The Court of Appeal has quashed a 16-month sentence imposed on Darren O’Brien for threatening to kill or cause serious harm, finding it unduly lenient, and resentenced him to three years’ imprisonment, with the remainder suspended for three years on conditions.
The judgment, delivered by Mr Justice Hedigan on 3 October 2018, followed an application by the Director of Public Prosecutions to review the sentence under section 2 of the Criminal Justice Act 1993. O’Brien had pleaded guilty to three counts: producing a hatchet, threatening to kill or cause serious harm, and assault. At the original sentencing in June 2017, he received 16 months for the threat, backdated to 10 December 2016. The other counts were taken into consideration. The sentencing court made no order on an application to reactivate part of a suspended sentence imposed in an earlier case.
The offences arose from an incident at a house in Tallaght on 10 December 2016. The judgment records that O’Brien argued with a man at the house and later became angry with his partner after she called gardaí. She left the house with their children. Later, O’Brien pushed her and threatened to kill her while holding a hatchet raised in the air. Gardaí found the hatchet in a bed. O’Brien told gardaí he owned it and kept it for protection.
The Director argued that the original sentence did not properly reflect the seriousness of the offending, O’Brien’s 71 previous convictions, or the fact that the offences were committed while he was serving the suspended part of a four-year sentence imposed in 2014 for similar offending. The respondent argued that the sentence was appropriate given his circumstances and that the Director had not shown a substantial departure from the usual range.
The Court of Appeal said the 2014 sentence had little deterrent effect: O’Brien committed the new offence about eight months after his release, while the 18-month suspension remained in force. It also considered reports describing learning difficulties and mental health problems, his remorse and progress in custody, and the absence of similar incidents after his release in December 2017.
The court set a five-year headline sentence, reduced it to four years for mitigation and to three years to credit his early plea and remorse. Taking account of the time served and his conduct since release, it suspended the remainder of the three-year term for three years. The conditions are continued engagement with the Probation Service, compliance with its directions, and entering into a bond to keep the peace.