Term cut due to error on previous convictions

A burglar has had his sentence backdated on appeal after his previous convictions were mis-stated.

Nicky O’Driscoll, aged 37, of Knocknaheeny, Cork, pleaded guilty at Cork Circuit Criminal Court to burglary at Innishannon, Co Cork, on January 7, 2014.

He was sentenced to three years imprisonment, with the final six months suspended, by Judge Seán Ó Donnabháin on May 12, 2014.

O’Driscoll moved to appeal his sentence yesterday on grounds that the sentencing court was incorrectly told he had 20 previous convictions for burglary when he actually had eight.

Mr Justice Garrett Sheehan said the sentencing judge was mislead on the number of previous convictions O’Driscoll had for burglary and this amounted to an error in principle. He had 68 previous convictions, including eight for burglary, and not 20 as the Circuit Court had been told.

Mr Justice Sheehan upheld the sentence imposed on O’Driscoll by the Circuit Court but, in view of the incorrect information on foot of which he was sentenced, varied the sentence “in a limited way” by backdating it to May 12, 2014.

O’Driscoll’s barrister, Ronan Munro, said his client lost the benefit of 52 days in custody because he had been given a nine-month sentence for burglary one month before he was sentenced for the present offence.