Court archive
Clonmel Circuit Criminal Court
2024-01-18 · Tipperary
A 44‑year‑old social worker who brought a 16‑year‑old boy in State care to her home and sexually defiled him was convicted and jailed for four years, with the final two years suspended, by a jury after an 11‑day trial. She appealed, arguing that Facebook messages exchanged with the boy should not have been admitted because the State's request for the messages was made under the wrong section of a 2008 treaty on mutual legal assistance between Ireland and the United States. The appeal was dismissed by Justice Tara Burns, who held that the treaty required the transmission of the request by the Department of Justice, not the drafting, and that the material, though extending beyond the original timeframe, was still admissible. The conviction remains in force, and the social worker will serve the remaining two years of her sentence. The unnamed 44-year-old pleaded not guilty.
2023-10-23 · Tipperary
A 44‑year‑old social worker, whose name is withheld to protect the victim, was jailed for four years, with the final two years suspended, for sexually defiling a 16‑year‑old boy in her care at a midlands school. The offence occurred between 1 April and 15 May 2016 when the boy was at her home. She pleaded not guilty but was convicted by a jury after an 11‑day trial. She has appealed the conviction, arguing that Facebook messages exchanged with the boy, which were used as evidence, were obtained under the wrong section of the 2008 Ireland/US Mutual Assistance Treaty. The appeal contends that the request for the messages was made by the Director of Public Prosecutions rather than the Central Authority, and that the certificate of authenticity for the material was flawed. The Court of Appeal has reserved its judgment on the matter.
2021-11-15 · Cork
Michael O'Regan, 43, pleaded guilty to sexual exploitation of a 14‑year‑old girl with Down's syndrome, asking her to send pictures of her breasts. He was sentenced to seven months in prison at Clonmel Circuit Criminal Court, a term described by Judge Eoin Garavan as "utterly exploitative" and "reprehensible". The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and lacked deterrence, citing O'Regan's 35 prior convictions for similar offences between 2016 and 2017. The Court of Appeal, hearing the appeal on 15 November 2021, rejected the request to increase the term. O'Regan's seven‑month sentence was to run consecutively with earlier sentences, a point noted by the court as a deterrent. The case highlights the court's decision to uphold the original seven‑month term despite the DPP's appeal.
2021-06-18 · Tipperary
In a 2021 appeal, a 73‑year‑old man who was convicted in 2019 of indecent assault on his sister‑in‑law, then six, seeks to overturn his three‑year sentence. He argues that background evidence of a 1973 incident, described as "grooming," was improperly introduced at trial. The evidence involved an alleged incident at a christening where the victim, then four, was observed by the defendant and his sister‑in‑law, who allegedly called her a "dirty girl." The appellant's counsel contended that this incident was unrelated to the later indecent assaults, which involved digital penetration, and that it was not a crime at the time. The State maintained that the incident was relevant to the defendant's intent and the victim's perception of the abuse. The Court of Appeal will consider the appeal. The unnamed 73-year-old pleaded not guilty.
2019-07-22 · Tipperary
Wesley Purse, a 41‑year‑old Welshman, was found cultivating 112 cannabis plants in County Tipperary while he was supposed to be serving a 12‑year sentence in the UK. He pleaded guilty to possession and cultivation of €42,000 worth of cannabis at Rossadrehid on 3 May 2017. The Clonmel Circuit Criminal Court sentenced him to five years' imprisonment on 29 June 2018, a sentence upheld by the Court of Appeal on 22 July 2019. In the appeal hearing, Justice Máire Whelan noted that Purse had initially given a false name to Gardaí and claimed coercion by a gang in Cork, but the claim was undermined by the fact that the name was an alias he used elsewhere. She highlighted that Purse had 92 prior convictions, including 13 drug offences, and that he committed the offence while he was supposed to be in prison in the UK.
