Karl Humphries, 40, of Bishopstown, Cork, was convicted in July 2021 of three counts of possession of cannabis worth about €58,000 for sale or supply. The case stemmed from a Garda sting on 25 July 2012 when a bag of 9.74 kg of cannabis resin was found concealed in a ditch at Watergrasshill. Humphries claimed he was in the area hunting rabbits, but the jury rejected this defence by a ten‑to‑two majority. Judge Seán Ó Donnabháin sentenced him to ten years' imprisonment, with the final two years suspended. In the Court of Appeal, Humphries' counsel argued the judge over‑emphasised aggravating factors and failed to consider his lack of prior convictions. The Director of Public Prosecutions countered that the Misuse of Drugs Act required a minimum ten‑year sentence absent exceptional circumstances. Judge Michael MacGrath upheld the original sentence, dismissing all appeal grounds. The case remains at the appellate stage. Karl Humphries pleaded not guilty.
Karl Humphries, 40, of Bishopstown, was convicted in July 2021 of three counts of possession of cannabis worth about €58,000 for sale or supply. He claimed he was out hunting rabbits in Watergrasshill on 25 July 2012 when a Garda sting operation found a 9.74‑kg bag of cannabis under a hedge. Humphries denied any involvement in the drug trade, stating he never touched the bag and that he was simply searching for it. He pleaded not guilty and was found guilty by a 10‑2 jury. Judge Seán Ó Donnabháin sentenced him to 10 years' imprisonment, with the final two years suspended. Humphries appealed on grounds that the judge failed to properly explain inferences, the standard of proof and the elements of sale or supply. The three‑judge court dismissed all three grounds and upheld the conviction and sentence.
Paul Coen, 47, of Templemany, Buttevant, was sentenced in May 2021 to four years' imprisonment with the last year suspended for dangerous driving causing serious bodily harm after a head‑on collision at Quartertown Upper, Mallow, where a woman was seriously injured and air‑lifted to hospital. He also received six months' imprisonment for refusing to provide a urine or blood sample to Gardaí. The judge imposed a 10‑year driving ban, describing the crash as "like a bomb exploding." Coen's counsel argued the ban was unduly punitive, citing his mental health issues and rural employment needs. At the Court of Appeal, the ban was reduced by three years to seven, while the sentence remained unchanged. The appeal decision acknowledged the serious injuries sustained by the victim and the impact on her life, but also considered Coen's personal circumstances and the need for rehabilitation. Paul Coen pleaded guilty.
Martin Feehan, 42, was convicted of dangerous driving causing serious bodily harm after his Citroen Berlingo collided with on‑coming traffic during an overtaking manoeuvre on the Mallow‑to‑Cork road at Granagh on 16 February 2015. The crash left his passenger, 40‑year‑old Brid Hallihan, with a broken pelvis and months of hospital treatment. Prosecutors alleged Feehan was driving too fast and lost control when the overtaking lane merged with a slower lane, causing his vehicle to cross the carriageway. A jury found him guilty and Judge Seán Ó Donnabháin imposed a three‑year suspended sentence and a 20‑year driving ban. Feehan appealed, arguing the judge erred in law and fact, but the appeal was dismissed. The appellate court noted the judge's explanations were "plainly attempting to further explain the level of fault required to prove the charge" and rejected the claim that the judge had erred in summarising facts.
Alexander Rojas Rey, 44, of Cork, was found guilty in 2019 of possessing mescaline for sale and of possessing the drug itself, and received a 100‑hour community service order instead of 12 months' imprisonment. He appealed, arguing that the trial judge had erred by allowing the jury to decide whether the substance he possessed was a controlled drug. The Court of Appeal quashed the conviction. At a hearing, the Director of Public Prosecution said it intended to bring Rey to retrial, and Rey's counsel had no objection. The case was adjourned to 29 March. The appeal judge noted that the judge had failed to inform the jury that determining whether the powdered substance was mescaline required deciding if it had been extracted from its natural form and rendered consumable. The court also observed that the jury had been told the powder was not a controlled drug, yet the judge had directed that mescaline is a controlled substance. Alexander Rojas Rey pleaded not guilty.
Anthony Horgan, 46, was originally jailed for six years in April 2021 after pleading guilty to one aggravated burglary and five burglaries, including a 4 am raid on an 83‑year‑old pensioner's home during the first Covid lockdown. His accomplice, Christopher Jones, received a four‑year term, later increased by one year after the Director of Public Prosecutions argued the original custodial term was too lenient. The DPP appealed Horgan's sentence, claiming Judge Sean O'Donnabhain had set an unduly low headline term of seven years, arguing it should have been between nine and fourteen years. In the Court of Appeal, the DPP sought a similar increase. The appellate judges agreed, quashing the original term and re‑sentencing Horgan to eight years' imprisonment, with one year suspended. The decision was made by Mr Justice John Edwards, Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy.
