Self-confessed killer Rhys Magee, who kicked his victim so hard he thought he 'broke his foot', must serve at least 10 years of his life sentence for the murder of Newtownards man Richard Miskelly.
Mr Justice Colton told the 20-year-old father of one, the "tragic pointless and traumatic death" of 24-year-old Mr Miskelly has had a profound impact on his family, whose "lives have been irreparably damaged ... and will resonate with them for the rest of their lives."
The Downpatrick Crown Court judge, sitting in Belfast's Laganside Courthouse, also told Magee "I can only hope that the defendant, as he reflects upon his actions which caused Richard's death, will understand the extent of the damage he has caused."
However, later in his judgment Mr Justice Colton added that while Magee may not have intended to caused the death of Mr Miskelly, it was a clear case of murder.
And he told Magee that "he will have had to confront the uncomfortable truth about this conduct, which was so reprehensible and unnecessary. He will have to face the consequences of his actions for the remainder of his life."
The Judge also said that given Magee's guilty plea and expression of what he had taken as his "genuine remorse", he was entitled to a reduction in the sentence.
He said the 10-year tariff, the equivalent of a 20-year determinate sentence, was the minimum term he will serve before his case may be referred to the Life Sentence Review Commissioners for consideration.
Magee from Carrowdore Road in Newtownards, pleaded guilty and was sentenced to life in January for the murder of Mr Miskelly outside a friend's home on the town's Bangor Road in the early hours of February 26 last year.
Last month the court heard Magee was high on a cocktail of drink and the drug Ketamine when he launched his fatal attack, but initially claimed he'd just arrived at the scene and had tried to help the unfortunate Mr Miskelly.
A defence lawyer said a remorseful Magee had taken the drug Katamine, which experts recognised could cause even patients to suffer side effects of violent and aggressive behaviour and to act in an irrational ways.
The earlier the court heard that Magee and a friend returned to his friend's house in the early hours to find Mr Miskelly and his friend in the kitchen. Not knowing them, and unaware, they had been at an earlier party, they were ordered to leave.
However, when they were spotted in the driveway some ten minutes later, Magee carried out the first of two attacks.
Although Magee attempted to distance himself from what happened, initially telling police he had just arrived at the scene in a taxi and came across Mr Miskelly lying on the ground, a "shocked" Magee had also attempted to revive him.
However, despite his efforts and those of ambulance crews, Mr Miskelly died without regaining consciouness. A post mortem later revealed death was due to a bleed on the brain caused by blunt force trauma to the head.
Richard Miskelly's father's statement:
After the sentencing Richard Miskelly senior spoke of his sense of loss and disbelief.
"Richard was my only son and we were very close. We were in touch every day. I either saw him in person or talked to him on the phone.
“We had a lot of interests in common, including football, cars and motorbikes. He was involved in the Killinchy scrambling club and I had bought Richard a motorbike to fix up and work on, but he never got to find out about it.
“On the morning I was told my son had been murdered, my whole life was turned upside down. It felt like a bad dream. Part of my life is missing and nothing is going to bring Richard back.
“I wanted it to be me, not him, lying in the mortuary. I was shaking and angry with so many emotions I can’t explain. My beautiful son was nearly unrecognisable.
“I wished I was the one lying in the laneway, not Richard. My baby boy, lying there… I couldn’t breathe, I felt wounded like someone had ripped my heart out.
“After Richard’s death, we visited his grave every day. I built a memorial to him where he died and I still visit it regularly too.
“The first time I saw the person accused of murdering my son, I started to shake and break out in a sweat. There are no words to describe how I felt. I also found court very difficult because he has never shown any emotion or said ‘sorry’.
“Rhys Magee will always have a life, and see and speak with his family. On the other hand, I have no son to speak to, only a grave to visit. I will never again see my son smile or laugh; I will never see him get married or start a family.
"I have not yet grieved for my son. I have lost him and it has left a huge hole in my life. It will never get easier or go away. My life will never be the same again.”
Reaction from the PSNI:
Detective Inspector Ian Davis said Richard Miskelly's family had lost a "much loved only son, brother and friend" to an "unprovoked and violent attack".
The imprint of Rhys Magee's sole was "clearly visible on Richard Miskelly’s scalp" at postmortem, he added.
“The sad events which led up to Richard’s death were as a result of a young man’s actions who had consumed alcohol and drugs in what had been an enjoyable evening out with friends. This young man will hopefully come to understand the consequences of his actions on that day as he spends the next number of years in prison."
DI Davis offered his sympathies to the Miskelly family.
“The Miskelly family are thankful for today’s outcome and would ask for privacy from the media to allow them to try to begin the process of properly grieving for Richard and come to terms with how they will continue family life without him.”
