Court archive
2026-02-26 · Galway
Adrian Behan was found not guilty by reason of insanity of 23 criminal damage charges and 10 theft counts involving telecommunications sites in Mayo and Galway. A jury at Castlebar Circuit Criminal Court returned the unanimous special verdict after hearing that he had been experiencing an acute psychotic episode caused by schizophrenia.
2026-02-25 · Mayo
Adrian Behan pleaded not guilty by reason of insanity to 23 criminal damage charges and 10 theft counts concerning alleged incidents at telecommunications sites in Mayo and Galway. The trial heard that cables, wiring, antennae and electrical equipment were damaged or stolen. The case continued before Judge Eoin Garavan.
2025-12-19 · Mayo
A man in his fifties and a woman in her forties have been sentenced to a combined eight and a half years imprisonment at Castlebar Circuit Criminal Court following their conviction for the systematic abuse of six children over several years. The man received six years and three months, with nine months suspended, while the woman was sentenced to three years and nine months, also with nine months suspended. Judge Sinéad McMullan described the abuse as "relentless and degrading," inflicting "immeasurable" trauma on the victims. The case came to light when two eldest children walked into a garda station to report ongoing physical and emotional mistreatment. Secret audio recordings made by a teenager documented the parents hitting the children almost daily and using demeaning language. The man pleaded guilty to four counts of child cruelty, the woman to two counts, out of thirteen offences committed between January 2018 and October 2021. All six children were taken into state care. The judge commended the children for their courage in reporting the abuse.
2025-11-10 · Mayo
A Castlebar man has pleaded guilty to three thefts totalling over €34,000 from a Lidl supermarket in Westport during the Christmas and New Year period of 2023. Mantas Kerusauska, aged 39, admitted to stealing €11,250 on Christmas Eve, €10,700 on December 29th, and €12,300 on New Year's Eve. Appearing at Castlebar Circuit Criminal Court, the court heard that a gambling addiction described as particularly egregious had contributed to the offences. Defence counsel submitted that his client's criminal conduct could be attributed in whole or in part to this addiction. Kerusauska was remanded on bail pending sentencing, which is scheduled for March 3rd next.
2025-11-06 · Galway
Leighton Morrison, 49, of Woodfield, Galway Road, Tuam, Co Galway, was sentenced to eight years in prison at Castlebar Circuit Criminal Court, with the final year suspended. He pleaded guilty to six sample charges from a total of 13 offences committed between January 2023 and June 2024. The charges include sexual assault against two girls, aged eight and nine, exploitation of a child, and possession and production of child pornography. Judge Eoin Garavan stated that Morrison remains a paedophile at high risk of recidivism and a grave danger to children. The court noted that Morrison videoed the assaults for his own gratification and can never have unsupervised access to children again. His sentence was backdated to July 2, 2024, when he entered custody. Upon release, he is ordered to undergo one year of probation supervision, during which he must complete counselling and a sex offenders' programme. The judge ordered the destruction of seized videos. Morrison's defence counsel noted his public apology and difficult childhood, while the judge described him as a talented dancer who caused significant destruction. The parents of the victims, who retained their children's anonymity, delivered victim impact statements detailing the severe trauma suffered by their daughters.
2025-11-06 · Galway
A Galway man has been sentenced to four years in prison, with the final year suspended, following a violent assault at a petrol station in Ballinrobe, Co Mayo in January 2023. Tommy Sweeney, aged 23, of Castlepark, Ballybane, pleaded guilty to assault causing harm and producing a weapon at Corrib Oil service station on Neale Road. At Castlebar Circuit Criminal Court, Judge Eoin Garavan heard that the victim, who was sitting in his car, suffered serious head injuries including skull fractures and blood loss after being attacked by two men armed with a machete and slash hook. The assailants had waited approximately 45 minutes at the garage before striking. CCTV footage showed Sweeney holding the machete during the coordinated attack. The judge described the incident as part of an ongoing feud involving families from the travelling community across Galway and Mayo. Upon release, Sweeney must complete a year of probation supervision and remain substance-free.
