that the trial judge had erred in principle in apparently accepting a statement by Francis Cahill that he had a "loving" relationship with the deceased, Ms Catherine Mullen.
Even if that was so, there was failure to adequately address the facts, clearly enumerated from even the most generous view of the evidence from the defendant's viewpoint; that there clearly was a level of violence inflicted on Ms Mullen over some period, Mr Justice Hardiman, sitting with Ms Justice Carroll and Mr Justice Peart, said.
In those circumstances, the court took the view the three-year sentence imposed on Cahill did not adequately reflect the gravity of what had occurred. The court believed an increase in sentence was necessary. It would increase the sentence to four years, suspending the last year unconditionally. The original sentence was three years, with the last year also suspended unconditionally.
