Cork appeal judge increases sentence on man who stole from taxi driver

The man was charged with robbery of €20-€30 in loose change from a taxi driver at Boyce’s Street, Gurranabraher, Cork.

The deterrent effect of sentencing had to be given particular consideration in cases involving crimes against taxi drivers who are providing a public service and often had to deal with truculent and difficult passengers at night.

These comments were made by Mr Justice Patrick McCarthy at the Court of Criminal Appeal in an appeal brought by the Director of Public Prosecutions against a sentence being unduly lenient for a knifepoint robbery on a taxi driver in Cork.

Mr Justice McCarthy said the sentence imposed on the 27-year-old accused man of 18 months with the last six months suspended was now being quashed by the appeal court. It was replaced with a sentence of three years with the last two years suspended.

Delivering this decision, Mr Justice McCarthy said the court had to give consideration to the protection of the community and the fact that the accused had serious convictions for robbery and crimes of violence.

The jail time still amounts to one year and this has been served already. In effect, the suspended sentence hanging over the young man is much longer.

The judge warned the young man that if he did not comply with all directions of the probation service in matters such as anger management or other programmes, then he would have to serve the two years that was suspended.

Jamie O’Brien, of 23 Meadow Hill, The Meadows, Hollyhill, Cork, was originally sentenced at Cork Circuit Criminal Court by Judge Colin Daly.

Garda Joe O’Reilly arrested O’Brien and charged him that on February 9, 2022, he went to Murphy’s barbers on 27 Shandon Street and attempted to carry out a robbery.

He was also charged with robbery of €20-€30 in loose change from a taxi driver at Boyce’s Street, Gurranabraher, on the same day.

Finally, he was charged with being in possession of a knife at Cathedral Road, Gurranabraher, on the following day, February 10.

O’Brien pleaded guilty to all of those charges.

Jane Hyland, defending, said half of his peer group died through suicide or overdoses and the other half are in custody. She said the accused entered guilty pleas at the earliest opportunity.

Judge Colin Daly said the accused may have been under the influence of drugs but this did not excuse his behaviour.

The judge said he had to consider the impact on the victims and the aggravating factor of having previous convictions for violent offences.

The judge noted in mitigation that the accused now had a supportive partner and a very young child.