Gerard Cervi, the appellant accused of the murder of Bobby Messett and the attempted murders of Pete Taylor and Ian Britton at Bray Boxing Club in June 2018, may be granted bail on stringent conditions. The Court of Appeal found that Cervi has spent a "highly unusual amount of time" in custody, nearly five years, without a date for his second trial. While the State opposed bail, citing flight risk due to his post-incident travel to Spain, the court noted the absence of an imminent trial date. Justice George Birmingham stated that the substantial period in custody and uncertain timeline persuaded the court to contemplate bail, provided strict conditions are met. These proposed conditions include residing at a named address, signing on twice daily, surrendering travel documents and driving licence, installing a landline, and allowing electronic tracking of his mobile phone. The court invited parties to return to discuss whether these proposals were broadly appropriate. The matter was adjourned to allow for further discussion on the conditions, and no final decision on the bail application was made at this stage.
The Court of Appeal upheld the conviction of a 76‑year‑old pensioner who was sentenced in June 2021 to six years' imprisonment, with the final two years suspended, for sexually abusing three of his granddaughters over a period of more than five years. The appeal argued that there was no evidence to justify the time gap between the offences and the complaints made by the girls. The court found that the first granddaughter had complained to her teacher in January 2014 and to Gardaí in 2016, while the third girl had confided in a school friend in 2016. The appeal was dismissed on the basis that intrafamilial abuse can delay complaints and that the evidence of the complaints was admissible. The judge noted that the delay did not render the evidence inadmissible and that the girls' testimony was consistent with their earlier complaints. The appeal was therefore rejected. The unnamed man pleaded not guilty.
The Court of Appeal has upheld a €94,000 damages award made to a cabin supervisor from Cavan who sustained injuries during a workplace accident aboard a Ryanair aircraft. Fiona Nangle, aged 41 from Latt Hills, successfully sued the airline following a fall on 11 February 2018 aboard a Dublin-Warsaw flight. The High Court had previously awarded her €70,000 in general damages and €24,000 in special damages after finding she slipped on de-icing fluid tracked into the cabin by passengers. Ryanair appealed, claiming the trial judge had prejudiced its defence through excessive questioning and that the damages quantum was excessive. The three-judge appellate panel rejected all grounds of appeal, finding the trial judge had conducted proceedings fairly and appropriately. The court noted that in civil trials before a judge sitting alone, active judicial questioning is both permissible and often preferable. Ms Nangle was awarded her legal costs of the appeal.
In a case heard by a three‑judge Court of Appeal, a 27‑year‑old man was sentenced to five years' imprisonment for aggravated sexual assault of his estranged wife in Co. Kildare on 19 November 2020. The final 20 months of the sentence were suspended. The judge, Ms Justice Karen O'Connor, noted the assault took place in the victim's home, where she had a right to feel safe, and that she had repeatedly pleaded for the man to leave. The man recorded on camera declared, "I'm your husband and I have every right to touch you." He pleaded guilty to the assault. The Director of Public Prosecutions argued the sentence was too lenient, citing violence, breach of trust and the man's refusal to leave despite pleas. The court considered mitigating factors, including a traumatic brain injury sustained in 2017, and a prior conviction for violence.
The Court of Appeal has dismissed an appeal by John Barrett, the suspended Garda Siochana HR director, who sought an injunction to prevent the Minister for Justice from terminating his employment. The three-judge panel, comprising Ms Justice Una Nic Raifertaigh, Mr Justice Seamus Noonan, and Mr Justice Donald Binchy, upheld the High Court's refusal to grant the injunction, citing a significant delay by Mr Barrett in seeking the remedy. Although Mr Barrett commenced proceedings in June 2020, he did not apply for the injunction until December 2020. The court noted that Commissioner Drew Harris no longer holds trust or confidence in Mr Barrett. Mr Barrett claims he was wrongfully suspended in 2018 following protected disclosures to the Dail Public Accounts Committee and the Disclosures Tribunal regarding financial irregularities at the Garda College in Templemore and the treatment of whistleblower Maurice McCabe. He denies any wrongdoing and alleges the disciplinary process is flawed. While the Court of Appeal disagreed with certain High Court findings regarding whether specific communications constituted protective disclosures under the 2014 Act, it determined this was insufficient to overturn the decision. The main action against the Minister and the Commissioner remains pending, with efforts underway to bring the case to trial.
