Courts / Cork / Report
Banned, drunk criminal who hit garda with stolen van and told judge to "f**k off" has sentence cut on appeal
Summary
John Paul O'Driscoll, 29, of Fairhill, was sentenced to 12 years in prison for a series of offences committed in April 2013, including burglary, unlawful vehicle taking, reckless endangerment and criminal damage. He was driving a stolen van while intoxicated, pursued by Gardaí from one end of Cork to the other, and collided with Garda Michael Twomey, throwing him from his motorbike and causing serious injuries. O'Driscoll's blood alcohol level was 244mg per 100ml. At the time of sentencing he was unemployed and living in a Simon Community hostel. He had 168 prior convictions and was disqualified from driving. On appeal, the Court of Appeal reduced his sentence to seven years and nine months, suspending the final 12 months on condition, and upheld a 35‑year driving disqualification. The appeal was based on the court's determination that the offence was reckless rather than intentional endangerment, and on procedural errors in the original sentencing. John Paul O'Driscoll pleaded guilty.
Who, what, where, when and why
What: Report matter: Banned, drunk criminal who hit garda with stolen van and told judge to "f**k off" has sentence cut on appeal. Charges or matters: 17 charges including burglary, unlawful taking of a van, reckless endangerment and criminal damage at various locations around Cork in April 2013. Procedural stage: appeal
When:
- April 2013 Incident
- 2017-03-20 Publication
Why: In order to incentivise rehabilitation the court suspended the final 12 months. CNI source report
Case subjects
Defendant
Charges: 17 charges including burglary, unlawful taking of a van, reckless endangerment and criminal damage at various locations around Cork in April 2013 (Admitted)
Plea: Guilty
Outcome: O'Driscoll successfully appealed his sentence today and was re-sentenced to seven years and nine months imprisonment with the final 12 months suspended on conditions. Mr Justice Sheehan said the critical factor in this appeal was whether or not O'Driscoll was sentenced on the basis of intentional endangerment as opposed to reckless endangerment.
Places mentioned
Topics
Burglary Road Traffic Stage Appeal Theft
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