Violent attacker who repeatedly stamped on pensioner’s head not given enough credit for early guilty plea, court told

Jonathan O’Driscoll was jailed for 13 years for a brutal and unprovoked assault on Christy O’Callaghan

Jonathan O'Driscoll was jailed for 13 years for an unprovoked assault on 73-year-old Christy O’Callaghan.

A violent attacker who was jailed for 13 years after he repeatedly stamped on a pensioner’s head during a brutal and unprovoked assault lasting 14 minutes was not given enough credit for his early guilty plea, the Court of Appeal was told.

Jonathan O’Driscoll, aged 33, formerly of Coolcower House, Macroom, Co Cork, but now a prisoner at Wheatfield Prison, was imprisoned after he pleaded guilty to assault causing serious harm to Christy O’Callaghan, aged 73, at Sleaveen East, Macroom, on March 21, 2019.

During the prolonged assault, Mr O’Callaghan, who has recently died, suffered a bilateral scalp laceration, fractures to his facial bones, extensive soft tissue damage, fracture of the ribs, a collapsed lung, and subdural haematoma.

He later required life-saving treatment at Cork University Hospital and had to be moved from his home to a long-term care facility after his release as a result of his injuries.

Christy O'Callaghan, who has recently died, had to be moved from his home to a long-term care facility as a result of his injuries. 

O’Driscoll has since appealed the severity of the sentence imposed by Judge Sean Ó Donnabháin at Cork Circuit Criminal Court in February 2021 on the grounds that it was “excessive in all circumstances”.

At the Court of Appeal on Tuesday, Siobhan Lankford, defending, said that Judge Ó Donnabháin’s headline sentence of 15 years was too high and had been “fixed at the higher end of the highest bracket”.

She said there was no level of premeditation in the assault and no weapon was used.

In other cases of this type, where lesser sentences were handed down, weapons had been used and there were elements of premeditation, counsel added.

Although she conceded that her client’s behaviour had been inexcusable and wasn’t seeking “to defend it in any way”, she said that there were several mitigating factors which entitled him to a greater discount to his sentence than the two years he had received.

Ms Lankford said her client had co-operated with the legal process from the outset after his arrest.

Although he does not suffer from any “gross psychiatric disorder”, he “does have a psychiatric history, suffers from anxiety and depression, has had suicide attempts, and has had contact with counsellors”, she said.

But more significantly, O’Driscoll came before the court on a signed plea and had expressed his remorse for his actions, she said.

“Two years [discount] is simply not sufficient in all the circumstances,” she said.

Brendan Kelly, prosecuting, said the signed plea had to be “looked at through the lens of the offending”.

Mr Kelly said he accepted that the discount in the sentence was “very, very marginal”, but he asked: “Is it so little as to give rise to an error? I would say no.”  

During submissions, Mr Justice John Edwards, presiding, said Mr O’Callaghan’s life had been ruined by the attack.

It is easy to say sorry once you have wrecked someone’s life.” 

Mr Justice Edwards also said the court was saddened to hear Mr O’Callaghan has since passed away, adding that his “very poignant” victim impact statement was on the court record.

Judgment has been reserved.

Previous evidence

At O’Driscoll’s sentence hearing, Detective Garda Alan O’Sullivan told the court that Mr O’Callaghan was sitting in his car on the night of the assault when O’Driscoll dragged him from his vehicle and started stomping on his head.

He said O’Driscoll, who the court heard had been released from hospital following a psychotic episode, dragged the pensioner from the car and threw him around like a “rag doll”.

In a victim impact statement, Mr O’Callaghan said that prior to the crime he led a “nice life”. 

“I enjoyed working with greyhounds and attended the greyhound track twice a week. I had made a lot of good friends through the dogs.

"Since I was so badly assaulted, my life has totally changed. I have been in hospital since and I have not been home. Nobody will ever know half of what I suffered.

"You [O’Driscoll] took away my basic human rights. I cannot go to the toilet on my own. I have to be taken by a nurse who is normally female, which to me is embarrassing and degrading. I do not think I will be left home unaccompanied again. This breaks my heart.”