Crime & Law

Limerick judge Tom O’Donnell has had sentences appealed on both leniency and severity grounds

Judge’s decision to grant a suspended sentence to soldier Cathal Crotty for ‘vicious’ assault on Natasha O’Brien has provoked controversy

It is not unusual for a judge to have sentencing decisions challenged before the three-judge Court of Criminal Appeal

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Colm Keena
Tue Jun 25 2024 - 19:00

Judge Tom O’Donnell, who last week controversially imposed a three-year suspended sentence on soldier Cathal Crotty for viciously assaulting Natasha O’Brien, has had sentences appealed for both undue leniency and undue harshness, court records show.

It is not unusual for a judge to have sentencing decisions challenged before the three-judge Court of Criminal Appeal. Appeals against the severity of a sentence, taken by convicted people, are more common than appeals against the leniency of a sentence, taken by the Director of Public Prosecutions (DPP).

In his decision in the Crotty case in the Limerick Circuit Criminal Court, Judge O’Donnell took into account Crotty’s guilty plea, lack of previous convictions, and army career. It is expected the sentence will be appealed by the DPP as being unduly lenient. Legal sources in Limerick say Judge O’Donnell, who retires this week, is generally viewed as being fair and reasonable in his sentencing decisions.

In 2022 Luke Barrett, who had been jailed by Judge O’Donnell for eight years, with the final 18 months suspended, successfully appealed the severity of the sentence. Barrett, who had pleaded guilty to threatening shop workers with a knife at various premises in Co Limerick, had his sentence reduced by 18 months. The appeal court found that the sentence for one of the charges did not adequately consider Barrett’s youth and lack of previous convictions.

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Limerick drug dealer Brian Collopy was unsuccessful in 2018 when he appealed the severity of the eight-year sentence imposed on him by Judge O’Donnell after Collopy was caught in possession of diamorphine. The Court of Appeal left the sentence unchanged, although it did say it considered Judge O’Donnell’s decision “a lenient one”.

In 2018 two cousins involved in a series of burglaries in rural Limerick, including one in which a 62-year-old man died suddenly when he found them on his premises, had their sentences increased after an appeal by the DPP. Michael and David Casey, with respective addresses in Southill, Limerick and Belcamp, Dublin, had admitted their involvement in the offences, and Judge O’Donnell had jailed them for 4½ years, with the final year suspended.

The Court of Criminal Appeal increased the sentences to seven years, with the final eight months suspended, having heard submissions in relation to the seriousness of such crimes.

[ Plans to pay tribute to retiring judge cancelled due to controversy over Cathal Crotty sentence ]

In 2019, a man found guilty of cruelty to his son had his sentence increased after the original sentence was appealed for undue leniency.

Judge O’Donnell gave the man an entirely suspended sentence. In delivering the decision to change the sentence to one year in prison, the appeal court judge, Mr Justice John Edwards, said “great weight should be attached to the reasoning of the trial judge, particularly one as experienced as Judge O’Donnell, who is especially known for his great empathy and humanity.”

In 2017 Jason Freyne, who had pleaded guilty to possession of a firearm and ammunition in Limerick the previous year, had the sentence by Judge O’Donnell increased after the DPP contested its leniency.

The original sentence of eight years’ imprisonment with the final two-and-a-half suspended, was increased to 10 years’ imprisonment with the final two-and-a-half years suspended.

In 2018 Craig O’Donnell, from Southill, Limerick, who was given 10 years, with the final 18 months suspended, by Judge O’Donnell, lost an appeal against the severity of the sentence. O’Donnell had pleaded guilty to several offences including aggravated burglary and possession of a knife.

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