A Laois TD has called for greater “consistency” and “common sense” in the way sentencing guidelines are set out for judges.
Laois Independent Republican TD Brian Stanley was Speaking in Dáil Éireann this week, where he probed Minister for Justice Jim O’Callaghan in regards to the ongoing Joe Drennan case.
In October 2023, 21-year-old Joe Drennan from Mountrath was tragically killed in a hit-and-run incident in Limerick.
Mr Drennan was killed by Kieran Fogarty of Hyde Avenue, Ballinacurra Weston, Limerick, who was handed a six-and-a-half year sentence for the crime in January of this year.
However, Judge Colin Delaney ruled that the sentence will run concurrently with another longer sentence for a separate offence.
Fogarty was out on bail at the time of the crash for other offences and was forbidden to drive.
The Drennan family has since launched a petition calling on the laws in relation to sentencing to be changed and held ‘Walk for Justice’ marches in Mountrath and Camross in February to “demand justice.”
Deputy Stanley called for a review on the use of concurrent and consecutive sentencing guidelines for judges, saying:
“It is not about locking people up and throwing away the key, but we need some common sense in the sentencing guidelines.
“In the recent case of Joe Drennan – who was mowed down at a bus stop coming home from work – the driver of the car had 46 previous convictions.
“He fled the scene. He received a concurrent sentence, which means that he will not serve one additional hour in prison for the killing of the young man. That is shocking.
“Young Joe Drennan lost his life. His family lost him.
“There has been a strong campaign in the county to have this reversed. I welcome that the DPP is now appealing the decision.
“In a case like this where a person is up on serious charges, including shooting up a house, it is clear there should be consecutive sentencing and there needs to be clear guidelines on it.”
Minister O’Callaghan he is aware of case of but was not going talk about it directly.
“Sentencing is a complex matter, but people want to see some consistency in sentencing,” the Minister said.
“The procedure sentencing guidelines is set out in the Judicial Council Act 2019, which Minister O’Callaghan said “will improve consistency throughout the course of imposing sentences.
“We also need to be aware that concurrent and consecutive sentences are options available to judges. Under our law, consecutive sentences can be imposed by the courts.
“The Oireachtas has mandated that, in certain circumstances, there should be consecutive sentences.
“For instance, if people commit a serious offence while on bail, the law dictates that they receive a consecutive sentence.
“It is also the case that, if people commit an offence while serving a sentence for another offence, for example, if they are out on temporary release, that should result in a consecutive sentence as well.
“I appreciate the concern Deputies and victims and their families have when they see a concurrent sentence being imposed in respect of different offences.
“The message that goes out is that there was no real sentence for the offence committed against the victim because the person was already serving a sentence in any event.
“In circumstances where there is one offence and a series of convictions in respect of it, concurrent sentences are probably appropriate.
“However, where the offences are separate, it is in my view that consecutive offences are appropriate.”
But Deputy Stanley replied, saying “it is clear there is a consistency problem” when it comes to sentencing.
“Of course the courts need flexibility and need to be separate from the Oireachtas, but the Department has a responsibility to monitor what is happening at some level in the courts,” Deputy Stanley said.
“Where there is a complete breakdown in consistency and sentences that are off the Richter scale, such as in the Joe Drennan case, it shows we have a problem and judges need to be clear the sentencing needs to match the crime.”
Minister O’Callaghan responded by saying: “We need to recognise that sometimes – and I am not speaking about any particular case – judges make mistakes and that is why we have the appeals structure that exists.”
