Cork man convicted of manslaughter sent back to prison for failing to comply with probation service

The man was convicted of the manslaughter of a French man in the city in 2015. 
Cork man convicted of manslaughter sent back to prison for failing to comply with probation service

Daniel O'Sullivan (pictured in 2016) was sentenced to eight years for manslaughter. 

A Cork man who was convicted of the manslaughter of a French man in the city had part of his jail term suspended back in 2016 but now he has been sent back to prison for failing to comply with the probation service.

Judge Helen Boyle said Daniel O’Sullivan was fortunate to have such a dedicated probation officer in Sharon Kennedy in Waterford. Ms Kennedy described Daniel O’Sullivan as a young man with great potential who needed to address his heroin addiction and related issues in order to realise that potential.

Found on street in Waterford

As recently as July, Ms Kennedy said she encountered Daniel O’Sullivan begging on the street in Waterford and was clearly struggling with addiction and homelessness. Unfortunately, he did not take up her offer to attend with her at the probation service to address his issues.

Defence barrister Dermot Sheehan said of the 28-year-old, “He understands he needs treatment for heroin. 

"He wants to get on with his life, free from the chains on him at the moment – his addiction to heroin, begging on the street and homelessness.

“The situation is pathetic for him now. He is a bright young man with a lot of potential if he could just free himself of the shackles of heroin."

Judge Boyle said, “This young man certainly has to spend time in prison. He is very lucky to have a probation officer who works so hard for him and speaks so highly of him.” 

Sentence partially suspended 

In 2016 he was sentenced to eight years for manslaughter with the last three years suspended on conditions that included compliance with the probation service.

Judge Boyle said she would revoke the suspension on one year of that period. Daniel O’Sullivan, who is originally from Mallow, County Cork, is now commencing that one-year sentence.

Original case 

O’Sullivan of Carrowkeel, Mallow, pleaded guilty at Cork Circuit Criminal Court to the manslaughter of French man, Vincent Morgain, aged 34, on Lower Oliver Plunkett St in Cork on September 15 2015.

Sergeant Dave O’Callaghan said O’Sullivan and two others bought a 700ml bottle of vodka at 10.30am and he passed out after drinking most of it quickly. By lunchtime he and the two others left the boardwalk on Lapps Quay and went to Lower Oliver Plunkett St where Mr Morgain and a woman were sitting in a doorway at the back of Jury’s Inn hotel.

They had a bag with some drink in it. One of the three men grabbed the drink and when Mr Morgain stood up, O’Sullivan punched him, knocking him to the ground where he banged his head.

He struggled on his hands and knees to get up and O’Sullivan kicked him in the head, an attack that was witnessed by passers-by and motorists.

A number of people went to the assistance of Mr Morgain who was unconscious on the ground when O’Sullivan and the others walked away.

A passing ambulance brought him to hospital but he died five days later on September 15, 2015.

Blunt force trauma to the head was one of the main causes of death and excess alcohol was also noted by the pathologist.

Mr Morgain lived in Kerry from 2000 and worked in several hotels but ended up with a severe drink problem and came to Cork a year before his death. His family in Kerry had wanted him to return home to France but he told them he wanted to be self-sufficient.

His mother, Liliane Thomas, said at the sentencing hearing five years ago, “Vincent was very kind. 

"He was prepared to go without to please others and he thought more of others than of himself.” 

The accused expressed deep remorse for his actions.

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