The Court of Appeal has dismissed Noel O’Shaughnessy’s appeal against the severity of a six-year cumulative prison sentence for offences involving five premises and five injured parties in Killarney. The sentence included a final 12 months suspended on conditions.
The judgment, delivered ex tempore by Mr Justice Edwards on 29 January 2024, concerned guilty pleas to possessing stolen property, attempted burglary, two burglaries and entering a property’s curtilage with intent to commit an offence. The original sentence was imposed by the South Western Circuit Criminal Court sitting in Tralee on 14 March 2023.
The Court of Appeal heard that a stolen credit card was used for purchases totalling €57.35 after an American couple’s belongings were interfered with at their temporary accommodation. CCTV showed O’Shaughnessy using the card. In a separate incident, footage showed him trying to break into a fish shop with a large knife; an employee interrupted the attempt. The damage cost the owner €1,500.
Two businesses were burgled on 20 August 2022. €925 was taken from a barber shop, where fingerprints matched O’Shaughnessy. At a tour coach business, €600 and an old coat were stolen; the coat had belonged to the victim’s late father. Blood found on broken glass at that premises matched O’Shaughnessy’s DNA. The court also considered a later attempt to open the door of the couple’s accommodation with keys. He did not gain entry.
The sentencing judge imposed individual terms ranging from four months to two years after reductions for the guilty pleas and mitigation. She ordered consecutive terms for the attempted burglary and the two burglaries, and took the final count into consideration, producing the six-year total with the final year suspended.
For the appeal, counsel argued that the sentencing judge had not properly applied the totality principle and that the overall sentence was disproportionate, given that most offences did not involve homes and were opportunistic. The Court of Appeal rejected that argument. It said a reduction is not required automatically whenever sentences run consecutively; it is needed where the aggregate would be crushing. The court found this sentence was neither crushing nor disproportionate, taking account of O’Shaughnessy’s 234 previous convictions, including 33 for burglary and 65 theft-related convictions.
The court acknowledged his substance-use history, cancer treatment and other personal circumstances, but said no connection had been shown between those circumstances and the offences. It found the sentencing judge had properly considered the relevant factors and dismissed the appeal.