The Daily Star Ireland
A 25-year-old man has been sentenced to six years and three months in prison for the manslaughter of Dylan McCarthy, who died following an assault outside a public house in County Kildare in August 2022. The sentencing was delivered at the Central Criminal Court, concluding a case that has unfolded over nearly three years.
The fatal incident took place on Dublin Road in Monasterevin, County Kildare, on the evening of 21 August 2022. During the altercation, Dylan McCarthy, aged 29, was attacked while on the ground. The court heard from the prosecution that Calvin Dunne, the primary accused, delivered a forceful kick to Mr McCarthy’s head while he was attempting to rise.
While initially described as a running kick, the presiding judge, Ms Justice Caroline Biggs, clarified upon reviewing CCTV evidence that the motion appeared to be a single-stride action that made contact with the victim’s head. Two eyewitnesses supported the prosecution’s account, describing the sound of the kick in vivid detail, comparing it to a loud thud akin to kicking a football or shutting a car door.
Despite Dunne’s claim that he acted in self-defence and that McCarthy had been involved in violence earlier in the night, the jury returned a verdict of not guilty of murder but guilty of manslaughter. Dunne was also convicted of violent disorder. He had denied both charges during trial.
Co-Accused Convicted on Separate Assault Charge
A second individual, Sean Kavanagh, aged 27, was also involved in the events of that night. During the trial, Kavanagh entered a guilty plea for a charge of assault causing harm to Dylan McCarthy’s father, Eamonn McCarthy. A separate charge of violent disorder was taken into consideration during sentencing.
Following this plea, and after a request by the defence, the jury was directed to find Kavanagh not guilty of Dylan McCarthy’s murder, a charge he had also denied. Kavanagh was ultimately sentenced to two years and two months in custody for the assault charge.
Medical and Legal Findings
According to the post-mortem examination conducted by State Pathologist Dr Heidi Okkers, Dylan McCarthy died due to traumatic injuries to the head and spine, caused by blunt force impact. However, it was not possible to establish whether the fatal trauma was the result of a punch or a kick.
During the sentencing hearing, the court considered various mitigating and aggravating factors. A probation report noted that Dunne demonstrated a clear understanding of his actions and was considered to pose a low risk of reoffending. It was also mentioned that he had no prior convictions and was regarded as a committed athlete and well-regarded in his community.
Sentencing and Rehabilitation Considerations
For the manslaughter conviction, the court established a headline sentence of nine years for Dunne. This was subsequently reduced to six years and nine months, with the final six months suspended for one year, conditional upon his continued rehabilitation. The violent disorder charge was formally taken into account during sentencing.
In Kavanagh’s case, the judge placed the assault within the higher bracket of mid-range offences, determining an initial sentence of 40 months. This was later reduced to two years and six months, with the final four months suspended for 12 months. The violent disorder element of the charge was similarly considered as part of the overall judgment.