2025-11-06 · Galway
An appeal has been heard in the Castlebar Circuit Criminal Court regarding Leighton Morrison (49) of Woodfield, Galway Road, Tuam, Co Galway, who pleaded guilty to six sample charges from a total of 13 offences committed between January 2023 and June 2024. The charges include two separate counts of sexual assault against an eight-year-old girl and a nine-year-old girl, exploitation of a child, and possession and production of child pornography. Judge Eoin Garavan stated that Morrison remains a paedophile and a grave danger to children, regardless of the length of his incarceration. His sentence was backdated to July 2, 2024, and Morrison was ordered to undergo probation supervision for a year post-release, during which time he must get counselling and undertake a sexual offenders' programme. The court heard that Morrison is at high risk of recidivism and can never have unsupervised access to children again. The matter was adjourned.
2025-11-05 · Mayo
A 40-year-old woman from Ballina in County Mayo has pleaded guilty to possessing €62,000 worth of cannabis herb for sale or supply. Bernadette Muldoon, of St Patrick's estate, admitted the offence relating to drugs found at a different address on the same estate on 7 June last year. Gardaí discovered the cannabis in plastic bags and a protein tub following a tip-off search. A man fled the scene when officers arrived. Muldoon presented herself at Ballina Garda Station later that day and accepted responsibility for the drugs. She told gardaí she was holding them under duress due to a €3,000 drug debt and expressed fear for her safety after her home was damaged. The court heard she struggles with cocaine addiction. Judge Eoin Garavan adjourned sentencing to February 2026 to allow Muldoon to engage with probation services and address her substance misuse. The garda acknowledged the operation was not sophisticated and that Muldoon occupied a lower tier in the arrangement.
2025-11-05 · Dublin
A man has been sentenced to three years imprisonment at Castlebar Circuit Criminal Court following his conviction for sexual offences against a woman in County Mayo. Jorge Paris, aged 62 and resident in Dublin, pleaded guilty to three counts of sexual assault and one of attempted sexual assault occurring between December 2000 and February 2003. The complainant, now 48, was between six and seven years old when the abuse began. Judge Eoin Garavan imposed a headline sentence of six years, subsequently reduced to four and a half years with the final 18 months suspended, citing mitigation including Paris's 25-year employment record and stable 40-year marriage. The judge noted Paris had been removed from the Jehovah's Witnesses congregation following disclosure of the abuse. In her victim impact statement, the woman described lasting psychological and physical harm, stating the offences had destroyed her childhood, adulthood and sense of safety. The defence presented a letter of apology from Paris and a testimonial from his adult daughter.
2025-11-03 · Mayo
A man has admitted careless driving causing the death of a woman in her 70s at a supermarket car park in County Mayo last year. The incident occurred on June 6, 2024, at Supervalu in Westport, when a lorry struck the pedestrian in the vehicle forecourt. Mihail Tanasevici, aged 41 and residing in Dublin, pleaded guilty to a single count of careless driving causing death at Castlebar Circuit Criminal Court. The court heard he was operating the vehicle at approximately 2 kilometres per hour whilst engaged in employment duties at the time of the collision. Tanasevici, with no previous convictions, is expected to return to court in February to address two additional charges. Sentencing has been scheduled for March 6. A probation report has been ordered ahead of these proceedings.
2025-10-24 · Mayo
A Mayo man received a suspended sentence at Castlebar Circuit Criminal Court on 17 October for harassment spanning over a year. Brendan Rowland, aged 30, pleaded guilty to sending 14 malicious greeting cards to a couple in Swinford between December 2018 and December 2019. Judge Eoin Garavan noted that whilst 40 sinister cards were received in total, forensic evidence attributed only 14 to Rowland, suggesting an orchestrated campaign involving others. The cards included Mothers' Day and Christmas greetings, alongside messages signed "Joey" referencing the murder of Joe Deacy, aged 21, whose body was discovered at the recipients' home in August 2017. Judge Garavan imposed an 18-month sentence, suspended in full for two years, citing Rowland's guilty plea, apology, and rehabilitation efforts. Rowland was prohibited from approaching the Byrnes' residence or either individual within 500 metres for ten years. The judge expressed hope the matter would end the distress following Deacy's death.
