Court archive

Portlaoise Circuit Criminal Court

2017-02-09 · Laois

Prisoner who claimed ex-garda inmate "requested" assault loses appeal

Gerard Brown, 34, was convicted by a jury at Portlaoise Circuit Criminal Court of assaulting fellow inmate Stephen Cooper in the Midlands Prison on 20 May 2014. Brown was sentenced to three years imprisonment, consecutive to a term already being served. Brown appealed the sentence, arguing that the offence was committed in prison and that the judge had double‑counted aggravating factors. He also claimed that Cooper had consented to the assault, having requested Brown to attack him to facilitate Cooper's early release on safety grounds, and that Cooper had agreed to provide Brown with documents, information and €1,000. Cooper denied any consent or agreement. The Court of Appeal, with Mr Justice Alan Mahon presiding, dismissed the appeal, holding that the sentence was not unduly harsh and that the fact the offence occurred in prison should not have been treated as an aggravating factor. The appeal was dismissed by the Court of Appeal.

2017-01-31 · Laois

Prisoner claimed ex-garda inmate requested to be assaulted

In 2014, Gerard Brown, aged 34, assaulted fellow inmate Stephen Cooper in the Midlands Prison. Cooper, an ex‑garda serving a fraud and perverting the course of justice sentence, was being escorted to the gym when Brown struck him on the head with a mug hidden in a sock. Brown admitted the assault but claimed Cooper had asked him to do it to help orchestrate Cooper's early release on safety grounds, and that Cooper had agreed to provide documents, information and €1,000 in return. Cooper denied any consent or agreement. Brown was convicted by a jury at Portlaoise Circuit Criminal Court and sentenced to three years' imprisonment, consecutive to his existing term. He has appealed the sentence, arguing the judge erred in treating the offence as aggravated because it occurred in prison, and that the consecutive sentencing provisions were a "double loading." The Court of Appeal has reserved judgment on the appeal.

2016-10-24 · Laois

Drunk driver who caused death of four-year-old boy has jail term cut on appeal

Finbarr O'Rourke, 41, of Laurel Drive, Portlaoise, pleaded guilty to dangerous driving causing the death of four‑year‑old Ciarán Treacy and severe injury to his mother, Gillian Treacy, in an April 2014 collision on the R419. He was originally sentenced to seven‑and‑a‑half years imprisonment by Judge Keenan Johnson on 3 November 2015. On appeal, the Court of Appeal re‑sentenced him to eight years imprisonment, with the final two years suspended, citing his genuine remorse, early guilty plea and cooperation with Gardaí. The suspended portion was intended to encourage rehabilitation. The court also reaffirmed a twenty‑year driving disqualification. The decision was delivered by Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan. The appeal reduced the custodial term by 18 months, leaving O'Rourke to serve six years and one month in custody. The case remains a tragic reminder of the consequences of drunk driving.