SENTENCING STATEMENTS
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Read more about victims of crime and sentencing.
HMA v Stephen Kelly
May 28, 2025
On sentencing, Lady Hood said:
"Stephen Kelly, on 25 April 2025, at a trial diet, you pled guilty to Charge 2 on the indictment, which was the charge of murdering Christopher McMahon, and you are convicted in terms of that plea. Your attack on Christopher McMahon on 4 October 2023 was brutal, sustained and deadly. You inflicted stab wounds with a knife or similar instrument, struck him on the head with a bottle, and repeatedly stamped on his head causing blunt force trauma injuries. Disturbingly, you poured bleach or a similar substance into Mr McMahon’s mouth – behaviour which you remain unable to explain. Although you admitted to the police after your murderous attack what you had done, you showed no remorse at all.
Victim Impact Statements have been prepared by Christopher McMahon’s family. They describe Mr McMahon as a loving man, with contagious energy, and a full life ahead of him. His family’s extreme distress and grief is obvious, as they explain how their lives have been ripped apart. No sentence which I impose will be enough to help Christopher McMahon’s family with their loss.
Stephen Kelly, your background circumstances are set out in a detailed Criminal Justice Social Work Report (CJSWR), the terms of which I take into account. You are 29 years old. You acknowledge that you grew up in a loving home. However, from the time of your father being diagnosed with a serious health condition in 2020, you experienced worsening mental health, and you were diagnosed with a number of mental health conditions in 2022 and have experienced significant mental health difficulties in recent years. You recognise that you were also associating with a negative peer group, and drinking alcohol to excess. Your employment history has been limited – in recent years, not only because of your mental health difficulties, but also because of your use of alcohol and drugs. You say that you have managed to maintain abstinence from drugs, and manage your alcohol use. I have listened too with great care to the submissions in mitigation advanced this morning on your behalf by Mr Goddard KC, and have taken these into account. It is your position that you allege that you were bullied by Mr McMahon, and that on the day in question remarks were made to you regarding your father. I do take into account that a medical examination found that you had significant injuries, which could have been sustained during an altercation with Mr McMahon. However, you told the author of the CJSWR that, having reflected during your time on remand, you now accept full responsibility for commission of the offence, which you deeply regret.
You have 4 groups of previous convictions, as well as one conviction on indictment which post-dates this offence. Your convictions include ones for assault to injury or severe injury, and although your record could be said to be relatively limited when compared with the criminal records of some of those who come before these courts, it does show a concerning escalation over recent years.
As you understand, the sentence for murder is prescribed by law and is a life sentence. I therefore sentence you to imprisonment for life. I am obliged to fix a period of time which you must serve in custody before being considered for parole. In fixing this period, known as the punishment part, I must reflect the need to punish you for the crime of murder and to deter you and others from committing murder. In fixing the punishment part, the law requires me to ignore the risk that you may pose to the public in the future.
Having regard to the whole circumstances, had I been sentencing you after a trial, I would have specified a punishment part of 23 years (3 months of that to reflect that you were subject to an undertaking at the time of the offence). However, I must take into account the utilitarian benefit of your guilty plea and the timing of that. In acknowledgement of that, I will therefore fix the punishment part at 22 years. That punishment part will run from 9 October 2023, the date when you were first remanded into custody in respect of this offence. This does not mean that this is a sentence of 22 years. You are sentenced to life imprisonment and you will serve at least 22 years before you can be considered for release on parole. It will be for the Parole Board to decide when you will ultimately be released and they will have regard to the safety of the public in reaching that decision."