Justice Minister describes case of Laois man Joe Drennan as 'tragic'

Judges make mistakes but the appeals structure exists to address but new guidelines will improve sentencing consistency, according to the Minister for Justice who has described the case of Joe Drennan as 'tragic'.

Minister Jim O’Callaghan made the comments in the Dáil when answering a question from Laois TD Brian Stanley about issues with concurrent and consecutive sentencing by judges in courts as emerged in the case of Joe Drennan. 

Dep Stanley asked about the progress being made on the review of sentencing.

“It is not about locking people up and throwing away the key, but we need some common sense in the sentencing guidelines,” he said.

He raised the sentencing of the man who caused the death of Joe Drennan from Camross. The said the driver of the car, who had 46 previous convictions, fled the scene.

Kieran Fogarty, aged 21, Hyde Avenue, Ballinacurra Weston, Limerick, was jailed for eight years for a shooting at a house in April 2023. He was given a six-and-a-half year concurrent sentence for causing Joe Drennan's death in a hit-and-run later that year.

Dep Stanley told the Minister that the concurrent sentence means that Fogarty would not serve additional time in prison for “killing” the young Laois 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,” he said

While Dep Stanley welcomed that the DPP is appealing the sentence, he believes it should not have been consecutive.
“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,” said the independent TD.

Dep Stanley said the Department must monitor what is happening in the courts.

“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,” he said.

Minister O’Callaghan, a Barrister by profession, said sentencing is a “complex matter” though he acknowledged that people want to see “some consistency”.

“I want to see that as well,” he added.

He said that if people commit a serious offence while on bail, the law dictates that they receive a consecutive sentence.
He said appreciated the concerns TDs, victims and their families have when they see a concurrent sentence being imposed in respect of different offences. MORE BELOW PICTURE.

March for Joe in Mountrath. Pic: Alf Harvey

“Judges sometimes look at the issues and terms of the totality of what occurred. 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,” he said.

He restricted his comments on the Joe Drennan sentence.

“I am aware of the tragic case of Joe Drennan. I am not going to talk about it, as I’m sure the Deputy can appreciate. The matter is being appealed by the DPP to the Court of Appeal and it would be inappropriate for me to say anything in respect of it

“I will speak in general terms about where multiple offences have been committed. Sentences imposed in response to multiple offences can be imposed concurrently, consecutively or a combination of both. Offences committed while on bail, in custody or while a suspended sentence is in place attract consecutive sentences.

"That is provided for expressly in legislation. Section 11 of the Criminal Law Act 1976, which states that if a person commits an offence while serving a sentence, such as a suspended sentence, the sentence should run consecutively. More recently, the Criminal Justice (Burglary of Dwellings ) Act 2015 provides for consecutive sentences in relation to certain burglary offences. The law provides for it, therefore, but I appreciate and under the Deputy’s concern,” he said.

READ ALSO: Laois Crime and Court stories

He highlighted the importance of consistent sentences.

“In general, there is a consistency throughout the criminal process when it comes to the imposition of sentences. We do not hear about it because it does not give rise to public controversy, but consistency is very important. That consistency will be increased and improved when we see judicial guidelines being put forward by the Judicial Council. However, 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.

“The appeals structure is there to correct mistakes that are made by lower courts. Thus, there are systems in place to ensure that if there is a misapplication of the law by a court, it is corrected on appeal. I am very conscious of the responsibility we are asking the Judiciary to perform in respect of sentencing guidelines.

“I am especially interested in seeing that and the public will also be interested in seeing what the guidelines for certain types of offences are. Serious offences merit serious sentences. However, we must also recognise sentencing is complex,” he said.