In February 2022 the Court of Appeal quashed the conviction of Alexander Rojas Rey, 44, who had been found with dried cactus extract containing mescaline. Rey had pleaded not guilty to possession of mescaline for sale or supply and to possession of the drug itself. He was found guilty in a trial and sentenced in November 2019 to 100 hours of community service instead of 12 months' imprisonment. Rey appealed, arguing that Judge James McCourt had erred by allowing the jury to decide a question of law about whether the substance was a controlled drug. Justice Isobel Kennedy ruled that the trial judge should not have permitted the jury to decide that question and therefore quashed the conviction. A hearing will decide whether a retrial is required. The case centred on whether dried cactus extract is a controlled substance under the Misuse of Drugs Act 1977.
Daniel Wyse, 18, of Killiney Heights, Cork, had his sentence reduced after an appeal. He had pleaded guilty to dangerous driving that caused the death of 16‑year‑old Kimberly O'Connor and serious injury to a 17‑year‑old male passenger in a crash on Harbour View Road in February 2020, when he was 16. He also pleaded guilty to failing to stop, driving without a licence and insurance, and failing to give gardaí appropriate information. The original sentence was four years detention followed by four years supervision, a 15‑year driving ban, and restrictions on naming him. The Court of Appeal, led by Mr Justice George Birmingham, reduced the detention to six years, suspended the final 18 months of the remaining four years for 18 months, and reduced the driving ban to ten years. The appeal was based on the fact that Wyse was a juvenile and had no prior convictions.
In February 2017, Gavin Sheehan, aged 35, was convicted at Cork Circuit Criminal Court of possession of a firearm and ammunition, unlawful discharge of a firearm, assault causing serious harm, and two counts of criminal damage. The jury found him guilty after a seven‑day trial. Judge Sean O'Donnabhain imposed a headline sentence of 14 years, suspending three years, and noted the victim, 21‑year‑old Ciara Sheehan, survived after life‑saving surgery. Sheehan had previously denied all charges and appealed. On 18 January 2022, the Court of Appeal, presided over by Mr Justice George Birmingham, considered whether the suspended portion could be reassessed if Sheehan failed to make suitable progress in rehabilitation. Defence counsel Patrick McGrath SC requested a brief adjournment, after which Sheehan withdrew his appeal. The court granted the withdrawal, noting Sheehan's 72 prior convictions and the legal advice he had received. The case remains at the point of the suspended sentence, with no further appeal pending.
In February 2020, a man was convicted of seven counts of indecent assault against his girlfriend's nephews, aged four to nine, who were abused between 1985 and 1989 at their grandparents' home. The man, who was in his late teens when the abuse began, denied all charges. During the trial, the victims' father described the man as a "big uncle" who would play with the boys in their bedroom, often playing table football. A jury found him guilty and Judge Seán Ó Donnabháin sentenced him to three years' imprisonment, with 18 months suspended. The man's lawyers appealed, arguing procedural errors and that the trial judge had erred by allowing alternative counts for the same alleged offence over three years. Judge Patrick McCarthy acknowledged procedural errors but found they did not undermine overall fairness.
The Court of Appeal was told that there is "vast uncertainty" about whether the dried extract from certain cacti that contain mescaline is a controlled substance under the Misuse of Drugs Act 1977. Alexander Rojas Rey, 44, was charged with possession of mescaline for sale or supply and possession of the same drug at his home. He pleaded not guilty but was found guilty and received a community service order of 100 hours in lieu of 12 months' imprisonment. Rey appeals on the basis that Judge James McCourt erred by refusing to determine whether the substance was a controlled drug and by allowing the jury to decide a question of law. Defence counsel Peter O'Flynn argued the powder was merely dried plant material and not covered by the Act, while the Director of Public Prosecutions maintained that the powder contained mescaline, a scheduled substance. The judgment is reserved.
A man named Gavin Craven, aged 47, was sentenced to four years' imprisonment with the final year suspended after attacking Fergal Quinn with a poker while claiming to be in the IRA. The assault took place at Quinn's home in Liffey Place, Cork City, on 1 August 2020, following a dispute over a parking space. Craven pleaded guilty to assault causing harm. The Court of Appeal found that the trial judge had erred in setting a five‑year headline sentence and had applied an inappropriate 20% discount. The appeal court reduced the headline to five years, then applied a 25% discount for the guilty plea, suspended 21 months, and left a custodial term of two years and three months to be served. The case was heard at Cork Circuit Criminal Court and the appeal was heard by Mr Justice Birmingham.
In February, Christopher Jones, aged 28, was jailed for aggravated burglary and impersonating a Garda after pleading guilty to several house break‑ins in Cork during the first Covid lockdown. Judge Seán Ó Donnabháin sentenced him to five years with 12 months suspended on each count, terms running concurrently. The DPP appealed, arguing the sentence was unduly lenient. The Court of Appeal, presided over by Mr Justice John Edwards, agreed and found the original five‑year term for the burglary at an elderly woman's home "substantially out of the norm". Edwards quashed the five‑year term and imposed a seven‑year headline sentence, later reduced to six years with the last 12 months suspended. The judge noted the burglar had a baseball bat and that the break‑ins were planned, not opportunistic. Jones's defence argued he lived in a slum and was addressing drug addiction while in custody.