2019-06-21 · Tipperary
Wales-born Wesley Purse, 40, was convicted in Clonmel Circuit Criminal Court for possessing and cultivating €42,000 worth of cannabis in Rossadrehid, County Tipperary. He received a five‑year prison sentence on 29 June 2018, a term he now seeks to appeal in the Court of Appeal. Purse, who had 92 prior convictions, was also "at large" from a 12‑year sentence imposed in Stafford Crown Court, England, when he was arrested in Tipperary. His barrister, Philip Sheahan SC, argued that the headline sentences of eight years for possession and six years for cultivation were excessive, noting that the plants were at various stages of production and that the €42,000 valuation was not comparable to higher‑valued cases. The Court of Appeal heard the arguments and reserved judgment. The case remains at the appeal stage, with no further outcome announced. Wesley Purse pleaded guilty.
2019-03-04 · Tipperary
Wayne O'Dwyer, aged 30, pleaded guilty to robbery at the Eurogiant store in Carrick‑on‑Suir on 31 March 2016. He threatened a female shop assistant, demanding €250 and the till, and was sentenced to seven years' imprisonment with the final three years suspended by Judge Thomas Teehan on 15 December 2017. O'Dwyer's lawyers argued the judge sought to make an example of him because of the perceived rise in violent crime in the town. The Court of Appeal, led by Justice John Edwards, rejected this claim, stating the judge was entitled to consider general deterrence as a sentencing objective and that the sentence was not disproportionate. The appeal was dismissed, confirming the seven‑year headline sentence with a three‑year suspended portion and the effective custody term as imposed.
2018-11-12 · Tipperary
Sean Healy, a 28‑year‑old from Beechpark, Cahir, withdrew an appeal against a €20,000 compensation order after the Court of Appeal warned that custody could be reconsidered if he proceeded. Healy had pleaded guilty to assault causing harm to former hackney driver John Bailey in March 2017. Bailey, who had run a hackney in the Burncourt area, ended his business after the assault. Healy received a wholly suspended three‑and‑a‑half‑year sentence and was ordered to pay €20,000, with a two‑year payment period. His barrister sought to limit the appeal to the compensation order, citing the amount's burden. The Court of Appeal's President, Mr Justice George Birmingham, reminded the counsel that all aspects of the sentence, including the suspended term, could be considered, potentially bringing custody back into play. Following this, Healy chose to withdraw the appeal.
2018-05-11 · Tipperary
In 2014, 21‑year‑old Graham Meagher of Kilcaroon, Clogheen, pleaded guilty to assault causing serious harm to 66‑year‑old PJ Kelly at Meagher's home. Meagher struck Kelly with a poker stand, shouting "die you bastard, die," resulting in severe brain damage that left Kelly unable to communicate and now in residential care. Meagher was sentenced to eight years' imprisonment, with the final two years suspended, by Judge Thomas Teehan in 2016. On 11 May 2018, the Court of Appeal dismissed Meagher's appeal, confirming the sentence as appropriate for a serious assault. The appeal court noted the assault was out of character for Meagher, who had no prior violent convictions, and that the victim's injuries were devastating and life‑altering. The decision upheld the original eight‑year term with two years suspended.
2018-04-26 · Cork
Don Duggan, aged 30, had 28 prior burglary convictions and pleaded guilty to burglary in Tipperary and a threat to kill on 23 December 2015. He received a ten‑year sentence with four years suspended, imposed by Judge Thomas Teehan at Clonmel Circuit Criminal Court on 11 May 2016. He also pleaded guilty to several burglaries between 18 and 24 August 2015 and was given a six‑year sentence with three years suspended, imposed by the same judge at Nenagh Circuit Criminal Court on 17 June 2016. The sentences were consecutive. Duggan appealed both sentences, but the Court of Appeal dismissed the appeal, holding the sentences were appropriate. The Court noted the victim's fear for her 10‑year‑old son, the threat of shooting, and Duggan's history of 115 convictions, including 28 for burglary, 13 for theft, and four for robbery with violence. The Court found no error of principle and affirmed the consecutive sentences.