2025-10-24 · Mayo
A man who struck and fatally injured a young pedestrian at a crossing in Ballina, County Mayo, has received a fully suspended sentence at Castlebar Circuit Criminal Court. James Moyles, aged thirty-three, died on February twentieth, two thousand twenty-four, after being hit by a car on Lord Edward Street whilst holding his four-year-old niece's hand. In his final moments, Mr Moyles pushed the child to safety from the oncoming vehicle. Keith O'Brien, aged fifty, of Lowvalley, Crossmolina, pleaded guilty to dangerous driving causing death. He received a suspended sentence of two and a half years and was disqualified from driving for ten years. Judge Eoin Garavan described Mr Moyles' final act as one of great selflessness, whilst characterising O'Brien as a good man who made a terrible error in judgment. The Moyles family issued a statement calling for improved road safety across Ireland.
2025-10-14 · Limerick
Alex Masuku, 34, was sentenced at Castlebar Circuit Criminal Court after pleading guilty to assault causing harm and possession of a weapon. The offences occurred at Cloonishlawn, Ballina, Co Mayo, on November 21, 2023. Judge Eoin Garavan noted that Masuku assaulted his friend in front of the victim's two-year-old daughter, causing facial injuries that required stitching, and threatened him with a hammer. Although Masuku claimed the attack was provoked by a video, the judge found no evidence such a video existed, describing the behaviour as baseless. Judge Garavan set a headline sentence of three years but reduced this to two years, fully suspended, citing mitigating factors including Masuku's 22-year crime-free record in Ireland and a probation report indicating low risk of re-offending. Masuku was ordered to pay €3,000 to the victim within six months and complete a MOVE course. He must also keep the peace for three years, undergo Probation Service supervision for one year, and undertake any advised mental health treatment. The court acknowledged the victim's ongoing stress and anxiety, as well as the trauma experienced by the child witness.
2025-10-13 · Mayo
A Mayo woman seriously injured when struck by a Bus Éireann van in Ballina last May has expressed no ill-feeling towards the driver. At Castlebar Circuit Criminal Court on Friday, the court heard that Ann Bourke was briefly trapped beneath the vehicle on Kevin Barry Street on 14 May 2024, sustaining fractures to her wrist, shoulder blade and ribs. She spent two months hospitalised and required surgical intervention, though she told the court she is making good recovery. John Regan, aged 41, of Mountain View, Ballybrooney, Killala, pleaded guilty to careless driving causing serious bodily harm. Judge Eoin Garavan imposed 150 hours community service in lieu of a seven-month sentence, describing the incident as a serious lapse of judgment that could have proven fatal. The judge commended both parties, noting that Regan, a family man with no previous convictions, had completed a pro-social driving course and that the two had met cordially for the first time at court.
2025-10-10 · Mayo
A man from Castlerea in County Roscommon has received a fully suspended sentence at Castlebar Circuit Criminal Court following what the judge described as a remarkable turnaround in his life. Ernest Ashman, aged 39, pleaded guilty to possession of almost one kilogramme of cannabis, valued at approximately €20,000, for sale or supply at Rathcluain, Kiltimagh, County Mayo on 3 October 2023. He was arrested following a traffic stop after gardaí observed his vehicle being driven erratically through a housing estate. Ashman was handed a two-year suspended sentence and disqualified from driving for six years. Judge Eoin Garavan imposed a headline sentence of three years but reduced it to two years in light of mitigating factors, including Ashman's rehabilitation efforts. The court heard that Ashman has since trained in addiction counselling to Level 7 qualification standard, now works in a community centre, and remains drug-free. He has been instructed to comply with probation supervision for one year and continue mental health counselling.