In October 2021, the Court of Appeal quashed the drugs conviction of former youth boxer Roy Carroll, 28, after finding that the jury had been improperly directed regarding the admissibility of evidence of his silence during Garda interviews. Carroll had been found guilty of possessing 124.6 g of cocaine for sale and sentenced to four years' jail with 18 months suspended in February 2020. He had exercised his constitutional right to remain silent during the interview, a fact that was admitted to the jury without proper guidance on how to interpret it. The appellate judges ruled that the trial was unsatisfactory and that the verdict was unsafe because the jury was not given the necessary legal parameters to consider the right to silence. The case remains open for a potential retrial pending further submissions. Roy Carroll pleaded not guilty.
A would-be ATM thief who almost caused a massive explosion that could have killed him has lost his appeal against the severity of a five-year jail sentence imposed for attempting to blow up an ATM at a filling station in Cork last year. Evan Stubbins (25), an unemployed single man from Church Road, Croom, Co Limerick, was convicted at Cork Circuit Criminal Court last November for the possession of explosives after pleading guilty to possessing a blow torch and canisters containing oxygen and propane in an attempt to blow open an ATM at the Maxol garage at Carr's Hill, Carrigaline, Co Cork on August 2, 2020. He also pleaded guilty to separate charges of criminal damage and attempted theft. At a sitting of the Court of Appeal, counsel for Stubbins, Ray Boland BL, argued that the sentencing judge, Judge Seán Ó Donnabháin, had not given the appellant a sufficient reduction from the headline sentence of seven years for his signed guilty plea. Counsel said the judge had also erred by failing to further reduce the length of the sentence by taking into account various mitigating factors including Stubbins' youth, his cooperation with gardaí and the fact that the offence was committed under duress as part of his efforts to pay off a drug debt to unnamed individuals. The matter was adjourned.
In a case heard in Cork Circuit Criminal Court, Thomas O'Driscoll (40) and Patrick O'Driscoll (39) pleaded guilty to deception for targeting an elderly woman in her 70s. The brothers approached her in a jewellery shop in Skibbereen on 11 November 2018, persuaded her to give them her phone number after showing a machinery brochure, and later called her in Goleen. They aggressively urged her to purchase machinery and tools, resulting in her writing cheques totaling almost €25,000. The woman later cancelled the cheques, but €6,500 had already been cashed. The brothers paid €6,000 in compensation and each offered €4,000 of their bail money. They were sentenced to two years' imprisonment each. Their lawyers had planned to appeal to the Court of Appeal, but the brothers withdrew the appeal after the court's judges noted the possibility of increasing the sentence. The withdrawal was deemed a wise decision by the presiding judge.
Two burglars, Niall Fitzpatrick (53) and Jerry O'Leary (62), were convicted of a carefully planned burglary at Kilberehert, Freemount, Charleville on 19 October 2023. They targeted the home of a couple in their late 80s who were out attending Mass. The crime involved hiring cars, changing drivers, altering clothes, hiding in woods and staked‑out surveillance over two days. Both received seven‑year sentences at Cork Circuit Criminal Court. Their appeals to the Court of Appeal were dismissed. The court noted the planning, the number of offenders, the rural target and the vulnerability of the occupants as aggravating factors. It found no error in principle and stated that the judge was not obliged to suspend any portion of the sentences. The appeals were therefore rejected, leaving the seven‑year terms in place. Niall Fitzpatrick pleaded guilty. Jerry O'Leary pleaded guilty.
Two Cork men, Niall Fitzpatrick (53) and Jerry O'Leary (62), appealed their seven‑year sentences for a burglary at a home in Charleville on 19 October 2023. The crime, described as carefully planned, targeted an elderly couple who were away at Mass. The men were caught by armed Gardaí after an intelligence‑led investigation. Fitzpatrick had 70 prior convictions, including escape and post office robbery; O'Leary had 48, eight of them burglary. Their counsel argued that mitigating factors such as age, health issues, and the fact that Fitzpatrick had never seen his child due to the pandemic had been insufficiently considered, and that a portion of the sentences should have been suspended to encourage rehabilitation. The Court of Appeal, presiding over the appeal, will decide on Monday. The case highlights the seriousness of the planning and the lack of aggravating factors such as violence or weapons. The appeal is pending. Niall Fitzpatrick pleaded guilty. Jerry O'Leary pleaded guilty.
