Michael Casey and David Casey resentenced over burglary at John O’Donoghue’s home

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Michael Casey and David Casey were each resentenced by the Court of Appeal on 26 April 2018 to seven years in prison, with the final eight months suspended, for burglary at John O’Donoghue’s home in Toomaline, Doon. The burglary took place on 27 August 2015.

The cousins had pleaded guilty to a series of burglaries. The proceedings were reported on 26 April 2018.

Mr O’Donoghue collapsed and died as he was about to confront the two intruders, who ran away without offering assistance. There was no suggestion that the Caseys intended to kill or seriously injure him, and it was accepted that they were genuinely remorseful.

A post-mortem found that Mr O’Donoghue had an enlarged heart, significant coronary artery disease and scarring of the heart muscle, putting him at increased risk of sudden collapse and death. State Pathologist Dr Marie Cassidy said he had no direct contact with the intruders and that the stress of the situation would have precipitated his death.

Judge Tom O'Donnell had sentenced both men at Limerick Circuit Criminal Court on 15 December 2016 to four-and-a-half years in prison, with the final year suspended. Following a review sought by the Director of Public Prosecutions, the Court of Appeal found those sentences unduly lenient.

Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, said an aggregate sentence of at least ten years before mitigation was reduced to seven because of the guilty pleas, admissions and apparently genuine remorse. The final eight months were suspended because resentencing carried an additional hardship.

The court also imposed concurrent terms of three years for the burglary of a ransacked home, two years for the other burglary and 12 months for criminal damage. All the sentences were to run concurrently.