2025-07-11 · Mayo
A Brazilian man has received a three-year suspended sentence following an assault outside a Westport nightclub that left his victim requiring extensive dental treatment. Joao Hermino Sousa Correia, aged 23, of Middletown, Manulla, Castlebar, pleaded guilty to assault causing harm outside The Castle on Castlebar Street on December 17, 2023. The victim sustained a fractured jaw and deep lacerations after being struck with a pint glass, resulting in the loss of four teeth and an €11,000 dental bill. At Castlebar Circuit Criminal Court, Judge Eoin Garavan imposed the three-year sentence, fully suspended for eight years on condition Correia return to Brazil within two weeks and not re-enter Ireland. Correia was ordered to pay €8,000 towards the victim's dental costs within three years. The court also heard of a second glassing incident occurring minutes earlier at the same venue. Leonardo Rodrigo Jesus Rosa, aged 35, of Orlagh Grove, Castlebar, pleaded guilty to assault causing harm after throwing a glass on the dancefloor. Judge Garavan sentenced Rosa to 18 months and ordered 200 hours community service.
2025-07-11 · Mayo
Keith O'Brien, 49, of Lowvalley, Crossmolina, Co Mayo, pleaded guilty at Castlebar Circuit Criminal Court to a single count of dangerous driving causing the death of James Moyles, 33. The incident occurred on Lord Edward Street, Ballina, Co Mayo, on February 20, 2024. The plea was entered before Judge Eoin Garavan. The court noted that Mr O'Brien has no previous convictions and is a working father of two. The matter is currently at the sentencing stage, with the judge deferring the imposition of a penalty to allow for the preparation of a probation report. Consequently, the case was adjourned, and Mr O'Brien faces sentencing on October 23 of this year. No final sentence or disposal has been recorded at this procedural stage. The report attributes the allegation of dangerous driving to the prosecution, which the defendant admitted. The summary reflects the validated procedural stage of sentencing and the specific adjournment for a probation report, ensuring no accusation is presented as a final conviction beyond the guilty plea.
2025-07-11 · Mayo
A man has been convicted of defiling a child under 17 at his home in County Mayo six years ago. The accused, whose identity is protected to safeguard the complainant, pleaded not guilty to the charge. He was acquitted of a separate count of sexual assault arising from an incident at a staff party. Following a week-long trial at Castlebar Circuit Criminal Court, an all-male jury returned a 10–2 majority guilty verdict after deliberating for five and a half hours. The complainant was 16 years old at the time; the accused was 28. Judge Eoin Garavan remanded the accused on bail pending sentencing on 6 November, to allow time for a psychological report. The accused was ordered to sign on weekly at his local garda station. The judge commended the complainant's courage but reserved formal comments for the sentencing hearing.
2025-07-09 · Mayo
A man now aged 22 pleaded guilty at Castlebar Circuit Criminal Court to possessing child sexual abuse material discovered on his mother's laptop in County Mayo on 6 June 2018. He was 15 when gardaí found the illegal content after he reported to them that his device had been hacked as part of a sextortion attempt. The accused had been engaging in online exchanges with a hacker who subsequently infected the laptop with malware to extort money. Upon opening a video link, the screen displayed warnings and became inaccessible. He informed his mother and reported the matter to gardaí, leading to the laptop's examination by the Garda National Cyber Crime Bureau, which recovered the material from the recycle bin. Judge Eoin Garavan imposed a two-month sentence, suspended on completion of 100 hours community service within six months, citing the accused's age at the time of the offence, social isolation, and low reoffending risk. The case will be finalised on 7 November 2025. The accused was removed from the Sex Offenders' List.
2025-07-08 · Mayo
A 33-year-old man has pleaded not guilty to sexual assault and defilement of a child following an incident in County Mayo in July 2020. The trial, heard this week at Castlebar Circuit Criminal Court, was told the complainant was 16 years old at the time of the alleged offences, while the accused was 28. The defence argued the accused believed the complainant was over 18, citing her appearance, behaviour, and statements she made during a staff party. However, the court heard evidence from a witness who said she informed the accused of the complainant's actual age that night. The complainant testified the accused pressured her for sexual contact after the party. Both prosecution and defence have delivered closing submissions. Judge Eoin Garavan is to sum up to the jury today or tomorrow, after which the twelve jurors will consider their verdict.
