Man who stabbed friend nine times jailed for two years

Sonya Mclean

A man whose mess fight with a childhood friend took “a darker turn” when he grabbed a bottle and then a knife has been jailed for two years and three months.

Frank Kelly (40) and his friend Darren Sherlock had been out socialising together before they returned to Kelly’s home, where they continued taking alcohol and drugs.

At the house, Kelly suggested they have a fight, and Mr Sherlock set up his phone to record it.

Aideen Collard BL, prosecuting, told the court that the pair would regularly engage in “mess fighting” so this was not unusual.

She said on this occasion, both Kelly and Mr Sherlock “traded a few digs”, but the fight escalated and Kelly grabbed a bottle of whiskey before he struck the victim with it.

Garda Diane Byrne told Ms Collard that Kelly then took a knife and told Mr Sherlock, “I am going to get a knife and stab you to bits”.

Ms Collard said Mr Sherlock can be heard on the footage pleading with Kelly to stop and can be heard saying the word “stop” 36 times.

Kelly attacked him with the knife, causing nine stab wounds to Mr Sherlock. The court heard that Mr Sherlock can be heard saying “I am dying bro” while Kelly says “you’re dead”.

Mr Sherlock ultimately escaped from the apartment and ran down the road where he collapsed. Homeowners nearby come to his assistance and an ambulance and gardaí were called to the scene.

The footage also shows Kelly returning to his home to clean up after Mr Sherlock leaves.

Ms Collard said that Mr Sherlock was later treated in hospital for nine superficial stab wounds to his back, although when he first arrived, medical staff suspected he had a punctured lung.

Kelly of Mulroy Road, Cabra pleaded guilty at Dublin Circuit Criminal Court to assault causing harm to Mr Sherlock in Cabra, Dublin on January 29th, 2022.

The footage that was recorded on Mr Sherlock’s phone was played to the court.

Judge Martin Nolan said, from the footage, it was clear that it began with “grappling, pulling, shoving and wrestling, but then things took a darker turn”.

“It seems he became very angry,” Judge Nolan said, referring to Kelly striking the victim with a bottle.

“That was not enough for him, he procured a knife and stabbed him nine times,” the judge said.

He said thankfully the stab wounds “were not too deep and too dangerous” and the victim has made a full recovery from those wounds and is “getting on with his life”.

“It started off legal and then it became criminal, simple as that,” Judge Nolan commented.

He acknowledged that Kelly had “very strong mitigation”, acknowledging his guilty plea, co-operation and long history of work.

Judge Nolan said that Kelly was “an accomplished man”, referring to his six years spent in the army, and said he was satisfied that he was “unlikely to re-offend to this degree in the future”.

He said he cannot accede to a defence application not to send Kelly to prison.

“When he picked up that bottle it escalated, it went beyond a non-custodial position when he picked up the knife,” Judge Nolan said before he sentenced Kelly to two years and three months in prison, having set a headline sentence of four and half years.

Gda Byrne said that when Kelly was arrested and interviewed, he claimed he had been acting in self-defence.

He was later re-arrested after gardaí secured the recording of the attack. Kelly again maintained that he was acting in self-defence.

The court heard that Kelly has previous District Court convictions for road traffic offences.

Simon Matthews BL, defending, handed in a number of letters on behalf of his client from family members and a former colleague.

“The footage speaks for itself,” Mr Matthews said, calling it “a serious assault”.

He said it was “a mess fight” and with drink and drugs on board, it escalated.

Counsel acknowledged that Mr Sherlock can be heard screaming stop on numerous occasions, but he said Kelly did not stop.

He said Kelly spent six years in the army and served on two tours. He was discharged from the army on medical grounds after he dislocated his knee. He has been in full-time work since.

“He apologised for his actions,” counsel submitted.

Mr Matthews said his client, a father of two, has not been in contact with the victim since. He said Kelly is thankful that no further harm has been caused.