In a 2020 appeal, an 80‑year‑old retired teacher, John Devlin, sought to overturn an 2017 conviction for sexually assaulting a student. His counsel argued that no evidence supported five of the eight counts and that reasonable doubt existed for the remaining three. The appeal court, hearing the case, noted that the jury had deliberated just over an hour and that the victim had provided detailed testimony for only three incidents. The court rejected the appeal, stating that the conviction was not perverse and that the jury's verdict was within its jurisdiction. The judge emphasized that the evidence was sufficient and that the trial had been fair, thereby upholding the original conviction. The teacher had already served his sentence.
Bernard Ring, 31, of Kilbarry Place, Farranree, Cork, was found guilty of assaulting John Joe Nevin and of false imprisonment at his mother's house on St Mary's Avenue on 21 September 2016. He also pleaded guilty to possessing a dumbbell, a gas canister, a glass mirror and a knife in a manner likely to intimidate. The court sentenced him to ten years' imprisonment, with the final two years suspended, on 12 July 2017. The Court of Appeal upheld the sentence on 9 March 2020. Ring was under the influence of benzodiazepine and had consumed alcohol. He had previously been convicted eleven times, including two assault convictions that carried two‑year and four‑year terms. The judge described the incidents as extremely serious and noted that Ring offered no explanation for his actions. The appeal was dismissed. The case remains at the sentencing stage.
John Heaphy, a 64‑year‑old from Kerryhall Road, Fairhill, Cork, died in February after a prolonged illness while serving a 10‑year prison sentence for the sale or supply of heroin worth €37,000. The sentence, imposed in October 2015 by Judge Seán Ó Donnabháin, was described by the judge as "tragic" that a man of Heaphy's age and health had to be dealt with in this way, yet the judge noted that Heaphy had "given his life to drug sale and supply and this is the harvest he will do." Heaphy had previously been convicted of drug offences with a street value exceeding €13,000, for which he served six years and was released less than a year before the second conviction. The unnamed 64-year-old pleaded guilty.
Greg Lordan, 29, of Parish Field, Clonakilty, pleaded guilty in Cork Circuit Criminal Court to possessing 1,027 images of child pornography on 16 February 2017. He had an old mobile phone containing 638 images of child nudity, 386 images of sexual activity involving children and adults, and three images of a child with an animal. The original judge, Seán O'Donnabháin, imposed a wholly suspended three‑year sentence on 9 November 2018, which the Court of Appeal found unduly lenient. On appeal, Patrick McCarthy re‑sentenced Lordan to three years imprisonment, suspending the final two years. He must enter a good‑behaviour bond for the suspended period and was taken into custody immediately. Lordan had no prior convictions, had cooperated with Gardaí, and had undergone therapy, but the Court emphasised the need for deterrence in sentencing.
David Healy, 48, of Passage West, Cork, was found guilty of arson after he set fire to his own commercial premises, Munster Air Compressors, on 16 December 2014, causing damage over €200,000. He pleaded not guilty to the arson but later pleaded guilty to a second charge of attempted deception on 8 January 2015. On 15 May 2018, Judge Gerard O'Brien sentenced him to a 10‑year suspended term and a €33,000 fine. The Director of Public Prosecutions appealed, and the Court of Appeal, led by Mr Justice George Birmingham, ruled the original sentence was "unduly lenient." Healy was re‑sentenced to seven years' imprisonment, with the final five years suspended for the arson, credit for ten weeks already spent in custody, and a wholly suspended three‑year sentence for the attempted deception. He will begin serving a net jail term of two years on 13 May.
Farid Fawzi, 31, pleaded guilty to possessing almost €100,000 worth of cocaine and cannabis for sale or supply at his Cooneybeg address on 15 September 2016. The Cork Circuit Criminal Court found he was not present at the address when it was raided, but a mobile phone linked to him was discovered, leading Gardaí to him. Judge Seán Ó Donnabháin described Fawzi as the "main man" in the movement and distribution of a significant amount of drugs, giving directions to at least two others. He was not addicted to drugs but entered dealing for profit, attracted by a lucrative lifestyle and easy money. The initial sentence was 10 years with the final two years suspended. The Court of Appeal reduced this to seven years with the final six months suspended, requiring a good‑behaviour bond for the suspended period and compliance with probation service directions.
Gerard O'Grady, aged 54, pleaded guilty to sexually abusing two boys while babysitting them in the mid‑1980s. The victims, aged about 10 at the time, reported the abuse in 2016. O'Grady was sentenced on 6 March 2018 to six years' imprisonment, with the final two years suspended. The Court of Appeal upheld the sentence. In the appeal hearing, Mr Justice George Birmingham noted the offences occurred when O'Grady was 16‑18 and that the victims were six and eight years younger. He described the single offence involving one boy as the most serious form of sexual assault, likely to be tried in the Central Criminal Court today. O'Grady entered the witness box to apologise, claiming he did not understand his actions then and only gained insight after having his first child. The appeal was dismissed.
