The appeal by the DPP against the leniency of the four-year jail sentence imposed on Wayne O'Donoghue for killing his 11-year-old neighbour, Robert Holohan, will be heard on July 27th.
The DPP's appeal was due to be heard at the Court of Criminal Appeal next Thursday but the court yesterday granted an application by O'Donoghue's counsel, Ronan Munro, to adjourn it until July 27th to allow time to consider an 18-page submission from the DPP, which the defence received last Thursday.
Mr Munro said certain things were said at O'Donoghue's sentence hearing last January which went beyond the scope of the victim impact report and there had been substantial media attention. The DPP's 18-page submission had been given to Blaise O'Carroll SC, O'Donoghue's senior counsel, on Thursday and he had not yet had an opportunity to read it. "There is desperate pressure being placed on Mr O'Donoghue's legal advisers," Mr Munro said.
Ms Justice Fidelma Macken, presiding, said the court believed it was not an ideal situation that an application to adjourn should be made.
However, the court accepted O'Donoghue's legal team had only just received lengthy submissions and in the circumstances would adjourn the appeal.
Shane Murphy SC, for the DPP, said the appeal would last no more than half a day.
O'Donoghue was acquitted by a jury in December 2005 of Robert's murder but had pleaded guilty to his manslaughter.
The DPP has advanced six grounds to support the claim that the sentence is unduly lenient.
Among other things, it is argued the sentence failed to take into account O'Donoghue's concealment both of the killing and of Robert's body.