Courts / Dublin / Report

Two-year jail term for violent burglar over gang attack too lenient, DPP argues

Summary

The Court of Appeal has reserved its judgment in an appeal by the Director of Public Prosecutions (DPP) regarding the sentence of Donal O'Hara. O'Hara, 26, pleaded guilty at the Special Criminal Court to assaulting John Roche and falsely imprisoning Martin Byrne at The Towers, Saggart, on June 9, 2015. He was sentenced to four years imprisonment, with the final two years suspended. The DPP argues this sentence is "unduly lenient," with counsel Shane Costelloe SC describing the incident as a "gang of thugs accosting" the victim and characterizing O'Hara as "muscle." Defense counsel Michael O'Higgins SC argued that O'Hara's prompt guilty plea warranted elevated status and distinguished his role from other participants. Those included Dessie O'Hare, who pleaded guilty to the same offences and is awaiting sentence; Declan Duffy, who pleaded guilty and was sentenced to six years imprisonment; and Daniel Kane, who pleaded guilty and received five years imprisonment with the final year suspended. The court, presided over by Mr Justice George Birmingham, heard that Duffy's sentence was "capped" at six years. The matter remains adjourned pending the court's decision on whether to increase O'Hara's term.

Who, what, where, when and why

What: Report matter: Two-year jail term for violent burglar over gang attack too lenient, DPP argues. Charges or matters: assaulting John Roche, causing him harm, at The Towers, Garter Lane, Saggart, County Dublin on June 9, 2015; assaulting Mr Roche, causing him harm, and falsely imprisoning Mr Byrne on the same occasion; the same offences and was sentenced to six years imprisonment on January 29, 2018; the same offences and was sentenced to five years imprisonment with the final year suspended on April 27, 2018. Procedural stage: appeal

When:

• June 9, 2015 Hearing Or Sentence
• July 31, 2018 Incident
• January 29, 2018 Incident
• April 27, 2018 Hearing Or Sentence
• 2019-02-22 Publication

Why: In 2013, O'Hara was one of seven men who travelled from Dublin in convoy in order to commit a burglary at the home of a family in a cul de sac, in a rural area outside Killenaule, south Tipperary. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report