Man who 'swindled' vulnerable woman out of her life savings has prison sentence upheld on appeal

Michael O'Brien (25), of Old Castle Drive, Clondalkin, in the capital, had pleaded guilty at Dublin Circuit Criminal Court to four sample charges of deceiving the woman at her home, where she was a carer for her 93-year-old mother, and in the grounds of a hospital where she was an outpatient, on dates between October and November, 2015.

O'Brien would sometimes bring the woman a bag of scones on occasions she handed him €5,000. In all, she gave him €90,000 which represented her whole life savings and only €20,000 has been recovered.

He was given a three-year sentence by Judge Melanie Greally on March 24, 2017.

O'Brien lost an appeal against his sentence today, with the Court of Appeal holding that the deception was “so despicable”, it would not have interfered if the maximum sentence five years was selected as the headline figure (rather than four and a half years, before mitigation).

Giving judgment in the three-judge court, Mr Justice John Hedigan said the injured party had been living with and caring for her 95-year-old mother. The injured party herself had been suffering from psychiatric illness for a number of years.

The victim told gardaí that a man had called to her home one day and said she needed to have her driveway repaved or the postman would trip and sue her. She agreed and paid €7,500 for the work although O'Brien later admitted that, at most, the job should have cost between €1,500 and €2,000.

She said the same man then suggested he would paint her house after telling her it was “going to fall down”. She paid €1,500 for this but the work was never completed.

Some time later the woman received a call from a person purporting to be an accountant with a bank. He told her that he had heard she was being scammed by a group of Travellers and could help her to get the money back.

The caller told the woman that if she paid instalments of €5,000 he would get her “a big cheque for €76,000”. The woman agreed to this and met O’Brien in a number of locations including the carpark of St James’s Hospital where she was being treated. She regularly withdrew sums of €5,000 from two separate accounts and handed it over until she was left with just €93 in one of the accounts.

In all, she handed over approximately €90,000 to O'Brien. Sometimes O'Brien would bring her a bag of scones before collecting the money.

Eventually, after receiving a phone call telling her to hand over another €5,000, she contacted the gardaí who set up an operation in the hospital grounds and arrested him.

O'Brien told gardaí that he had been working for a “boss man” who had orchestrated and organised the deception. However, the injured party stated that O'Brien was the “boss-man” because he was the only person who interacted with her.

Counsel for the Director of Public Prosecutions, Derek Cooney BL, said no other person emerged from the investigation nor did O'Brien offer any assistance on who the “boss-man” was.

Mr Cooney submitted that O'Brien was the person who approached the vulnerable lady, who did the driveway, who painted half of her house, who phoned her on different occasions and was the only one who met her.

“It was in fact through his hands that went all her life savings,” Mr Cooney submitted.

Mr Justice Hedigan said a reference by the sentencing judge to O'Brien not being the principal beneficiary was peripheral to the court's consideration.

He said O'Brien “planned and executed a scam whereby he deceived a particularly vulnerable woman and swindled her out of all the money she had”.

It was a “thoroughly despicable crime” committed against a particularly vulnerable woman, who was also a carer for her 95-year-old mother. She needed “every penny of those savings” in her circumstances, the judge said

He said O'Brien acted without “scruples or hesitation”. He created a sense of trust in his unfortunate victim and he breached that trust at all times.

In mitigation, O'Brein had pleaded guilty and had no previous convictions. He was the father of two young children and his family supported him. He brought €20,000 to court with him which, it was said, represented his gain from the venture.

The rest of the money has never been recovered, the court heard.

In the Court of Appeal's view, the four-and-a-half year headline sentence identified by the Circuit Court judge was correct and no error had been established.

Mr Justice Hedigan said the deception was “so despicable”, the court would not have interfered if the five-year maximum was selected as the headline figure.

He said the reduction allowed for mitigating factors was “more than adequate and generous”.

Mr Justice Hedigan, who sat with Mr Justice Alan Mahon and Mr Justice John Edwards, said the court was in “full agreement” with the sentence imposed and the appeal was therefore dismissed.