A 39-year-old man who said he was acting in self defence when he stabbed his aunt's partner 16 times has been jailed for nine years.
Kearney, with an address at Loughnamona Drive, Leixlip, Co Kildare, had pleaded not guilty to murdering 50-year-old Jeffrey Jackson, at The Lamps, School Street, Kilcock, Co Kildare, on 8 February 2024.
Sentencing Kearney at the Central Criminal Court this morning, Mr Justice Paul Burns said the "extreme and sustained violence" used by the defendant was "truly shocking".
He said Mr Jackson's ability to defend himself had been impaired due to his level of intoxication.
The judge said there had been a sustained use of a knife and no evidence was given as to why Kearney could not have retreated if, as the he had said, Mr Jackson "kept coming at him".
Kearney was found not guilty of murder but guilty of manslaughter by a jury earlier this month, who had unanimously rejected the prosecution case that Kearney was guilty of murder and that he had intentionally stabbed cancer survivor Jeffrey Jackson from "almost top to toe", intending to kill or cause serious injury.
Kearney has 152 previous convictions, which include trespassing, theft, possession of drugs for sale and supply, criminal damage and endangerment.
In one of five victim impact statements read to the court earlier this week, the older brother of Mr Jackson, Roy Jackson, said Kearney would "forever be known as the person who killed" his brother and that "every time" his cell door slams "it may be a reminder of him taking Jeffrey's life".
Roy Jackson told the Central Criminal Court that seeing Kearney "with a smug look on his face" when the verdict was returned showed he had "no respect" and "no remorse" for their family.
He added: "Death is final, jail is not. Ryan Kearney you don't deserve the privilege of being a free man".
In a second victim impact statement, Jeffrey Jackson's mother, Grace Jackson, said she was consumed "by the horrific manner" by which her son was killed.
"I can feel his fear and pain as he struggled to survive, not able to breathe, he'd been stabbed twice in the back, 16 stab wounds sustained, 45 bruises in total, trying to defend himself from a psychotic cowardly killer".
It was the defence's contention that Kearney had not been the aggressor and had done no more than he believed necessary in the circumstances to defend himself.
Michael Bowman SC, defending, had told the jury in his closing address that his client was acting in self defence when he fatally stabbed Mr Jackson, who counsel submitted was prone to "rage and violence" and who Kearney was "absolutely right" to call "a complete lunatic".
He said his client was an alcoholic but whatever difficulties he had, he was not given to behaving in a manner involving violence and knives.
Before delivering today's sentence, Mr Justice Burns said Kearney had arrived uninvited to Breda Kearney's apartment, who was the defendant's aunt through marriage. He said Jeffrey Jackson was annoyed by Kearney's arrival at the apartment and consuming their vodka.
The judge said the level of violence was "extreme" with 16 knife wounds to the deceased as well as some blunt force injuries. He said this indicated a sustained use of a knife.
Mr Justice Burns pointed out that Brendan Grehan SC with Edward Doocey BL, prosecuting, had submitted that the Director of Public Prosecution's view was that the offending attracted a headline sentence of between 10 and 15 years.
Whereas, the judge said the defence had submitted the headline sentence was at the bottom of that range.
The judge said the defence of self defence went to the jury as a full and partial defence. He said the partial defence of provocation had also gone to the panel.
The defence had asked for an outright acquittal or a verdict of manslaughter on the basis of self defence or the partial defence of provocation, which can reduce an intentional killing from murder to manslaughter.
Mr Justice Burns said the defence had submitted at this week's sentence hearing that the propensity of the evidence supported the partial defence of self defence rather than provocation. The judge said the court agreed with this and he would approach sentencing with self defence using excessive force.
The judge said Breda Kearney had to contact emergency services as the defendant had not done so. He said "a limited degree of a clean up" had been attempted by Kearney before gardaí arrived and the defendant also misled officers with "concocted events".
He set the headline sentence at 12 years and six months in prison.
In mitigation, Mr Justice Burns noted the defendant had offered a plea of manslaughter before the trial, which had not been accepted by the DPP.
He said whilst Kearney had committed serious offences in the past his history of offending was not a violent one. He said the defendant had a long history of alcohol dependency and abuse and had also expressed remorse in a short letter to the court.
Taking mitigation into account and to assist rehabilitation, Kearney was sentenced to 10 years in prison with the final year suspended for a period of three years. It was backdated to when he went into custody on 8 February 2024.
