Courts / Dublin / Report

Violent burglar has sentence increased over attack led by Dessie O'Hare

Date
2019-04-12

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

An appeal has led to an increased prison sentence for Donal O'Hara, who was involved in a violent attack led by Dessie O'Hare. O'Hara, 27, of Glin Park, Coolock, pleaded guilty to assaulting John Roche, causing him harm, and falsely imprisoning Martin Byrne on June 9, 2015. He was initially sentenced to three years imprisonment with the final year suspended on July 31, 2018. However, the Court of Appeal found the sentence 'unduly lenient' and re-sentenced O'Hara to four years imprisonment with the final year suspended, increasing his jail term by 12 months. Dessie O'Hare, 62, of Slate Rock Road, Newtownhamilton, County Armagh, also pleaded guilty to the same offences and was jailed for seven years. Daniel Kane, 29, of Hollycourt, Ballybrack, County Dublin, pleaded guilty to the same offences and was sentenced to five years imprisonment with the final year suspended on April 27, 2018. Hannover Street West, also pleaded guilty to the same offences and was sentenced to six years imprisonment on January 29, 2018. The appeal was brought by the Director of Public Prosecutions, who argued that the original sentence was too lenient given the severity of the offences and the context of the attack.

Who, what, where, when and why

What: Report matter: Violent burglar has sentence increased over attack led by Dessie O'Hare. Charges or matters: assaulting John Roche, causing him harm, at The Towers, Garter Lane, Saggart, Co 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 Incident
July 31, 2018 Incident
January 29, 2018 Other
April 27, 2018 Other
2019-04-12 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

Daniel Kane

Convicted Person

Charges: the same offences and was sentenced to five years imprisonment with the final year suspended on April 27, 2018 (Admitted)

Plea: Guilty

Outcome: Mr Justice Birmingham, who sat with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, re-sentenced O'Hara to four years imprisonment with the final year suspended, thus increasing his jail term by 12 months.

Dessie O'Hare

Convicted Person

Charges: 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 (Admitted)

Plea: Guilty

Outcome: O'Hare, also known as "The Border Fox" was jailed for seven years on Thursday.

Donal O'Hara

Convicted Person

Charges: assaulting John Roche, causing him harm, at The Towers, Garter Lane, Saggart, Co 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 (Admitted)

Plea: Guilty

Outcome: O'Hara was sentenced to three years imprisonment with the final year suspended, by Mr Justice Tony Hunt, presiding at the three-judge court, on July 31, 2018. Mr Justice Birmingham, who sat with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, re-sentenced O'Hara to four years imprisonment with the final year suspended, thus increasing his jail term by 12 months.

Hannover Street West

Convicted Person

Charges: 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 (Admitted)

Plea: Guilty