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Taximan killer will now spend longer in jail

THE Court of Criminal Appeal (CCA) has set aside the sentence handed down to a young mother of two for her role in the fatal stabbing of a Dublin man two years ago, on the grounds that the "totality" of the term imposed was unduly lenient.

Lindsay Fahy (26) was jailed for seven years with three suspended after she was found guilty of the manslaughter of taxi driver Mark Smyth on March 18, 2008.

The CCA, with Mr Justice Joseph Finnegan presiding sitting with Mr Justice Daniel Herbert and Mr Justice Peter Charleton, held that a term of seven years with one year suspended, was "a more appro- priate"sentence in the circumstances.



Injuries

Fahy with an address in the Linnetsfield Square in Clonee, Co Meath but originally from the Blanchardstown area, inflicted a single knife wound to Mr Smyth who subsequently suffered over 70 injuries in a "vicious attack", witnessed by his partner and baby son.

Fahy's former partner, Carlos Byrne (24) was found guilty of the man's murder.

The court heard that on the day the attack was "unleashed", Mr Smyth drove to Fahy's home with his partner and their young son. He picked up Fahy and Byrne who asked to be driven to where Fahy's family lived. Both were armed with identical kitchen knives.

When Mr Smyth stopped his taxi, Fahy "nicked" him in the neck with the knife.

Carlos Byrne "simultaneously" began stabbing the victim and continued to attack him after he got out of the car.

The court heard there was evidence put forward during Ms Fahy's trial that she struck Mr Smyth with her stiletto heel.

There was also evidence given that Fahy "egged" Byrne on by shouting "kill him", but that at another point she urged him to end the attack.

Mr John Aylmer, for the DPP, argued before the appeals court that the sentence imposed on Fahy was unduly lenient.

He said the trial judge failed to attach sufficient weight to the gravity of the offence and had made no reference in sentencing to the fact Fahy had armed herself with a kitchen knife in a "premeditated" fashion.

Counsel for Fahy, Caroline Biggs, urged the court to let the sentence stand, and said it was accepted the injury inflicted by her client was not a fatal wound.

The court ruled that the "totality of the sentence" did not represent "the seriousness" of the offence.

hnews@herald.ie


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