The Court of Appeal set aside the sentence imposed on Rory O’Brien for five animal welfare and cruelty offences and resentenced him, suspending part of each prison term. It found that the sentencing judge should have considered suspending part of the sentence and had not given credit to mitigating factors beyond O’Brien’s guilty plea.
O’Brien had pleaded guilty on a full facts basis to five sample counts at Cork Circuit Court on 4 February 2015. The charges arose from offences alleged between 3 May and 8 September 2011. He had originally faced 32 counts: three concerning pig welfare, two concerning failure to comply with a welfare notice, and 27 of cruelty under the Protection of Animals Act 1911. Similar charges against his wife and an employed nominated herd keeper were withdrawn after O’Brien and the co-defendants offered pleas to the sample counts.
The five counts included failures to take necessary steps to ensure the welfare of pigs in his care, failure to comply with a welfare notice dated 7 June, and three cruelty offences involving pigs and a boar. The Circuit Court imposed 18 months’ imprisonment on the welfare and notice counts and 12 months on each cruelty count, all to run concurrently from 12 February 2015.
The appeal court rejected O’Brien’s arguments that the sentencing judge had wrongly considered material beyond the individual counts. It said the full facts pleas allowed the prosecution to explain the wider background. It also found no error in the judge’s not obtaining a probation report, noting that no report had been sought and no adjournment requested.
However, the appeal court said O’Brien’s age, previous good character, work history and community contributions warranted consideration as mitigating factors. It noted evidence that he had been under considerable pressure, was effectively bankrupt and struggling to wind down his business. The court also heard that he had actively engaged with programmes while in prison and had no disciplinary issues.
The court said a custodial sentence remained necessary. It left the 18-month terms in place on the two welfare counts but suspended the final six months of each. It suspended the final four months of each 12-month cruelty sentence. All terms were made subject to a bond to keep the peace and be of good behaviour for two years from 24 July 2015.