John Kelly, 51, was found guilty of arson for setting fire to his family home in Bruhenny, Churchtown, Mallow, Co Cork, on 18 December 2016. At the time, four children aged 11, eight, six and two were inside. He was sentenced by Cork Circuit Criminal Court to seven years imprisonment, with the final two years suspended. The Court of Appeal upheld this sentence. The judge noted that Kelly had returned home for Christmas holidays, an argument with his wife had escalated, and he felt "a fool was being made of him" on her Facebook page. He set two fires upstairs, removed the children, locked the door, and set a third fire downstairs. The house was destroyed, and the family relied on HSE accommodation. Kelly pleaded guilty, had no prior convictions, and was described as a good supporter for his family.
Shane Murphy, 31, of Cork, pleaded guilty to two thefts and dangerous driving that caused serious harm to a six‑month‑old baby on Blackrock Road in March 2017. The baby's skull was fractured after the mother was knocked to the ground and the buggy was swept against a wall. Murphy, the driver, fled the scene after retrieving stolen items and had previously stolen from two retail stores. He was sentenced to six years' imprisonment with the final year suspended, a sentence upheld by the Court of Appeal. The judge noted Murphy's 104 prior convictions, including two hit‑and‑run offences, his intoxication, disqualification, and the aggravating circumstances. The appeal was dismissed, confirming the original sentence. The baby continued treatment at the time of sentencing.
The Court of Appeal dismissed the appeal of Dutch skipper Klass Meijvogel, who had been convicted for breaching fishing regulations on the Wiron 5. Meijvogel, who pleaded not guilty, was found guilty by a 10‑2 jury for having equipment that could return fish to sea, contravening the requirement to freeze fish immediately and prevent the return of marine organisms. He was fined €344,960 for the catch and €55,000 for the gear. The appeal was rejected because the appellant did not challenge the indictment, seek a directed acquittal, or clarify the judge's directions. The Court of Appeal noted possible tensions between Articles 19 and 32 of Council Regulation (EC) No 850/98 but found no need for legislative intervention in this case. The appeal was dismissed, and the court will consider the severity of the penalties in the future.
The skipper of the Dutch factory ship Wiron 5, Klass Meijvogel, is awaiting the outcome of an appeal against his conviction for breaching Irish fishing regulations. On 11 February 2015 the ship, which was caught and processed pelagic fish, was boarded by the Irish Naval Service. Meijvogel was found guilty by a 10‑2 jury and fined €344,960 for the value of the catch and €55,000 for the value of the gear. He pleaded not guilty, arguing that the equipment on board was installed in a manner that complied with Article 19 of the regulations, which requires undersized marine organisms to be returned immediately to the sea. His counsel, Paul Burns SC, said the case hinged on the interpretation of contradictory regulatory requirements and that no photos were presented as evidence.
Cian Walsh, 30, from Cork, pleaded guilty to two counts of possessing a firearm and three counts of threatening to kill in September 2016. He was originally sentenced to six years in prison, with two years suspended, by Judge Gerard O'Brien. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, in a three‑judge panel headed by Mr Justice George Birmingham, re‑sentenced Walsh to five years in prison, adding an extra 12 months. The appeal was based on the fact that Walsh had a loaded sawn‑off shotgun with the safety off, was intoxicated, and threatened a woman. During the incident, one round discharged when he "tripped over the family dog". After the incident he fled in a vehicle, left the gun at St Joseph's Cemetery, and was apprehended shortly thereafter.
Christopher Twohig, aged 24, was found guilty of sexually assaulting a 15‑year‑old girl at a house party in Cork in 2011 and a 19‑year‑old girl at another house party in Cork in 2014. In the first incident, the victim had gone to sleep on the couch; Twohig partially removed her clothing, touched her breasts and penetrated her vagina for about fifteen minutes. In the second incident, the 19‑year‑old had gone to sleep alone in a room; Twohig was found beside her and digitally penetrated her. Twohig pleaded guilty early, admitted full involvement, and was described as genuinely remorseful. He was sentenced to four years' imprisonment with the final year suspended, plus a concurrent 12‑month term for the first offence. His appeal against the sentence was dismissed by the Court of Appeal, which found the sentence "arguably lenient" but not disproportionate. The Court upheld the three‑year effective custodial period.
Patrick McAuliffe, 53, was found guilty of robbing an 83‑year‑old man in Cork on 12 November 2015, stealing €300 and later €2,300. He was sentenced to five years' imprisonment, with the final year suspended, by Judge David Riordan on 1 November 2016. McAuliffe, a chronic alcoholic and homeless at the time, had 261 prior convictions dating back to 1981, including theft, assault, drug offences and one robbery. The Court of Appeal dismissed his appeal on 16 April 2018, ruling that the net custodial term of four years was "almost lenient" given the victim's catastrophic loss of independence and McAuliffe's extensive criminal record. The appeal was rejected by the three‑judge panel, confirming the sentence as imposed.
