A man was sentenced to life in prison for murder. He appealed, saying his sentence was too long. The court agreed that it was a bit too long because the judge didn't consider his ADHD properly, so they made it a little shorter. They didn't believe his self-defense argument, though.
Key Facts
- •Patrick McDonagh was convicted of the murder of Abubaker Abbas and possession of an offensive weapon.
- •The murder involved a knife attack, severing Abbas' carotid artery.
- •McDonagh's defense was self-defense.
- •The incident followed an argument and altercation involving McDonagh, Abbas, and a co-defendant, Daniella Hill.
- •McDonagh was sentenced to life imprisonment with a minimum term of 26 years (less time served on remand).
- •The appeal challenged the sentence's excessiveness, arguing for the admission of fresh psychiatric evidence and insufficient weight given to mitigating factors.
- •The judge found premeditation and rejected the self-defense claim.
- •Fresh psychiatric evidence revealed McDonagh's deteriorating mental condition in prison, including emerging psychosis, but this condition was not present at the time of the offense.
Legal Principles
Sentencing for murder, including consideration of aggravating and mitigating factors.
Sentencing Act 2020, Schedule 21
Admission of fresh evidence on appeal.
Criminal Appeal Act 1968, Section 23
Outcomes
Appeal allowed in part.
The court found the minimum term of 26 years was manifestly excessive due to insufficient consideration of ADHD as a mitigating factor. The fresh psychiatric evidence did not alter the judge's initial findings.
Sentence reduced to life imprisonment with a minimum term of 24 years (less time served on remand).
This reduction reflects the mitigating factor of ADHD and a comprehensive review of aggravating and mitigating circumstances.