Knife murder sentence 'excessive'
Judges have been urged to reduce a minimum 22-year prison sentence imposed on a man for stabbing to death a reputed drug dealer.
Friday, 11 December 2009
Desmond Heaney, 27, was convicted of murdering Patrick Fleming in Coleraine, Co Londonderry in May 2006.
The 40-year-old victim was stabbed up to five times after violence flared during a party at a flat in the town.
Just before Heaney went on trial the family of Mr Fleming, who was from Macosquin, Coleraine, agreed to hand over assets valued at £750,000.
A house, land, cash and valuable paintings were all relinquished to settle a case with the Assets Recovery Agency, who claimed the dead man had amassed wealth from drug dealing. Mr Fleming's relatives denied the allegations.
Heaney, formerly of Dunclug Park, Ballymena, Co Antrim, was sentenced to life imprisonment in May 2008 and ordered to serve a minimum 22 years behind bars.
But his senior counsel told the Court of Appeal that the tariff imposed was manifestly excessive.
Billy McCrory QC claimed there was a "chasm" between the higher starting point of 15-16 years and the punishment his client received.
With Heaney said to have seized the murder weapon from the kitchen during the party, Mr McCrory said: "This is not a case of a man who was carrying a knife.
"It would appear the events that compromised the offence occurred in a matter of seconds rather than minutes."
The barrister added: "The use of the knife was not in a pre-planned, pre-mediated way. It was in response to a situation of developing chaos and violence."
Crown counsel Neil Connor disputed any suggestion that the attack was spontaneous.
He claimed Heaney armed himself first, even if just by a matter of minutes.
Mr Connor said: "The appellant made a conscious decision, whilst most of those in the room were distracted by what was going on, to go into the kitchen, arm himself with the knife, leave with the knife at least partially secreted up his sleeve and then shortly thereafter make his way to where Mr Fleming was standing and use it without warning."
He also pointed to Heaney's criminal record as a second aggravating factor in the case.
The court heard his previous convictions included grievous bodily harm with intent for a hammer attack which fractured a man's jaw.
When the victim of that assault returned with a baseball bat Heaney was said to have brandished an ornamental Samurai sword and threatened to slice him up.
Lord Chief Justice Sir Declan Morgan, sitting with Lord Justice Higgins, reserved judgment in the appeal application.
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