Smael Heirouche, a 39‑year‑old Dutch national of Moroccan descent, was sentenced to five years' imprisonment in 2017 for threatening to kill two French flatmates in Cork on 14 November 2016. He had threatened to kill one of his flatmates while wearing "Muslim style clothing" and carrying a copy of the Koran, and had also threatened to cut the heads off people he called "Zionists". He had previously threatened to place an explosive device on a bus in the Netherlands and had been diagnosed with schizophrenia there. On appeal, the Court of Appeal reduced his sentence to three years, with the final two years suspended, on the condition that he cooperate with medical treatment and comply with all requirements of his advisers. He is currently detained under the Mental Health Act in a Cork facility. Smael Heirouche pleaded guilty.
Patrick Farrelly, 26, of Stag Park, Mitchelstown, Cork, was found with about €70,000 worth of cannabis over five months. He pleaded guilty to possessing €66,000 of drugs for sale or supply on 26 November 2016 and to possessing €3,692 of cannabis five months earlier. The Cork Circuit Criminal Court sentenced him to three‑and‑a‑half years, with 18 months suspended, and a concurrent 12‑month sentence for the lesser offence, leaving a net two‑year term. The Director of Public Prosecutions appealed, arguing the sentence was too lenient. In the Court of Appeal, Mr Justice Alan Mahon increased the sentence for the more serious charge to five years, with 18 months suspended, while the 12‑month sentence remained unchanged. The new five‑year term runs concurrently with the 12‑month term, which was likely already served.
Marek Krol, a 54‑year‑old Polish national, had been given a wholly suspended two‑year sentence for sexually assaulting a 25‑year‑old woman in Cork on 1 February 2016. The Court of Appeal found the original sentence unduly lenient and imposed a seven‑and‑a‑half‑month custodial term. The appeal was based on the fact that the victim was comatose and unable to resist, a circumstance that the court said required a custodial sentence except in wholly exceptional cases. The court noted that Krol had no prior convictions, spoke limited English, and had a recent heart condition, but the Director of Public Prosecutions argued that the gravity of the offence demanded imprisonment. Krol will report to Anglesea Street Garda Station to begin serving his sentence. Marek Krol pleaded guilty.
In 1979 a retired priest, Tadhg O'Dalaigh, was convicted of indecently assaulting a 16‑year‑old boy at a boarding school in County Cork. He was found guilty by a jury and sentenced to five years, with two years suspended. O'Dalaigh appealed, arguing that the trial judge failed to warn the jury about the danger of convicting without corroborative evidence. The Court of Appeal, in a three‑judge panel, agreed that the judge erred by not giving a corroboration warning in a case lacking corroboration. The appeal was allowed, the conviction was quashed, and the court will consider whether a retrial is appropriate. O'Dalaigh had previously pleaded guilty in 1999 and 2014 to similar offences at the same school, but denied assaulting the complainant in the present case. The case highlighted the importance of jury warnings when evidence is limited. Tadhg O'Dalaigh pleaded not guilty.
A 22‑year‑old Roma man pleaded guilty to one count of sexual assault against a 16‑year‑old girl in Cork. The victim was told to drink alcohol or he would kill her, then he attempted to have sex with her and left her unconscious and undressed on a footpath. He was sentenced to seven years' imprisonment, with the final year suspended, by Judge Gerard O'Brien on 7 July 2016. On appeal the Court of Appeal reduced the jail term by one year, citing the judge's failure to mention the victim's €10,000 compensation payment, a token of the man's remorse. The Court of Appeal left the seven‑year sentence in place but suspended the final two years, and ordered 12 months of post‑release supervision. The man had 29 prior convictions, including theft, burglary and public order offences. The case was heard by Mr Justice George Birmingham, Mr Justice Alan Mahon and Mr Justice John Hedigan.
Angelique Arundel, 31, of Shannon Lawn, Mayfield, Co Cork, and John O'Donnell were convicted of aggravated burglary at a home in Churchtown, Mallow, on 28 and 29 August 2015. Arundel pleaded guilty and was sentenced to five years' imprisonment by Judge Seán Ó Donnabháin at Cork Circuit Criminal Court on 2 February 2016. She appealed the sentence, but the Court of Appeal dismissed the appeal today, holding that a five‑year term was appropriate for an aggravated burglary involving an armed intrusion into a family bedroom. The Court noted that the victim, a man in his 70s, his partner and a two‑year‑old son, awoke to glass breaking; a man with a sledgehammer and Arundel with an iron bar entered the bedroom. The co‑accused demanded €3,000 the next day and threatened the victim with violence and a gun. Arundel had 63 prior convictions, mainly for public order and road traffic offences.
