Courts / Limerick / Report
3.5-year jail sentences imposed on men over "fatal burglary" too lenient, court finds
Summary
In a Court of Appeal hearing on 18 December 2017, the court found that the 4½‑year sentences imposed on cousins Michael Casey (34) and David Casey (23) for a fatal burglary at the home of 62‑year‑old John O'Donoghue were unduly lenient. The men had pleaded guilty to a series of burglaries, including the incident on 27 August 2015 when O'Donoghue collapsed and died as he confronted the intruders. Judge Tom O'Donnell had originally sentenced them at Limerick Circuit Criminal Court to four‑and‑a‑half years, with the final year suspended. The Director of Public Prosecutions appealed, arguing the harm caused, including the distress of O'Donoghue's sister who witnessed his death, warranted a harsher penalty. The three‑judge panel, led by Mr Justice George Birmingham, agreed and ordered a fresh sentencing hearing to be scheduled for January.
Who, what, where, when and why
What: Report matter: 3.5-year jail sentences imposed on men over "fatal burglary" too lenient, court finds. Charges or matters: a series of burglaries, including one at the home of John O'Donoghue at Toomaline, Doon, on August 27, 2015. Procedural stage: appeal
When:
- August 27, 2015 Incident
- December 15, 2016 Hearing Or Sentence
- 2017-12-18 Publication
Why: " Mr O'Malley said it was important to clarify that these were dwellings because of the constitutional protection that is afforded to the dwelling. CNI source report
Case subjects
Convicted Person
Charges: a series of burglaries, including one at the home of John O'Donoghue at Toomaline, Doon, on August 27, 2015 (Admitted)
Plea: Guilty
Outcome: Judge Tom O'Donnell sentenced both men at Limerick Circuit Criminal Court to four-and-a-half years imprisonment with the final year suspended on December 15, 2016. Counsel for Michael Casey, Vincent Heneghan SC, said the final year of the sentences were suspended on condition both cousins be of good behaviour for six years from the date of sentence.; The case was put back to January with a view to fixing a date on that occasion.
Convicted Person
Charges: a series of burglaries, including one at the home of John O'Donoghue at Toomaline, Doon, on August 27, 2015 (Admitted)
Plea: Guilty
Outcome: Judge Tom O'Donnell sentenced both men at Limerick Circuit Criminal Court to four-and-a-half years imprisonment with the final year suspended on December 15, 2016. Counsel for Michael Casey, Vincent Heneghan SC, said the final year of the sentences were suspended on condition both cousins be of good behaviour for six years from the date of sentence.; The case was put back to January with a view to fixing a date on that occasion.
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