Judgment reserved in Casey cousins’ burglary sentence review

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The Court of Appeal reserved judgment in a review of the burglary sentences imposed on cousins Michael Casey and David Casey. The proceedings were reported on 14 December 2017.

Both men had pleaded guilty to a series of burglaries. These included a burglary at the home of John O'Donoghue in Toomaline, Doon, on 27 August 2015.

Mr O'Donoghue collapsed and died as he was about to confront the two intruders, who ran away without offering assistance. DPP counsel Thomas O’Malley said the men had not intended to harm anybody. David Casey’s counsel, Michael Bowman SC, said there was no evidence that the cousins deliberately walked past Mr O'Donoghue while he was having a fit or a heart attack; he argued that what happened after the incident could not aggravate the offence.

On 15 December 2016, Judge Tom O'Donnell sentenced each man at Limerick Circuit Criminal Court to four and a half years’ imprisonment, with the final year suspended. Michael Casey’s counsel, Vincent Heneghan SC, said the suspension was conditional on both cousins being of good behaviour for six years from the date of sentence.

The DPP sought a review on the grounds that the sentences were unduly lenient. Mr O’Malley submitted that the sentence for the O'Donoghue burglary was too low given the harm caused. Mr Heneghan argued that the suspension condition indicated the sentencing judge had measured the gravity of the offences.

Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court hoped to have a decision, if not a judgment, on Monday.