Courts / Limerick / Report
New sentencing guidelines for burglary as jail term is increased over fatal case
Summary
The Court of Appeal has increased the prison sentences of cousins Michael Casey and David Casey, who pleaded guilty to a series of burglaries, including an incident at the home of John O'Donoghue in Doon on August 27, 2015, where Mr. O'Donoghue collapsed and died. The original sentence of four-and-a-half years imprisonment, with the final year suspended, imposed by Judge Tom O'Donnell at Limerick Circuit Criminal Court in December 2016, was found to be unduly lenient following a review by the Director of Public Prosecutions. The Court of Appeal, led by Mr Justice George Birmingham, re-sentenced both men to seven years imprisonment, with the final eight months suspended. This decision was based on aggravating factors, including the pre-planned nature of the burglary spree, the ransacking of a dwelling, and the serious harm caused to the victim. The court also established new sentencing guidelines for burglary, categorizing offenses into mid-range and highest categories based on factors such as planning, violence, and previous convictions. The Caseys received concurrent terms for other related offenses, and the court emphasized the need for general deterrence in cases involving residential burglaries in rural areas.
Who, what, where, when and why
What: Report matter: New sentencing guidelines for burglary as jail term is increased over fatal case. 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
- 2018-04-26 Publication
Why: The court further suspended the final eight months of the sentence because the Caseys were being re-sentenced, rather than being sentenced at first instance, and that carried an additional hardship. 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.
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
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.
Places mentioned
- Court of Appeal
- Limerick
- Limerick Circuit Criminal Court
Topics
Burglary Stage Appeal Violent Crime
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