2025-07-07 · Mayo
A 42-year-old Ballinrobe woman has admitted assaulting two gardaí at Claremorris Garda Station during an incident in June 2022. Rosemary Sweeney, of Bridge Street, pleaded guilty to two counts of assault causing harm at Castlebar Circuit Criminal Court. She is remanded in custody pending sentencing, which is scheduled for July 16. Judge Eoin Garavan ordered the preparation of a prison governor's report ahead of the sentencing hearing.
2025-07-03 · Mayo
A Ballina man has been sentenced to one year and four months in prison for stabbing another man with a broken beer bottle during an altercation in the town four years ago. Stephen Lawrence, aged 23, of Cloonishlawn pleaded guilty to assault causing harm to Oisín McCarron at Greenhills housing estate on 3 April 2021. Castlebar Circuit Criminal Court heard the incident occurred following a verbal and physical row between the two men, then teenagers, after a night of drinking. Judge Eoin Garavan noted elements of provocation and that both parties had been involved in the altercation. The victim suffered deep lacerations to his face, jaw and neck requiring plastic surgery and continues to experience psychological trauma. A family contribution of €5,000 was presented to court in recognition of the harm caused. The judge acknowledged Lawrence's genuine remorse, stable family background and lack of previous convictions. The sentence, comprising two years and three months with eleven months suspended for two years, was backdated to September 2024.
2025-07-02 · Mayo
A man aged 33 has pleaded not guilty to charges of sexually assaulting a teenage girl at a staff party in County Mayo in July 2020. The trial is taking place at Castlebar Circuit Criminal Court before Judge Eoin Garavan and an all-male jury. The complainant, now aged 21, gave evidence that she was 16 at the time and had consumed several bottles of cider during the event. She alleged the accused, whom she had not previously met, engaged in sexual contact with her in a bathroom and later in an alleyway without her consent. The woman told the court she objected to the contact and pushed the man away. The defendant faces two counts: sexual assault at the party premises on 14 to 15 July 2020, and defilement of a child under 17 at a separate address on 15 July 2020. He denies both charges. The trial is expected to continue for several days.
2025-07-02 · Mayo
Gerry Norman, a 24-year-old abattoir worker from Ballina, Co Mayo, has been sentenced to four years imprisonment with the final two years suspended at Castlebar Circuit Criminal Court. He pleaded guilty to assault causing serious harm to one man and assault causing harm to another following an unprovoked attack in Diamond's carpark, Ballina on 19 December 2021. Judge Eoin Garavan described the incident as random and fuelled by alcohol and cocaine, noting that one victim sustained a skull fracture and brain bleed, resulting in permanent hearing loss and tinnitus. The judge acknowledged mitigating factors including Norman's lack of prior convictions, completion of an anger management course, and demonstrated commitment to addressing substance abuse. Norman has offered €15,000 in total compensation to the victims. He was ordered to keep the peace for two years upon release.
2025-07-01 · Mayo
A man from Castlebar has pleaded guilty to sharing intimate images of a woman without her consent on two separate occasions. Daniel Humphreys, aged 38 and residing on McHale Road, admitted the offences at Castlebar Circuit Criminal Court, which fall under legislation commonly known as Coco's Law. The incidents occurred on October 6, 2021 and around June 1, 2022. Humphreys also pleaded guilty to harassment of the same woman spanning from February 11, 2021 to June 1, 2022 across various locations. He has no previous convictions. Judge Eoin Garavan ordered both psychological and probation reports to assist in sentencing. The case has been adjourned, with a sentence hearing scheduled for October 21.
2025-07-01 · Mayo
A 33-year-old man from County Mayo has pleaded not guilty to charges of sexual assault and child defilement at Castlebar Circuit Criminal Court. He denies sexually assaulting a female at a county address between 14 and 15 July 2020, and separately denies defiling a child under 17 at another location on 15 July 2020. The defence indicated the alleged incidents occurred at a work or office gathering. A jury of twelve was sworn in by Judge Eoin Garavan, with the trial expected to conclude within three days.
