DPP to appeal against O'Donoghue sentence

The Director of Public Prosecutions has lodged an appeal against the four-year sentence of Wayne O'Donoghue for the manslaughter…

The Director of Public Prosecutions has lodged an appeal against the four-year sentence of Wayne O'Donoghue for the manslaughter of his 11-year-old neighbour.

O'Donoghue (21) was jailed last month for killing Robert Holohan at Ballyedmond, Midleton, on January 4th, 2005.

He had been acquitted of Robert's murder by a jury at the Central Criminal Court sitting in Cork in December. He pleaded guilty to the boy's manslaughter.

Mr Justice Paul Carney at the Central Criminal Court sitting in Ennis sentenced O'Donoghue to four years in jail for Robert's manslaughter and backdated it to January 16th, 2005, when he was first taken into custody.

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The DPP has lodged the appeal on six grounds, including the leniency of the sentence.

Under the 1993 Criminal Justice Act, the DPP is entitled to apply to the Court of Criminal Appeal to review a sentence if it is of the opinion it is "unduly lenient".

The three-judge appeals court may either quash the original sentence and impose one it considers appropriate or refuse the application.

The application must be lodged within 28 days. It was lodged this afternoon, hours before the deadline ran out tonight.

Kilian Doyle

Kilian Doyle

Kilian Doyle is an Assistant News Editor at The Irish Times