Man sentenced to over seven years in prison for manslaughter after street fight in Northampton

A man who pleaded guilty to killing 32-year-old Jack Birney has been sentenced to more than seven years imprisonment.

Marc Dowling, aged 26, of Wellington Street appeared at Northampton Crown Court on Thursday, December 1 after pleading guilty to manslaughter.

The court heard that Dowling was out drinking with Mr Birney and two other men on the night of April 22 earlier this year. Mr Birney went home at 2am but Dowling and the others continued to drink and take cocaine into the early hours of the morning.

Neil Bannister, prosecuting, said Mr Birney rejoined them again later that morning at a house in Cowper Street and joined in with the drinking.

The court heard that, at around midday, Dowling removed his hat and put it on Mr Birney’s head, which was intended as a joke.

Mr Birney, however, reacted in anger and pushed Dowling away from him before holding this throat - the court heard.

Mr Bannister said Dowling’s reaction was one of instant anger and he stood nose-to-nose with Mr Birney demanding why he did that.

The court heard that one of the other men took Dowling out of the house in a bid to calm him down but Dowling said that he should have hit Mr Birney for what he did and returned to the house.

CCTV footage played to the court showed Dowling banging on the door of the house and calling for Mr Birney to come out. Mr Birney then left the house shirtless and put out a hand to fend Dowling off.

The video then shows Dowling throwing seven punches at Mr Birney, who falls backwards and lands on the pavement with his head striking the ground and rendering him completely unconscious.

The court heard that Dowling walked away for three minutes whilst the other two men rushed to help Mr Birney. They described the victim as “snoring loudly” and thought he needed sleep.

Mr Bannister said Dowling then came back to help the other men carry Mr Birney into the house.

A postmortem revealed visible and deep bruising on Mr Birney’s eye sockets and the bridge of his nose that were consistent with three punches landing on him.

Medical evidence showed that the snoring was a sign of a catastrophic head injury - a fractured skull and heavy internal bleeding that caused a lot of irreversible damage to the brain and would prove fatal.

The court heard that Mr Birney was left on the sofa and it took them over four hours to call an ambulance.

Dowling left to play football and, on his way there, sent boastful tests to a friend saying: “I sparked out some doughnut, ringing an ambulance now,” and “He tried it because I put my hat on his head. Sent him to Mars.”

Dowling was subsequently arrested and, when interviewed, admitted that he lost his temper and went back to confront Mr Birney as he believed he was made to look foolish.

The victim died from his injuries two days after the assault on April 25, with his family by his side.

Jack’s brother Matthew, in a statement, said: “My older brother wasn't just my brother he was my best friend, we were inseparable, as children he was my hero.

“I’ve watched my family be destroyed from this. My poor mother is the shell of the woman she was. Me and Jack were my father’s world and to watch him be destroyed by this was utterly heartbreaking.”

“No punishment will ever be enough for me. I do not believe Mr Dowling meant to kill my brother. However, what makes me so angry is how long my brother was left after he was assaulted.

Matthew said: “This haunts me, how alone he was, I wish I could have been there for him. Anyone with morals would have called an ambulance straight away.”

Dowling has previous convictions for assault occasioning actual bodily harm, aggravated vehicle taking, disorderly behaviour and racially or religiously aggravated harassment.

David Nathan, in mitigation, said: “This young man did not die from a punch. He died because he fell to the ground and hit his head.”

The defence barrister said that this was a street fight, which is not uncommon and a death was not foreseeable.

The court heard that Dowling’s grandfather had passed away earlier this year, which pushed him to drugs and alcohol.

Mr Nathan said Dowling is genuinely remorseful and has found great difficulty coping with what he did. He, however, has always maintained that he never intended to kill or cause serious harm to Mr Birney.

The court heard that Dowling has used his time in prison to teach others to read and improve his education.

His Honour Judge David Herbert KC, sentencing, described Mr Birney as a “loving son and brother” with his own challenges but he was working to overcome them with the support of his family.

Judge Herbert said: “No sentence I pass today will reduce the grief and loss they will continue to feel for the rest of their lives.”

Addressing Dowling, he said: “It is clear from your body language that you returned to the scene looking for confrontation and violence.

“You were spoiling for a fight and refused to calm down.”

Dowling was sentenced to seven years and two months imprisonment.