2021-11-09 · Mayo
Two brothers whose guilty pleas were entered at Castlebar Circuit Criminal Court in October 2019 have had their sentences reviewed at the Court of Appeal following challenges on grounds of severity and insufficient weight given to mitigating circumstances. The older brother, convicted of sexually assaulting his sister in 2007-2008 when he was aged 19 to 20, received a three-and-a-half-year sentence with the final 12 months suspended. The younger brother, aged 15 at the time of his offence under child protection legislation, was sentenced to two years with nine months suspended. On appeal, the younger brother's sentence was found to be too severe by the three-judge court, which directed his immediate release subject to probation supervision for 18 months. His suspended portion commenced on 19 November. The older brother's appeal was dismissed, with the court finding the custodial term fell within appropriate judicial discretion.
2020-09-21 · Mayo
A man from Claremorris in County Mayo has had his prison sentence reduced following a successful appeal against its severity. Mark Walsh, now aged 32, was originally sentenced to five years imprisonment, with the final year suspended, at Castlebar Circuit Criminal Court in October 2019 after pleading guilty to six counts of sexual assault against a young girl committed between 2006 and 2010. The Court of Appeal today reduced his sentence to four years imprisonment with the final year suspended. The three-judge panel found that the sentencing judge had failed to adequately consider Walsh's age at the time of the offences, when he was between 17 and 18 years old. The court also determined that the headline sentence of six years had been set too high and that significant mitigating factors had not been properly weighed. Walsh's sentence is now to be suspended for a period of three years.
2020-06-11 · Mayo
The Court of Appeal has refused the Director of Public Prosecutions' challenge to a suspended sentence imposed on a 78-year-old man convicted of child pornography offences. The man, formerly of Clare Island, County Mayo, was sentenced to two years wholly suspended at Castlebar Circuit Criminal Court in February 2019 after gardaí discovered 586 video clips and 365 images of child sexual abuse material on his laptop in September 2016. The DPP argued the sentence was unduly lenient and failed to adequately consider deterrence. However, the three-judge Court of Appeal panel, presided over by Justice George Birmingham, found the sentencing judge had approached the matter with care and properly considered substantial mitigating factors. These included the man's own experience of serious childhood sexual abuse, his advanced age, his mental health concerns, and the significant consequences he had already faced, including losing his home and long marriage. The court dismissed the appeal, finding the sentence fell within the permissible range.
2019-04-29 · Mayo
A former garda has failed in his appeal against a two-year prison sentence for sexually assaulting a sleeping woman at a Mayo hotel in July 2015. The 37-year-old man pleaded guilty to the offence at Castlebar Circuit Criminal Court after initially maintaining his innocence. He was subsequently dismissed from An Garda Síochána following his guilty plea. The Court of Appeal upheld the sentence today, with Ms Justice Marie Baker finding the sentencing judge's approach sound. The original sentence was based on a four-year headline term with a 50 per cent reduction applied for mitigating factors including the man's prior good character and expressions of remorse. Ms Justice Baker stated the discount was appropriate and potentially "generous". She noted the gravity of the offence and the late guilty plea justified a custodial sentence without suspension. The three-judge court found no error in principle and dismissed the appeal. The unnamed 37-year-old pleaded not guilty.
2018-10-22 · Mayo
A man from Kiltimagh, County Mayo, has failed in his appeal against a five-year prison sentence imposed for dangerous driving. Martin Maughan (32) was convicted by jury at Castlebar Circuit Criminal Court in June 2017 of two counts of endangerment following incidents in the Kiltimagh area on 11 February 2016. During the offences, Maughan reversed a vehicle at speed, nearly striking two pedestrians on an evening walk, subsequently drove with excessive speed whilst crossing continuous white lines and navigated a sharp bend on the incorrect side of the road, forcing oncoming vehicles onto the verge. He was subject to multiple driving bans at the time and held 85 previous convictions, including 54 road traffic matters. The Court of Appeal, sitting at Castlebar, dismissed the appeal today, finding the sentence severe but not so severe as to warrant intervention, given the gravity of offending and his extensive driving-related criminal history. Martin Maughan pleaded not guilty.