2017-12-18 · Tipperary
James Conlon, a 35-year-old from Clonmel, Co Tipperary, had his jail term reduced on appeal after pleading not guilty to two counts of attempting to pervert the course of justice. The offences occurred during the investigation into the 2012 murder of Shane Rossiter. Conlon was originally found guilty by a jury at Clonmel Circuit Criminal Court and sentenced to eight years imprisonment, with the final year suspended, by Judge Thomas Teehan in February 2012. The Court of Appeal, presided over by Mr Justice George Birmingham alongside Mr Justice Alan Mahon and Mr Justice John Edwards, quashed these sentences. The court substituted new terms of four years and three years imprisonment to run concurrently, resulting in an effective four-year term. The appeal judgment noted that Conlon and Maurice Power, who was convicted of Rossiter's murder at the Central Criminal Court in 2014, sought to remove a computer chip from a CCTV system. Conlon also allegedly sought to dissuade a potential witness from giving evidence. While the court acknowledged the seriousness of perverting justice in a murder case, it found the original sentencing range inappropriately high, noting the absence of violence, threats, or intimidation.
2017-03-02 · Dublin
In 2015, seven men pleaded guilty to aggravated burglary at the Corcoran family home in south Tipperary. Five of them—Patrick Gately, Dean Byrne, John Joyce, Patrick Joyce and Thomas Flynn—received sentences ranging from 12 to 20 years, with varying suspended portions. The men appealed in 2017, arguing that the sentences were too severe. Counsel highlighted each defendant's background, remorse, and the nature of the offence, noting the presence of a machete, firearms, and threats against children. The Court of Appeal reserved judgment, with the judges acknowledging the seriousness of the crime and the impact on the Corcoran family. The appeal focused on the proportionality of the sentences and the application of remission, without addressing any subsequent outcomes. The case remains at the appellate stage.
2017-01-23 · Dublin
In a case heard at the Clonmel Circuit Criminal Court, Romanian national Duku Popovici, aged 43, was found guilty of aggravated burglary at the home of James and Sarah Quigley in Carrick-on-Suir, Co. Tipperary, on 26 September 2013. The jury convicted him of aggravated burglary, and Judge Tom Teehan sentenced him to 12 years' imprisonment, suspending the final two years. The Court of Appeal, hearing the appeal on 23 January 2017, reduced the headline sentence to nine years' imprisonment, again suspending the final two years. The appeal was based on the judge's error in setting the headline sentence and in imposing a sentence twice that of the co‑accused. The Court of Appeal upheld the conviction and the revised sentence, dismissing the appeal for conviction. The case involved a violent confrontation in the Quigley home, with Popovici allegedly threatening the occupants with a spanner and a second intruder striking the victim. Duku Popovici pleaded not guilty.
2016-12-20 · Dublin
The Court of Appeal has dismissed the appeal against conviction lodged by Duku Popovici, a 43-year-old Romanian national from Cabra Park, Dublin 7. Popovici had pleaded not guilty to aggravated burglary at the home of James and Sarah Quigley in Carrick-on-Suir, Co Tipperary, on September 26, 2013. He was previously found guilty by a jury at Clonmel Circuit Criminal Court and sentenced to 12 years imprisonment, with the final two years suspended, by Judge Tom Teehan on July 23, 2015. During the appeal, Popovici's legal team argued that the trial judge failed to properly direct the jury on the lesser charge of attempted burglary, asserting that the defence case was that Popovici was never inside the house. However, Mr Justice Garrett Sheehan, sitting with Mr Justice George Birmingham and Mr Justice Alan Mahon, rejected this argument. The court noted that the trial judge's charge was succinct and that it would have been perverse not to convict of attempted burglary if the jury were not satisfied of aggravated burglary. The appeal was dismissed on all grounds, upholding the original conviction and sentence.
2016-12-12 · Dublin
In 2013, five men—Patrick Gately (29), Dean Byrne (23), John Joyce (22), Patrick Joyce (24), and Thomas Flynn (22)—pleaded guilty to aggravated burglary at the Corcoran family home in south Tipperary. Judge Thomas Teehan sentenced them on 1 October 2015: Gately and Byrne received 20‑year terms with the last four years suspended; Joyce received 15 years with four suspended; Patrick Joyce received 14 years with four suspended; Flynn received 12 years consecutive to a sentence already served. All five have appealed the severity of their sentences. The Court of Appeal set a hearing for 2 March, with submissions lodged except for Gately, who had a legal‑aid certificate transferred to a new solicitor. The appeal will consider whether the sentences are too harsh. The case remains at the appeal stage.
