That year the British suspended habeas corpus and began arresting all the Young Ireland leaders. Smith eluded escape for a time and led a brief, abortive rising in Tipperary. He was arrested and sentenced to be hung, drawn and quartered but the sentence was reduced to penal servitude for life in Tasmania.
After serving five years there, he was given partial pardon in 1854 and then a full pardon two years later. As he prepared to leave Australia in '54 he was given a series of dinners and testimonials and presented with gifts by the Irish population of the area. O'Brien lived in Brussels until his final pardon came through and then returned to Ireland but did not participate in Irish politics again. On June 16, 1864, he died in Bangor, Wales. He is buried in Rathronan churchyard in Co. Limerick.
There is a statue of him in Dublin's O'Connell Street [above]