The Court of Appeal dismissed Eddie O’Loughlin’s appeal against his conviction for aggravated burglary, but suspended the final 18 months of his 10½-year prison sentence for three years, subject to probation supervision and a €100 bond.
The ex tempore judgment, delivered by Ms Justice Kennedy on 20 January 2022, followed O’Loughlin’s guilty plea in Galway Circuit Court in February 2018 and his sentencing in January 2020. The appeal challenged both the conviction and the sentence.
O’Loughlin argued that the trial judge should have allowed him to withdraw his plea. In an affidavit, he said he had intended to plead not guilty but felt overwhelmed by advice about possible sentences, was under stress and had been taking Xanax or similar medication. He said he was heavily under its influence when he changed his plea. He also relied on an affidavit sworn by Jonathan King in 2019 denying that O’Loughlin had assaulted him.
The Director of Public Prosecutions argued that the plea was voluntary and that the plea-withdrawal application had been carefully considered. The appeal court said there was no medical evidence supporting the claims about O’Loughlin’s state of mind or medication on the day he changed his plea. It also found that King’s affidavit did not address the alleged entry into the house or possession of a weapon, and did not explain the blood evidence. The court concluded that the trial judge had exercised his discretion with due regard to the right to a fair trial. It dismissed the conviction appeal.
On sentence, the court upheld the trial judge’s 12-year headline sentence and the reduction to 10½ years for mitigation. It described the offending as serious, noting the presence of children, a knife attack and a getaway driver. The judgment records that O’Loughlin had 35 previous convictions, including burglary convictions and possession of a knife. The court found no error in the sentencing judge’s approach or assessment of mitigation.
The court nevertheless ordered the final 18 months suspended in O’Loughlin’s own €100 bond for three years, on condition that he remain under probation service supervision. The bond could be entered before the prison governor or assistant governor, with liberty to re-enter if difficulties arose. The judgment does not state that the rest of the sentence was changed.