Courts / Dublin / Report

Dublin man jailed for eight years for St. Stephen's day manslaughter

Date
2015-12-07

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

In December 2015, Wayne Kennedy, aged 34, was sentenced to eight years' imprisonment for manslaughter after a Christmas‑day altercation at Rathsallagh Park, Dublin. Kennedy was charged with murdering David Spain, aged 26, on 26 December 2013, and with intentionally or recklessly causing serious harm to Sean Turner on the same day. A jury found Kennedy not guilty of the second charge and guilty of manslaughter, after deliberating for four hours and 48 minutes. The court heard that Kennedy and Spain had a "duel" that night, during which Spain was stabbed six times, with two wounds deemed potentially fatal. Kennedy was also accused of assaulting Turner, who was armed with a stone; the jury acquitted him of that charge. The judge noted Kennedy's cooperation and good behaviour in custody, and imposed the eight‑year sentence.

Who, what, where, when and why

What: Report matter: Dublin man jailed for eight years for St. Stephen's day manslaughter. Charges or matters: murdering David Spain (26) on December 26th, 2013 at this address as well as intentionally or recklessly causing serious harm to Sean Turner on the same date; both counts; murder and assault causing harm. "Mr Turner communicated with the accused on Christmas day in the small hours of the 26th," he said. "(He came) from a house across the road from the accused; murder, he did not seek bail – he faced up to the reality. Procedural stage: sentence

When:

December 26th, 2013 Hearing Or Sentence
December 25th 2013 Hearing Or Sentence
Christmas Other
Christmas day Incident
2015-12-07 Publication

Case subjects

Wayne Kennedy

Accused

Charges: murdering David Spain (26) on December 26th, 2013 at this address as well as intentionally or recklessly causing serious harm to Sean Turner on the same date; both counts; murder and assault causing harm. "Mr Turner communicated with the accused on Christmas day in the small hours of the 26th," he said. "(He came) from a house across the road from the accused; murder, he did not seek bail – he faced up to the reality (Alleged Or Contested)

Plea: Not guilty

Outcome: Mr Justice McCarthy described Kennedy's behaviour at Cloverhill prison as "excellent", noting that he was employed as a cleaner in the prison and that he was involved in a computer workshop and counselling training programme. "The question arises as to an appropriate sentence.