THE Court of Appeal is to review the sentences imposed on two men involved in a fatal burglary in County Limerick almost two and a half years ago on the grounds of undue leniency.
Cousins Michael Casey, 34, of Clonlong Halting Site, Southill, and David Casey, 22, of Carragh Park, Belcamp, Dublin 17, both admitted their involvement in a burglary at the home of John O’Donoghue at Toomaline, Doon on August 27, 2015.
After carrying out burglaries at three other homes, they targeted Mr O’Donoghue’s house as he was out shopping with his sister. However, Mr O’Donoghue returned home to find doors open and the Caseys inside the house.
Mr O’Donoghue grabbed a shovel from the shed but when he confronted the pair, he dropped to the ground, suffered a heart attack and later died. The Caseys ran past him and escaped from the scene but were later arrested.
They were sentenced to four-and-a-half years imprisonment with the final year suspended at Limerick Circuit Court last December.
Last week, the Director of Public Prosecutions (DPP) asked the Court of Appeal to increase the sentences.
Counsel for the DPP Thomas O’Malley said that Mr O’Donoghue’s sister was also a victim of the Caseys’ actions as she had to watch her brother “drop dead in front of the family home”. He said that, in this case, the punishment must reflect the harm caused.
David Casey was on bail at the time and Judge Tom O’Donnell did not remark on this during the hearing. He also “failed to specify a headline sentence before making appropriate adjustments for any personal circumstances of the accused.
It was argued that the Caseys had targeted four different dwellings as part of a one-day burglary “spree”
One house was ransacked and this should have been considered at the time of sentencing. Credit should not be given to the Caseys for choosing to burgle unoccupied houses at the time.
Consideration should have also been given to consecutive sentences and the sentence for the most serious offence – involving the death of Mr O’Donoghue – should have been higher, Mr O’Malley submitted.
Counsel for David Casey, Michael Bowman SC, said what happened after the incident couldn’t aggravate the offence and there was no evidence the cousins deliberately walked past Mr O’Donoghue as he was having a “fit or a heart attack”.
Mr Bowman said David Casey was 20 at the time of the offence. He had his own “personal difficulties” and appeared to have progressed significantly while in custody.
Vincent Heneghan SC, counsel for Michael Casey, said the final year of the sentences was suspended on condition both cousins be of good behaviour for six years from the date of sentence. That indicated that the Circuit Court judge had measured the gravity of the offences.
Mr Heneghan said that Judge O’Donnell did not pass sentence after hearing the evidence and adjourned the matter for a considerable period to consider the case in its entirety.
In his ruling, Mr Justice George Birmingham said the sentences were “unduly lenient” and adjourned the case until January to fix a date for a sentence hearing.
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