In court for sentencing of Boy A and Boy B for murder of Ana Kriegel. Mr Justice Paul McDermott about to deliver sentences.
Judge now talking of “dreadful circumstances” of Ana’s death.
It was a most difficult investigation for the @gardainfo team under Mark O’Neill, judge says. Pays tribute to them.
Says Ana had a precious right to life, a life she was living with energy.
The evidence given by Mrs Kriegel showed deep love Ana brought to entire family
“There is no solace for them in this process”
judge: the two boys bear responsibility for her murder. They must accept the consequences of their crimes
[don’t have time to attribute quotes, they’re all from Mr Justice McDermott]
There is a fundamental difference in sentencing an adult compared to a child
There is no discretion for murder for an adult, there is for a child
Judge says average life term served for an adult is now 18 years.
Average time served indicates some serve less, some serve more.
Most adults convicted of murder are likely to be returned to the community at some stage
Judge now discussing principles of sentencing.
Quotes another judge saying sentencing must be proportionate to victim and offender.
There is an entirely different statutory regime for children convicted of murder.
The court nust have regard to the level of culpability of the child
Says law states children are to be detained, not sentenced.
Court has power to order an indeterminate detention period, which it can later review/end.
Supreme Court has backed court’s right to hand down indeterminate sentences, he says.
Judge says there is the power to detain a child convicted of murder for life.
Says there is no remit to suspend parts of detention order for a child
But court can irder detention AND then supervision, with supervision phase in the community.
Judge says boys will be transferred to an adult prison once they reach age of 18. He hasn’t handed down the sentence of detention yet. Boys are 15 now.
Judge says sentencing CAN have a punitive element, among other elements
Says sentencing of boys must have cosgnisance of many factors inclduing gravity of the offence “and the dreadful reality that a child’s life has been taken”.
The question of the danger posed by them to others is a relevant factor in deciding when they should be released. Says it is a multi faceted decicision (sentencing).
Judge explains law says a child can normally not be detained for more than three years. But on indictment, as in murder, there is power to hand down a longer detention period, but reasons must be given.
In imposing a sentence on a child, age is a major mitigating factor.
A personality of a child or teenager may not have fully developed
Children - in some circumstances- may be regarded as less blameworthy than an adult.
There may be capacity for a child to change, despite awfulness of crime. But the crime cannot be ignored.
Says there is nothing to suggest any mental health issues for both boys.
They understood the consequences of their actions
Says murder of Ana was shocking and devastating to family and friends. Also had an effect on people around the country
It was a murder of the most serious and shocking type
Judge now recapping on events of day of murder.
Boys’ ages underscore a problem facing society and court: what is to be done with them?
Boy A has no previous convictions, comes from a law abiding family. Family appalled and shocked by these events. No history of mental health issues
Now admits responsibity for Ana’s death; denies sexual assault
Judge not satisfied boy a has been fully truthful
It is clear that she was not in any real position to defend herself from Boy A, but she tried.
Judge says Boy a has devastated the Kriegel family and his own
Says Boy A’s family has been abused - judge says this is wrong and should stop.
Says there are many aggravating factors in Boy A. Attack was prolongued, callous and brutail. There was no one to come to her aid
The mental terror and physical pain inflicted on Ana by Boy A was of a vety high degree. Says sexual assault was degrading.
Now on Boy B.
Comes from a decent family. Family has suffered. Judge also calls for abuse of Boy B’s family to stop.
Says Boy B doesn’t accept verdict of jury. Family support him in that.
Says Boy B is ashamed he did not help Ana.
Number of aggravating features re Boy B. Jury found him guilty of murder. Jury concluded he knew Boy A was going to kill Ana. Watched as Boy A stripped and assaulted her.
Aggravating features: age of Ana. Knew she was going to be killed. He called for Ana. Agreed to bring her to house. Tricked her that Boy A was interested in her. Maintained a false demeanour with her on walk to house.
He covered up his role by lying to gardai and family. He is an intelligent boy. Naive to think lies would not be found out.
No evidence he knew of Boy A’s plan to sexually assault Ana, or took part in it.
Boys must be subject to a lengthy period of detention.
Re Boy A: murder was planned and accompanied by serious sexual assult
BREAKING: Judge says Boy A bears an enormous level of culpability. Says attack was ferocious. He is satisfied that a life sentence should be handed down to him. But it will be reviewed.
Judge says initial sentence will be fixed for 12 years. Then reviewed
MORE: Sentence for Boy A for aggravated sexual assault is 12 years.
Onto Boy B now.
Judge says Boy B sought to deceive gardai.
Says his case is different to Boy a
BREAKING: Boy B detained for 15 years, with review after eight years.
Sentences to start from date of conviction
Judge continues order for nothing to identify boys. That continues when they are over 18.
Boy A is also on sex offenders’ register.
I was in the overflow court, so couldn’t see the boys’ reactions. Am told there wasn’t much.
Proceedings now concluded.
Proceedings now concluded.
