Men who admitted causing death of Christopher Meli fail in bid to have jail terms reduced
Lee Smyth, 23, and Caolan Laverty, 21, were involved in the fatal attack on Christopher Meli in December 2015.
Judges in the Court of Appeal dismissed challenges to the sentences handed down for their roles in the assault on the 20-year-old victim
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Hide AdLord Chief Justice Sir Declan Morgan said: “The attack had clear elements of cowardice and defencelessness and was entirely consistent with the trial judge’s assessment of a revenge mission.
“It therefore qualifies as a case of substantial violence to the victim.”
Mr Meli was beaten by a crowd of up to 15 people in an area known as Doc’s Path in the Twinbrook estate.
Previous courts heard he had been knocked to the ground and repeatedly kicked amid a chaotic series of violent incidents among two groups of young people.
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Hide AdSmyth, whose address was given as HMP Maghaberry, and Lavery, of Belfast Road in Glenavy, both pleaded guilty to manslaughter.
With Smyth held to have played a leading role in the attack, he was given a nine-year sentence, half to be served in custody and the rest on licence.
Based on his involvement as a “secondary participant”, Laverty received a five-year term.
Both men appealed in a case where the guidance for manslaughter sentencing came under scrutiny.
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Hide AdBut the court held that Mr Meli was subjected to substantial violence while he lay on the ground.
Rejecting Smyth’s application, Sir Declan said: “He delivered multiple blows by punching and kicking him.
“He returned to punch him further when he was on the ground.
“His only substantial mitigating factor was his remorse.
“Given his age he must have realised the seriousness of what he was doing, so that his personal circumstances will not be strong mitigating factors.”
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Hide AdThe Lord Chief Justice acknowledged Laverty was under 18 at the time of the attack and acted under peer pressure.
His genuine remorse was weighed against aggravating factors of kicking the prone victim and “showing total indifference” to his plight.
Sir Declan added: “He also maintained a denial of his responsibility in his defence statement in January 2019 and cannot complain about the one year reduction for the plea. His appeal is dismissed.”