2016-11-01 · Tipperary
Maurice Power, 33, of Kilmoyler, Cahir, was found guilty of dangerous driving causing serious bodily harm to Mrs Fiona O'Connell on 12 November 2012. He was driving three times over the legal limit, without insurance, and while disqualified. The incident occurred at about 5 a.m. on the Fethard Road, Co. Tipperary, when Power's vehicle lost control, crossed a boundary wall and carried Mrs O'Connell into an institution's grounds. She suffered severe injuries, including a leg that required amputation after 14 operations, and spent four months in hospital. Power was sentenced by Judge Thomas Teehan on 31 July 2013 to seven years' imprisonment, with the final 12 months suspended, and a 25‑year driving disqualification. He appealed the sentence, arguing the judge had over‑penalised him and ignored mitigating factors. Judge Garrett Sheehan, with Justices George Birmingham and Alan Mahon, dismissed the appeal, stating the sentence was appropriate given the aggravating circumstances and the victim's injuries.
2016-07-22 · Limerick
In April 2011, Melvin McNamara (36), Michael Fogarty (45) and Noel Markham (41) attempted to rob Tadgh O'Flynn Jewellers in Nenagh. McNamara and Markham entered the shop in hoodies and balaclavas, while Fogarty stayed in a stolen VW Passat with false plates. McNamara brandished a firearm and Markham approached the window display. During a struggle, Markham shouted to McNamara to "shoot him"; McNamara fired a shot that lodged in the wall above the shopkeeper's head, though the gun was real. The shopkeeper pressed the panic button and pushed the gun down. The men fled in the getaway car, which Fogarty drove at high speed, leading to a 61‑km pursuit at 180‑200 km/h. The vehicle was eventually stopped in a farm yard. McNamara received a 10‑year sentence, Markham nine years and Fogarty eight years, all of which were upheld on appeal. The Court of Appeal confirmed the sentences were within the appropriate range and found no error. Melvin McNamara pleaded guilty. Michael Fogarty pleaded guilty. Noel Markham pleaded guilty.
2015-10-19 · Tipperary
Gerard Mounsey, 47, of Knockshegowna, Ballingarry, Nenagh, Tipperary, was found guilty in 2014 of eight counts of knowingly or wilfully filing incorrect income tax returns for the years 2003 to 2009. He was acquitted on one count and convicted on seven, receiving a suspended 18‑month prison sentence and a €10,000 fine. Mounsey appealed, and on 19 October 2015 the Court of Appeal quashed his conviction. The appeal court held that the conviction could not stand, citing that the tax liability for the relevant years had not been finally determined at the time of trial. The court also noted that the evidence of tax assessments was presented as opinion evidence, and that the defence had been inadequately engaged with the issue. The judgment was delivered by Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon. Gerard Mounsey pleaded not guilty.
2015-07-06 · Tipperary
Vasile Stratan, a 35‑year‑old Moldovan who had been in Ireland for only four days, pleaded guilty to burglary at a Carrick‑on‑Suir home on 26 September 2013. He was sentenced to six years' imprisonment by Judge Thomas Teehan on 13 March 2014. Stratan claimed he travelled to the scene on the "promise of working in a circus" and that he was merely "casing houses", not the organiser of the offence. His barrister, Pauline Walley, argued that the sentencing judge had not considered his guilty plea, lack of prior convictions, health problems and his status as a non‑national with no English. On appeal, Justice Seán Ryan agreed that the judge had erred in not giving weight to these factors and, with some reluctance, ordered that the final 18 months of the sentence be suspended, leaving Stratan with a reduced custodial term. The appeal did not alter the assessment of the crime itself.
2015-06-05 · Tipperary
A 21‑year‑old Tipperary man, who pleaded guilty to having sex with a 13‑year‑old babysitter when he was 15, was sentenced to three‑and‑a‑half years' imprisonment on 12 June 2013. The case involved the babysitter being assaulted by the man and a co‑accused after they entered her home. The judge described the offence as very serious and noted that the co‑accused had not reoffended, whereas the appellant had 31 prior convictions. The appeal focused on the difference between the appellant's sentence and that of the co‑accused, who received a fully suspended sentence. The Court of Appeal, sitting with Justices John Edwards and Alan Mahon, dismissed the appeal, upholding the original sentence and the judge's decision to impose no suspended portion for the appellant. The appeal was rejected on 5 June 2015.