Breifne O’Brien moves to appeal deception sentence

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Breifne O’Brien moved to appeal his seven-year prison sentence for deception on 15 November 2015. The proceedings were reported on 16 November 2015.

He had pleaded guilty at Dublin Circuit Criminal Court to 14 sample counts of making a gain or causing a loss by deception involving about €8.5 million. The offences covered the period between 2003 and 2008 and involved inducing others to advance money for bogus property investments. Judge Patricia Ryan sentenced him to seven years in prison on 8 October 2014.

The appeal argued that the judge had inadequately addressed the public interest in rehabilitating him. Patrick McGrath SC, for O’Brien, said she had given insufficient weight to his lack of previous convictions, guilty plea, remorse and co-operation. He said her comments contained no reference to his family circumstances or loss of social standing, and argued that his public humiliation should have been taken into account.

Mr McGrath also argued that O’Brien’s attempts at restitution should have been considered. He drew attention to a newspaper report suggesting an asset might achieve a higher value than initially believed.

Kerida Naidoo SC, for the Director of Public Prosecutions, said €8.5 million had been stolen and about €420,000 returned. He said O’Brien appeared to have made efforts for a larger amount to be repaid, but no further restitution had been made. He acknowledged O’Brien’s fall in circumstances, while arguing that his former position rested on stolen money and his lifestyle would inevitably collapse once his crimes were uncovered.

Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice John Edwards, said the court would reserve judgment and deliver it as soon as possible.