Two men have been sentenced to four years in prison after being found guilty of the manslaughter of a 29-year-old man at a housing estate in Carrigaline in December 2022.
Ricardo Hoey, 21, of Ardcarrig, Carrigaline, Co Cork, and Jordan Deasy, 20, of Ravensdale, Heron's Wood, were both charged with the murder of Matt O’Neill on 28 December 2022 at Glenwood Estate in Carrigaline.
They went on trial at a sitting of the Central Criminal Court in Cork last April with the jury returning verdicts of not guilty of murder but guilty of manslaughter for both men.
Ms Justice Siobhan Lankford jailed both men for seven years today suspending the last three years of their sentences.
However, she warned them that they will end up back in prison if they reoffend.
Both also have conditions attached to their release.
Mr O’Neill had left his home in Carrigaline on foot that night to go across the road to buy wine.
Hoey and Deasy were travelling through the estate in a car. They claimed that Mr O’Neill stood in front of their car, waving the bottle and would not move off the road.
At the sentencing hearing, Ms Justice Siobhan Lankford said that Mr O’Neill was punched and got a kick in the head during the brief incident.
She said that actions of the men had effectively ended the life of Mr O’Neill. He died 11 days after the attack in hospital having never regained consciousness.
Hoey had gotten out of his car on the day of the offence pushing Mr O’Neill who fell to the ground.
Deasy punched him twice with Hoey then kicking Mr O’Neill once in the head.
The pair then left the scene in a car driven and owned by Hoey.
Ms Justice Lankford said that Hoey told his mother that an altercation had taken place and presented himself to gardaí within an hour of the incident.
She noted that Deasy went in to hiding but was arrested on 31 December 2022.
She said that during questioning, the men had accepted that their behaviour was cowardly and unnecessary.
The judge said that that "aggravating factors" in the case included that Mr O’Neill was "entirely defenceless" and that the violence was "unnecessary and gratuitous."
She said both men had accepted that Mr O’Neill was "defenceless" and that the assault was "not a fair fight".
Mitigating factors she cited included the fact that Hoey and Deasy were teenagers at the time of the offence, that the assault was brief, that their actions were not premeditated and that no weapon was used.
She noted the good work history of Hoey and his "warm connection" with his supportive family.
She said that Deasy had received a good report from the prison where he is an enhanced prisoner. He also experienced certain difficulties in his childhood, the court heard.
Ms Justice Lankford accepted that both men were very remorseful for their actions and that Deasy in particular understood the pain caused to the O’Neill family as he was also an only child.
Hoey, who is a scaffolder, is without previous convictions. Deasy has 11 previous convictions one of which is for assault causing harm.
Ms Justice Lankford said that the deceased man, could "swim before he could walk" and saved lives during a rescue at sea when he was just 13 years old.
She offered her condolences to Pat and Eileen O’Neill following the loss of their only son.
However, speaking outside the court Pat O’Neill said that the sentence imposed on the two men was far too lenient.
"Matt was punched and kicked in a mindless, senseless cowardly act as he lay defenceless on the road. While no sentence can bring our son back life, life is precious and fragile and should be protected.
"The sentence handed down today does not amount to justice. They killed our son and they received four years. There have been many violent and brutal attacks like this in the past. And there will be many more. Whose son or daughter will be next.
"We call on our minister of justice to review the sentencing and legislation for these brutal attacks. As a result of this attack our only son is dead.
"Respect for the lives of our young ones is not enhanced by insufficient consequences for those who live by a violent code."
Mr O’Neill previously delivered a powerful victim impact statement.