2018-05-10 · Mayo
A man from Ballyhaunis, County Mayo, has had his five-year prison sentence reduced to twelve months following a successful appeal against his original sentence. Thomas Folliard was convicted at Castlebar Circuit Criminal Court of sexually exploiting a child in January 2016 after approaching a thirteen-year-old boy on a street in a Mayo town and offering him fifty euros for sex. The boy refused and reported the incident to his mother, who contacted gardaí. The Court of Appeal upheld his conviction, finding the trial satisfactory and the verdict sound. CCTV footage from a shopping centre and public building proved significant in establishing Folliard's presence and movements. However, the three-judge court deemed the offence fell at the lower end of the sentencing spectrum, noting the contact was brief, conducted in daylight on a busy street, and limited to verbal propositions. Folliard's previously unblemished character and community involvement influenced the sentencing decision. Thomas Folliard pleaded not guilty.
2018-02-27 · Mayo
Thomas Folliard, aged 63, of Church Road, Aughamore, Ballyhaunis, County Mayo, has moved to appeal his conviction for sexual exploitation of a child at the Court of Appeal. He was sentenced to five years imprisonment by Judge Rory McCabe in October 2017 following his conviction at Castlebar Circuit Criminal Court. The charge related to an alleged incident in January 2016 in which Folliard allegedly offered €50 to a 13-year-old boy for sex. His legal representatives argue the case exhibits characteristics of a miscarriage of justice, citing the gardaí's failure to conduct a formal identification parade and the manner in which CCTV footage was presented to the complainant. Counsel for the Director of Public Prosecutions maintained the evidence was compelling and the complainant's account consistent throughout proceedings. The three-judge panel, chaired by Mr Justice George Birmingham, reserved judgment. Thomas Folliard pleaded not guilty.
2017-12-04 · Mayo
The Court of Appeal has dismissed an appeal against the severity of a 15-year prison sentence imposed on Michael Maughan for aggravated burglary. Maughan, aged 24, pleaded guilty to breaking into the caravan of Martin and Winnie McDonagh on Turlough Road, Castlebar, on November 18, 2013. During the attack, Maughan allegedly used a machete to slash the occupants, including an 11-year-old child, causing severe lacerations. The original sentence was handed down by Judge Rory McCabe at Castlebar Circuit Criminal Court on February 19, 2016. On appeal, counsel for the Director of Public Prosecutions argued the offence was among the most serious possible, while the defence compared it to a less severe Tipperary case. The three-judge panel, led by Mr Justice George Birmingham, rejected this comparison, stating both cases represented the highest level of seriousness for aggravated burglary. The court noted that Maughan was also sentenced on four other bills of indictment for violent disorders and robbery committed after the caravan attack. Judge McCabe had imposed concurrent sentences for these additional offences, made consecutive to the aggravated burglary term but suspended in their entirety. The Court of Appeal found that the 15-year sentence for the aggravated burglary fell within the appropriate range and that no error in principle was identified, thereby upholding the original custodial term.
2017-07-03 · Mayo
A man has had the suspended portion of his sentence for aggravated burglary increased by the Court of Appeal following an undue leniency review. Andrzej Topolski, aged 50 and formerly of Castlebar, County Mayo, had pleaded guilty to aggravated burglary at his former wife's home in Blackfort Manor, Castlebar on 22 March 2015. The Circuit Court had sentenced him to three years in July 2016, suspending the unserved balance after he had spent eleven months in custody awaiting trial. The Court of Appeal increased the suspended sentence to five years. Mr Justice George Birmingham noted the offence occurred in a domestic context following the breakdown of Topolski's marriage, though the court determined a higher starting point of seven years would have been more appropriate. The judge acknowledged Topolski had secured employment as a stone mason during seventeen months at liberty and found that immediate incarceration would be unduly harsh. Topolski was ordered to undertake good behaviour and maintain no contact with the injured party or his former wife for five years.
