Student Culture

Is it any wonder no-one can live among them.

Friday 6 March 2009

STUDENT SENTENCED TO TWO YEARS’ DETENTION FOR MANSLAUGHTER

Summary of Judgment

Mr Justice Hart, sitting today in Belfast Crown Court, imposed a sentence of two years’ detention on Ciaran Laverty, aged 19, for the manslaughter of Aaron Montgomery outside the Skye nightclub in Belfast on 15 February 2008.

Aaron Montgomery (aged 23) was standing outside the nightclub with his brother and his friend. A large number of people were leaving the bar at this time and there was some congestion in and around the doorway. Ciaran Laverty was head-butted and was mistakenly told by his friend that it was Aaron Montgomery who had attacked him. Mr Laverty then punched Aaron Montgomery on the side of the head or neck and he fell to the ground. The court heard that such a blow can cause very rapid death.

Mr Laverty remained at the scene and was arrested by police. He expressed remorse and regret for has actions immediately and pleaded guilty at the first opportunity. Mr Laverty had no previous convictions. The court heard a number of testimonies about his previously excellent character - at the time of the attack he was a first year student at Queen’s University. He told the court that in the course of the evening he had drunk ten bottles of beer, two pints of beer and a cocktail.

Mr Justice Hart was provided with victim impact statements from Aaron Montgomery’s parents, brother and sister and other relatives. He said that they “eloquently and movingly expressed the acute loss and deprivation each has suffered as a result of Aaron’s sudden and unnecessary death”.

The judge accepted that Mr Laverty’s conduct that night was out of character. He said that Mr Laverty was “an able and intelligent young man of hitherto excellent character”:

“Sadly the reason for his behaviour is all too familiar with cheap alcohol readily available and large numbers of drunken young people spilling onto the streets when pubs and night clubs close. The events of this night were brought about by the combination of heavy drinking and a mistake on [Ciaran Laverty’s] part as to who had earlier assaulted him”.

Mr Justice Hart noted that a custodial sentence will clearly have a severe effect on Mr Laverty and his future but said that “it has to be remembered that his conduct brought about the death of a young man of blameless character who had done nothing whatever to provoke this unjustified attack which it appears was because of a case of mistaken identity”.

He sentenced Ciaran Laverty to two years’ detention.

NOTES FOR EDITORS

1. The full judgment is available on the Court Service website (www.courtsni.gov.uk).

2. The Court of Appeal in Northern Ireland in the case of R v Ryan Arthur Quinn [2006] NICA 27 held that the proper range of sentence in this type of case on a plea of guilty falls between 2 and 6 years’ imprisonment.

ENDS