The Court of Appeal has dismissed an appeal against sentence lodged by Paul McCarthy, a 40-year-old man from Cork city. McCarthy had previously pleaded not guilty to charges of making a threat to kill or cause serious harm and producing a broken bottle to intimidate someone at N Square restaurant on Camden Quay on December 6, 2014. He was found guilty by a jury at Cork Circuit Criminal Court and sentenced to six years' imprisonment, with the final 18 months suspended, by Judge Gerard O'Brien on May 5, 2016. In its judgment, the Court of Appeal, comprising Mr Justice John Edwards, Mr Justice George Birmingham, and Mr Justice Alan Mahon, found no error in principle in the original sentence. The court noted that McCarthy allegedly stormed into the restaurant with a woman, knocking over table settings and making racist remarks. When the owner, Nabil Cherif, retrieved a box of beer, bottles broke, and McCarthy allegedly picked up a shard, made a punching motion, and threatened Cherif's life. The court highlighted aggravating factors, including the use of a weapon, the xenophobic nature of the threats, and the impact on the victim. It also noted McCarthy's history of 129 previous convictions and long-standing substance abuse issues. Consequently, the appeal was dismissed, and the original sentence stands.
Mark Hurley, aged 22, pleaded guilty to burglary of Pinocchio's toy store on Paul Street, Cork, on 22 December 2014. He broke a window, stole €1,200, a charity collection box and an i‑pod nano, and damaged a card‑reading machine, hindering the shopkeeper's ability to process card transactions during the busy Christmas period. Hurley left a palm print that led to his identification. He had 33 prior convictions, including 23 burglaries and 15 offences committed while on bail, and had recently been released from Portlaoise prison on temporary release. The Circuit Court had sentenced him to six years' imprisonment, with the final two years suspended. On appeal, the Court of Appeal found the starting point too high and re‑sentenced him to five years' imprisonment, again with the final two years suspended. He was required to enter a good‑behaviour bond for the suspended period.
A retired priest, Tadhg O'Dalaigh, aged 73, is awaiting the result of an appeal against his conviction for indecently assaulting a 16‑year‑old boy at Coláiste Chroi Naofa in Carrignavar, County Cork, in 1979. He pleaded not guilty at the Cork Circuit Criminal Court and was found guilty by a jury, receiving a five‑year sentence with the final two years suspended by Judge Donagh McDonagh on 18 December 2014. O'Dalaigh's appeal, filed today, argues that the trial judge erred by refusing to give the jury a corroboration warning, claiming it would be dangerous to convict without corroboration. His barrister, Patrick Gageby SC, described the case as a classic "one person's word against the other" scenario, noting the incident was a one‑off event in a secluded location. Counsel for the Director of Public Prosecutions, Garrett McCormack BL, maintained that the judge's discretion was exercised correctly and that no legal error occurred.
John Paul O'Driscoll, 29, of Fairhill, was sentenced to 12 years in prison for a series of offences committed in April 2013, including burglary, unlawful vehicle taking, reckless endangerment and criminal damage. He was driving a stolen van while intoxicated, pursued by Gardaí from one end of Cork to the other, and collided with Garda Michael Twomey, throwing him from his motorbike and causing serious injuries. O'Driscoll's blood alcohol level was 244mg per 100ml. At the time of sentencing he was unemployed and living in a Simon Community hostel. He had 168 prior convictions and was disqualified from driving. On appeal, the Court of Appeal reduced his sentence to seven years and nine months, suspending the final 12 months on condition, and upheld a 35‑year driving disqualification. The appeal was based on the court's determination that the offence was reckless rather than intentional endangerment, and on procedural errors in the original sentencing. John Paul O'Driscoll pleaded guilty.
In 2015, Jamie O'Brien (21) and Eddie Murphy (26) assaulted Mark Lahive at a Cork business park, using an iron bar to severely beat him for about four minutes. The attack left Lahive with life‑changing injuries, including a comminuted skull fracture, multiple limb fractures, and brain bruising that caused weakness in both limbs. Both men pleaded guilty to assault causing serious harm, and Murphy also pleaded guilty to robbery. Judge David Riordan originally sentenced Murphy to eight‑and‑a‑half years (18 months suspended) and O'Brien to six years (one year suspended). The Director of Public Prosecutions appealed, arguing the sentences were unduly lenient. The Court of Appeal, led by Justice George Birmingham, increased Murphy's term to eight‑and‑a‑half years and O'Brien's to six‑and‑a‑half years, citing the severity of the assault and the need for a more substantial penalty.
Bill O'Driscoll and Damien Fitzgerald, both of Cork, have appealed their convictions for assault causing serious harm and robbery against Karol O'Keefe, allegedly committed on November 25, 2013, at the Quarry Steps, Windsor Cottages, St Luke's. The men, who pleaded not guilty, were found guilty by a jury and sentenced to eight years' imprisonment by Judge David Riordan on June 15, 2015. In their appeal before a three-judge court, their lawyers argued that the trial judge erred by failing to direct an acquittal due to insufficient evidence. Counsel Elizabeth O'Connell SC submitted that while blood evidence linked the men to the scene, there was no proof they struck the victim, noting another man had pleaded guilty to the counts. Vincent Heneghan SC added that there was no evidence O'Driscoll made contact with the victim or the stolen phone. Prosecuting counsel Dermot Sheehan BL countered that the blood evidence and CCTV footage of Fitzgerald possessing the phone were sufficient to go to the jury. The court, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, reserved its judgment, indicating it hopes to deliver its decision as soon as possible. The matter remains pending and has not been finalised.