2017-06-19 · Mayo
A 78-year-old American resident has had his prison sentence reduced following a successful appeal at the Court of Appeal in Dublin. The man, who cannot be identified for legal reasons, pleaded guilty at Castlebar Circuit Criminal Court to sexual assault, possession of child pornography, and attempted buggery of a minor between 2000 and 2005. He was originally sentenced to eight-and-a-half years imprisonment in June 2016. The Court of Appeal reduced his sentence to five years, finding that the sentencing judge had insufficiently considered his age and serious medical conditions, which render him largely wheelchair dependent. Mr Justice Alan Mahon stated that while the offences were very serious and involved grooming and abuse of a teenager, courts must give appropriate consideration to the health difficulties of elderly offenders. The three-judge court determined that without these mitigating factors, a sentence of approximately eight years would have been imposed.
2017-05-11 · Cork
A man convicted of sexually exploiting a child online has had his sentence reduced on appeal at the Court of Appeal. The defendant, aged 23, with an address in County Cork, had pleaded guilty at Castlebar Circuit Criminal Court to five counts of child exploitation occurring in April 2012. He was originally sentenced to seven years imprisonment, with the final two years suspended, in February 2016. Following his appeal, Mr Justice Alan Mahon reduced the sentence to five-and-a-half years, with the final two years suspended. The court heard the defendant was nearly 19 when he engaged in online sexual contact with a 12-year-old victim via video conversation. He accepted continuing contact after learning the victim's true age and requiring her to remove clothing and engage in sexual acts. The judge noted the defendant had previous convictions for sexual assault of an adult woman, describing him as "a significant threat to women" at a young age.
2016-02-01 · Mayo
A man from Erris, County Mayo, will face a retrial following the Court of Appeal's decision to quash his careless driving conviction. Brendan Hegarty, aged 51, had been convicted at Castlebar Circuit Criminal Court of careless driving causing serious injury arising from a road traffic incident on the N59 near Ballina on 14 October 2013. He had been fined €5,000 and disqualified from driving for twelve months. Mr Hegarty appealed his conviction, challenging whether proper statutory procedures governing majority jury verdicts had been followed. The Director of Public Prosecutions subsequently advised the Court of Appeal that it would not be defending the conviction. Mr Justice George Birmingham, sitting with two colleagues, found sufficient doubt over the majority verdict to quash the conviction and ordered a retrial. The original incident involved a collision between a Volkswagen Transporter van driven by Mr Hegarty and a Ford Transit van driven by another motorist.
2016-01-19 · Mayo
Michael McMahon has been denied a reduction to his nine-year jail sentence following an appeal heard in the Court of Appeal. McMahon, aged 49 and resident in County Louth, pleaded guilty at Castlebar Circuit Criminal Court to assaulting Seán Lavelle and falsely imprisoning Mr and Mrs Lavelle at their Achill Island home on 14 February 2010. He received a twelve-year term with the final three years suspended in January 2012. His appeal against sentence severity was dismissed on grounds that the trial judge had not sufficiently considered his offer of compensation to the victims. Mr Justice Garrett Sheehan stated the couple had returned home to find two masked intruders who tied and beat Mr Lavelle and restrained Mrs Lavelle. Both victims reported lasting psychological trauma. McMahon's offered compensation of €20,000 was rejected by the injured parties. The court found no error in sentencing and dismissed the appeal unanimously.
2015-06-25 · Mayo
Four men convicted of assaulting two off-duty gardaí at Charlestown in June 2012 have been imprisoned following a successful appeal by the Director of Public Prosecution against their original suspended sentences. Nico Barrett, aged 22, of Humbert Street, Sligo; David Leonard, aged 32, formerly of Rhue, Sligo; Daniel Phelan, aged 23, of Tower Crescent, Connolly Park, Sligo; and David Skeffington, aged 23, of Rathscanlon, Charlestown Road, Tubbercurry, had pleaded guilty to assault causing harm at Castlebar Circuit Criminal Court. The trial judge imposed three-year suspended sentences on Barrett, Leonard, and Skeffington, and a two-year suspended sentence on Phelan in October 2014. The Court of Appeal found the sentences unduly lenient. Mr Justice John Edwards, speaking for the three-judge court, stated that custodial sentences were unavoidable and that assaults on peace officers must be severely punished. Barrett received 14 months imprisonment, whilst the other three received 12 months each.