Courts / Limerick / Report

Residential burglary should be treated as a "special case", appeal court told

Date
2018-02-19

Stage
Appeal

Primary locality
Doon

Summary

The Court of Appeal has remanded cousins Michael Casey and David Casey in custody until April 17, the date set for judgment on their appeal. Both men pleaded guilty to a series of burglaries, including an incident at the home of John O'Donoghue in Doon on August 27, 2015. Mr O'Donoghue collapsed and died while confronting the intruders, who fled without assistance. In December 2016, Judge Tom O'Donnell at Limerick Circuit Criminal Court sentenced both to four-and-a-half years imprisonment, with the final year suspended. The Director of Public Prosecutions sought a review, arguing the sentences were unduly lenient. Counsel Thomas O'Malley BL submitted that the men targeted four properties and entered three, noting David Casey was on bail at the time. While it was not alleged that the Caseys directly caused Mr O'Donoghue's death, a causative link was identified. The DPP urged the court to treat residential burglary as a "special case" due to its severe social impact. The three-judge panel, comprising Justices Birmingham, Mahon, and Edwards, found the original sentences unduly lenient. As the Caseys are due for release in mid-April, days before the judgment, the court ordered them to remain in custody until the decision is handed down on April 17.

Who, what, where, when and why

What: Report matter: Residential burglary should be treated as a "special case", appeal court told. 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
April 17 Incident
2018-02-19 Publication

Case subjects

Cousins Michael Casey

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.; Accordingly the court remanded both men in custody to that date.

David Casey

Appellant

Charges: a series of burglaries, including one at the home of John O'Donoghue at Toomaline, Doon, on August 27, 2015 (Admitted)

Plea: Guilty