Prosecutors appeal 'unduly lenient' sentence imposed on burglar used as 'muscle' in Dublin assault
A violent burglar used as “muscle” to intimidate another man must wait to hear whether his sentence will be increased, on foot of an appeal by prosecutors.
Donal O’Hara (aged 26), of Glin Park, Coolock, Dublin 17, pleaded guilty at the Special Criminal Court to assaulting John Roche, causing him harm, at The Towers, Garter Lane, Saggart, County Dublin on June 9, 2015.
He also admitted falsely imprisoning Martin Byrne at Rathcoole and Saggart on the same date. The false imprisonment of Lisa Byrne and another person at The Towers, Garter Lane, Saggart, on the same date had been taken into consideration.
CCTV footage captured the moment five men including O’Hara dragged Mr Roche from his house and assaulted him on the ground by kicking and punching him.
He was sentenced to four years imprisonment with the final two suspended, by Mr Justice Tony Hunt, presiding at the three-judge court, on July 31, 2018.
The Director of Public Prosecutions is seeking a review of O’Hara’s sentence on grounds that it was “unduly lenient”.
Counsel for the DPP, Shane Costelloe SC, characterised the offence as a “gang of thugs accosting” a man to take him out of his house.
He submitted that the starting point of four years was too low and the suspension of the final two years was “erroneous”.
Mr Costelloe accepted that while other parties to the incident were “executives”, O’Hara was “muscle”.
Dessie O'Hare (aged 62), of Slate Rock Road, Newtownhamilton, County Armagh, has also pleaded guilty to assaulting Mr Roche, causing him harm, and falsely imprisoning Mr Byrne on the same occasion. O’Hare is awaiting sentence for the offence.
Declan Duffy (aged 44) of Hannover Street West in Dublin, also pleaded guilty to the same offences and was sentenced to six years imprisonment on January 29, 2018.
Daniel Kane (aged 29), of Hollycourt in Ballybrack, County Dublin, also pleaded guilty to the same offences and was sentenced to five years imprisonment with the final year suspended on April 27, 2018.
Counsel for O’Hara, Michael O’Higgins SC, said his client pleaded guilty “promptly”.
He said there was good reason why guilty pleas were given “elevated status” in the Special Criminal Court. Persons who appear before the Special Criminal Court often don’t even recognise the court, he said.
Mr O’Higgins submitted to the Court of Appeal today that the sentence imposed on the “godfather” of the incident, Declan Duffy, was “capped” at six years. Another participant got five years. There was a “huge” distinction between Mr O’Hara and those two participants, Mr O’Higgins submitted.
President of the Court of Appeal Mr Justice George Birmingham, who sat with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, said the court would reserve its judgment.
In 2013, O’Hara was one of seven men who travelled from Dublin in convoy in order to commit a burglary at the home of a family in a cul de sac, in a rural area outside Killenaule, south Tipperary.
He was sentenced to 12 years imprisonment with the final seven years suspended for his role in the raid.
