Courts / Cork / Report

Victim asked that heroin addict robber not be jailed

Date
2016-10-18
Stage
Appeal
Primary locality
Cork
County
Cork

Summary

Trevor O'Donoghue, 34, pleaded guilty to robbing €750 from a 61‑year‑old man at Cork City Bus Station on 29 June 2014. The original sentence was five years' imprisonment with the last 18 months suspended. On appeal the Court of Appeal reduced the term to four years' imprisonment, with the final 18 months still suspended, after finding the Circuit Court had incorrectly been told O'Donoghue had a prior conviction he did not possess. The victim, who used a walking stick, did not give a victim impact statement and asked that O'Donoghue not be sent to jail. O'Donoghue's associate, who was present that night, had died of heroin before the case reached court. The appeal judge noted O'Donoghue's history of drug use and his efforts to address his addiction while in prison. The final sentence remains four years' imprisonment with 18 months suspended.

Who, what, where, when and why

What: Report matter: Victim asked that heroin addict robber not be jailed. Charges or matters: robbing €750 from the man at the Cork City Bus Station on June 29, 2014. Procedural stage: appeal

When:

Why: Once the judge decided not to open the matter, "it was proper for us to do so" because O'Donoghue could well have a sense of grievance believing the conviction wrongly attributed to him could have left him with a higher sentence. CNI source report

Case subjects

Trevor O'Donoghue

Appellant

Charges: robbing €750 from the man at the Cork City Bus Station on June 29, 2014 (Admitted)

Plea: Guilty

Outcome: He was subsequently sentenced to five years imprisonment with the final 18 months suspended at Cork Circuit Criminal Court. Mr Justice Sheehan, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, re-sentenced O'Donoghue to four years imprisonment with the final 18 months suspended.

Places mentioned

Residence
Secondary Mention
Court Venue
  • Cork
  • Cork Circuit Criminal Court
  • Court of Appeal
Facility
  • O'Donoghue's prison

Topics

Drugs Stage Appeal

Related court reports

Read the original CNI report

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