Two Cork men, Jamie O'Brien, aged 20, and Eddie Murphy, aged 26, pleaded guilty to assault causing serious harm and robbery on Mark Lahive in April 2015. Judge David Riordan sentenced Murphy to eight‑and‑a‑half years, with 18 months suspended, and O'Brien to six years, with one year suspended, on 20 November 2015. The Director of Public Prosecutions has appealed, arguing the sentences were unduly lenient. The Court of Appeal, a three‑judge panel, has reserved judgment. During the hearing, counsel highlighted the severity of the assault, the victims' lifelong injuries, and the defendants' admissions and remorse. The court will decide whether to increase the sentences after the appeal is considered.
Gediminas Zigmantas, a 35‑year‑old Lithuanian, had his eight‑year prison sentence for robbing a prostitute at Cork's Metropole Hotel reduced to six years on appeal. He pleaded guilty to false imprisonment and robbery in 2015. The Court of Appeal, led by Justice Garrett Sheehan, found the original eight‑year term "somewhat excessive" compared with similar cases from 2003 to 2013. Zigmantas had previously been convicted of a similar robbery in Ennis, receiving a five‑year sentence with 18 months suspended, which he was serving when the new sentence was imposed. The appeal court noted that Zigmantas showed no remorse and that the victim, Sylvia, was freed after 20 minutes with minimal injuries. The court therefore mitigated the sentence to six years imprisonment.
John Paul O'Driscoll, 29, from Fairhill, appealed a 12‑year sentence imposed by Cork Circuit Criminal Court for 17 offences including burglary, unlawful van taking, reckless endangerment and criminal damage. He was driving a stolen van drunk, pursued from one end of Cork to another, and deliberately struck Garda Michael Twomey on a motorbike, throwing him a considerable distance. O'Driscoll had 168 prior convictions, was disqualified from driving, and had been on two sets of bail. Judge Seán Ó Donnabháin gave consecutive sentences totalling 12 years, suspending the final two years. O'Driscoll's counsel, Elizabeth O'Connell SC, argued the judge erred in imposing consecutive sentences and that the guilty plea should have earned more credit. The appeal was filed on 15 November 2016. The court expected a decision within a month.
Kevin Mulcahy, a 57‑year‑old GP from Cork, was found guilty of indecently assaulting a 15‑year‑old female patient in 1989. He had pleaded not guilty but was convicted after a retrial at Cork Circuit Criminal Court, where a jury deliberated for 39 minutes. Judge Seán Ó Donnabháin sentenced him to two years' imprisonment on 25 November 2015. Mulcahy was released on bail pending appeal, and the conviction aspect of his appeal was dismissed earlier in the month. On 24 October 2016, the Court of Appeal, led by Mr Justice John Edwards, reduced his sentence to 12 months, citing mitigating factors such as his first‑time offender status, good character, and the impact on his family. He was placed on the sex offenders register and ordered not to practice medicine. He was taken to serve the remainder of his sentence.
Seamus Buckley, aged 57, was jailed for 12 months for 26 counts of indecent assault on a girl aged 6‑13 in the early 1980s. The sentence was imposed by Judge Seán Ó Donnabháin on 2 February 2016 at Cork Circuit Criminal Court. The Director of Public Prosecutions applied for a review, arguing the term was unduly lenient. The Court of Appeal, hearing the case on 21 October 2016, decided not to extend Buckley's custody. Justice George Birmingham noted Buckley's relationship with the victim's family, his lack of prior convictions, and his cooperation after the complaint in July 2014. He also cited mitigating factors and the fact that Buckley had already served most of his term. The court therefore substituted the original sentence with a new term of three years imprisonment, of which two years were suspended, leaving the effective custodial period unchanged. The decision was made by Justices Birmingham, Seán Ryan and Garrett Sheehan. Seamus Buckley pleaded guilty.
Trevor O'Donoghue, 34, pleaded guilty to robbing €750 from a 61‑year‑old man at Cork City Bus Station on 29 June 2014. The original sentence was five years' imprisonment with the last 18 months suspended. On appeal the Court of Appeal reduced the term to four years' imprisonment, with the final 18 months still suspended, after finding the Circuit Court had incorrectly been told O'Donoghue had a prior conviction he did not possess. The victim, who used a walking stick, did not give a victim impact statement and asked that O'Donoghue not be sent to jail. O'Donoghue's associate, who was present that night, had died of heroin before the case reached court. The appeal judge noted O'Donoghue's history of drug use and his efforts to address his addiction while in prison. The final sentence remains four years' imprisonment with 18 months suspended.