Serial burglar has sentence backdated on appeal

A man from Cork has had his sentence backdated following a successful appeal to the Court of Appeal. Nicky O'Driscoll, aged 37, of Killala Gardens, Knocknaheeny, pleaded guilty at Cork Circuit Criminal Court to burglary at Inishannon on 7 January 2014. He received a three-year sentence with the final six months suspended in May 2014. O'Driscoll appealed on the basis that the sentencing judge had been incorrectly informed of his previous convictions for burglary. Mr Justice Garrett Sheehan found the sentencing court had been told O'Driscoll had 20 previous burglary convictions when he in fact had eight among his 68 total convictions. The judge described this as a clear error in principle, though not attributable to fault on the part of the trial judge. The Court of Appeal upheld the original sentence but backdated it to 12 May 2014 to account for the misinformation. O'Driscoll was also required to enter into his own bond of €100 for 12 months.