O'Donoghue sentence appeal hearing adjourned

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 was adjourned until the end of this month today.

The DPP's appeal was due to be heard at the Court of Criminal Appeal next Thursday, but following an application by O' Donoghue's counsel the court today agreed to adjourn it until July 27.

O' Donoghue's counsel Mr Ronan Munro BL told the three judge court today that his legal team had yesterday received an 18 page submission from the DPP and they required some time to consider it.

Mr Munro said at the sentence hearing in Jaunary certain things were said that went beyond the scope of the victim impact report and there had been substantial media attention.

He said that the 18 page submission had been given to Mr Blaise O'Carroll SC, O' Donoghue's senior counsel yesterday and he has not yet had an opportunity to read it.

"There is desperate pressure being placed on Mr O' Donoghue's legal advisers,'' he added. He said that if the DPP's appeal went ahead next Thursday there would not be sufficient time to adequately prepare for it.

Ms Justice Fidelma Macken, presiding, said that the court took the view that it was not an ideal situation that an application to adjourn should be made. But the court accepted that O' Donoghue's leagl team has only just received lengthy submissions and in the circumstances the court

agreed that the hearing should be adjourned.

Mr Shane Murphy SC for the DPP said that the appeal would last no more than half a day.

The four-year sentence was imposed by Mr Justice Paul Carney on Wayne O'Donoghue (aged 27) for the manslaughter of Robert Holohan at Ballyedmond, Midleton, on January 4, 2005.

O'Donoghue was acquitted by a jury in December 2005 of Robert's murder, but had pleaded guilty to his manslaughter. He said he accidentally killed the boy in a row over throwing stones at his car.

The trial heard Robert died from asphyxia due to strangulation. O'Donoghue dumped Robert's body at Inch strand.

The DPP is basing his appeal application on six grounds, including a general one that the sentence is too lenient, arguing that it fails to take into account O'Donoghue's concealment of both the killing and of Robert's body.

Among the other grounds is the contention that the sentence did not recognise O'Donoghue's attempt to divert the focus of the Garda inquiry away from him and on to others. The DPP also argues that the sentence fails to take into account O'Donoghue's age, size and strength when

assaulting Robert, as well as his admission that he grabbed Robert about the throat during the assault.

Under the 1993 Criminal Justice Act, the DPP can apply to the Court of Criminal Appeal to review a sentence if he believes it was unduly lenient.