Court archive
Cork Circuit Court
2022-10-10 · Cork
The Court of Criminal Appeal has quashed the previous sentence of Miren Rakovac, a 33-year-old man from Cork, following a successful appeal by the State regarding an unduly lenient sentence. Rakovac had pleaded guilty at Cork Circuit Court in November 2021 to possessing cocaine, cannabis, and €35,000 in cash, which was identified as proceeds of criminal activity. In February of this year, Judge Dara Hayes sentenced him to two years and six months, suspending the final 18 months to encourage rehabilitation. The State argued that this suspension and the treatment of the cash possession were departures from sentencing norms. In an ex tempore judgment, Mr Justice John Edwards, speaking for the three-judge court, agreed with the appellant. The court found that the 18-month suspended portion was out of the norm and that the possession of the €35,000 constituted a standalone offence requiring a separate sentence. Consequently, the court quashed the original conviction and re-sentenced Rakovac to two years and six months on both charges. The final six months of each sentence were suspended for one year. This decision increases his effective custody period compared to the original ruling, which had suspended 18 months.
2020-06-15 · Cork
A father has appealed his conviction for the sexual assault of his 19-year-old daughter, which allegedly occurred on Christmas morning in 2018. The appellant, who cannot be named to protect his daughter's identity, was found guilty by a jury at Cork Circuit Court last year. Judge Brian O'Callaghan sentenced him to two years in prison. He had no previous convictions or allegations of sexual assault. His barrister, Sean Guerin SC, argued before the Court of Appeal that the trial judge erred in refusing to allow the defence to put a diary found in the complainant's room to her. The diary contained the words 'Hate Dad', which counsel contended evidenced 'pre-existing malice' and a potential motive for a false allegation. Mr Guerin further submitted that the judge erred in his treatment of corroboration, specifically by failing to warn the jury of the weakness of corroboration based on the complainant's demeanour. He noted she had consumed alcohol and that her upset could be explained by other factors. The DPP's counsel, Imelda Kelly BL, countered that the judge's ruling on the diary was preliminary and that the issue of corroboration was not raised with the trial judge after the charge. The appeal was heard by Court President Mr Justice George Birmingham, presiding with Mr Justice John Edwards and Ms Justice Isobel Kennedy. The matter was adjourned, with the court to deliver its judgement at a later date.
2014-10-20 · Cork
In August 2013, Jesus Ramon Rea Rosales, 41, Master of the Spanish fishing vessel Armaven Dos, was detained by Sea‑Fisheries Protection Officers after it was discovered he had 11,888 kg of monkfish on board, exceeding the permitted 7,344 kg. He pleaded guilty in Cork Circuit Court, was fined €2,500, and had €92,500 worth of catch and equipment forfeited under Sea Fisheries and Maritime legislation. Rosales appealed to the Court of Criminal Appeal, arguing that none of the gear should have been forfeited because it was unrelated to the offence. The Court, presided over by Ms Justice Elizabeth Dunne with Ms Justice Mary Finlay‑Geoghegan and Mr Justice Michael Moriarty, rejected the appeal. The court held that penal statute must be interpreted strictly, and that any fish or fishing gear found on the boat to which the offence relates is liable to forfeiture, making forfeiture mandatory for all the fish and gear involved.