A man accused of murdering Bobby Messett and attempting to murder boxing coach Pete Taylor during a shooting at Bray Boxing Club in June 2018 has applied for bail at the Court of Appeal, citing nearly five years in custody without a trial date. Gerard Cervi, originally from Dublin, faces charges relating to the incident in which a gunman entered the premises on Bray Harbour, County Wicklow, and fired nine shots. His trial at the Central Criminal Court collapsed in September 2021 after ten weeks when jury numbers fell below the required threshold. Cervi's legal team argued that extended delay, combined with an anticipated Supreme Court ruling on phone evidence, justified reconsideration of bail conditions. The State opposed the application, citing evidence that Cervi had purchased a one-way ticket to Malaga at the time of his arrest and had made unexplained trips to Spain after the shooting. Mr Justice George Birmingham adjourned the matter to May 18 for further submissions regarding Cervi's work history, travel patterns, and living arrangements.
In a 2023 appeal, the Court of Appeal upheld a High Court judge's refusal to order the return of a young daughter to the UK, citing a grave risk of physical and psychological harm from her father. The mother, who had moved to Ireland with her pre‑school child in 2022 after alleging domestic violence, argued that English restraining orders would not prevent the father from taking the child. The father, who denied all allegations, sought a Hague Convention order to return the child. The Court, satisfied that the mother had proven a real and grave risk, dismissed the father's appeal and maintained the High Court's decision. The case highlighted the exceptional nature of the situation and the court's willingness to protect the child from potential harm.
Ioan Lingurar, 36, who posed as a taxi driver, was convicted of raping two women in Dublin three years apart and of false imprisonment. The first victim was attacked in February 2016 after she had hailed what she thought was a taxi; she escaped after a struggle and later reported the assault. The second victim was assaulted in February 2019 after she had entered a vehicle she believed to be a taxi; she fought back and escaped. DNA evidence linked both attacks to Lingurar, who had previously been convicted of a sexual assault in France. At the Central Criminal Court, the judge imposed a total of seventeen‑and‑a‑half years' imprisonment, with the 2016 and 2019 sentences running consecutively. Lingurar appealed, arguing the headline sentences were too high, but the Court of Appeal dismissed the appeal, finding no error in the sentencing. Ioan Lingurar pleaded not guilty.
In 2021 Simon Quilligan was jailed for six years for possessing a firearm with intent to endanger life at a halting site where he threatened to kill people. He had earlier been found not guilty of attempted murder and of endangerment from a reckless discharge of a firearm. The Court of Appeal heard that the conviction for the firearm offence was "perverse" because the evidence presented at trial was insufficient to prove possession of a live weapon. Quilligan's lawyers argued that witnesses could not see or hear a gun, that no firearm residue or silencer was found, and that the evidence was inconsistent with the acquittals of the other charges. The appeal was heard by a three‑judge panel, with the judge noting that the case would be decided at a later hearing. The article reports only the arguments and the pending decision, not a verdict.
The State has argued at the Court of Appeal that the four-and-a-half-year jail sentence imposed on Christopher Rafter for the rape and sexual assault of his two younger sisters was too lenient. Rafter, of Portlaoise, Co Laois, pleaded guilty at the Central Criminal Court to offences committed between 1989 and 1993. Ms Fiona Murphy SC, representing the State, contended that the concurrent structure of the sentences resulted in a single punishment for two victims, with Rafter receiving only two years for ten indecent assaults. She noted that Mr Justice McDermott had identified a headline sentence of nine years for the rape of Linda Rafter, reduced to six years before suspending 18 months, and a headline of seven years for the rape of Dolores Prendergast, reduced to four-and-a-half years. The State alleged that too much credit was given to Rafter's age during the majority of the offending. In response, Mr John D Fitzgerald SC for Rafter cited his client's borderline intellectual disability and schizoid personality, arguing the sentence was not radically out of line with similar cases. The court heard that the abuse was continuous and involved a significant breach of trust. The Court of Appeal has reserved its judgement in this appeal.
A 62‑year‑old man who sexually abused his two sisters over a seven‑year period more than 40 years ago lost an appeal against his conviction and five‑year prison sentence. The Court of Appeal, led by Ms Justice Isobel Kennedy, rejected the appellant's legal team's arguments that the trial was unfair because the offences occurred more than four decades earlier, that separate trials should have been held for each complainant, and that the indictment had been amended after all evidence was heard. The appellant was originally convicted in September 2021 by a Central Criminal Court jury in Tullamore, Co. Offaly, of one count of rape and 12 counts of indecent assault between 1974 and 1981, and was sentenced to five years in prison by Ms Justice Carmel Stewart. The appeal was dismissed, with the court finding no merit in the criticisms raised.
Sean Nolan, aged 38, appealed his 2020 murder conviction for strangling Amanda Carroll, a mother of two, in her own apartment after a two‑day binge of alcohol and drugs. Nolan had been found by Gardaí on a North Dublin street the day after Carroll's body was discovered, and the prosecution relied on field notes taken by officers who were off‑duty. In the appeal, his counsel argued that these notes, which recorded Nolan saying he had "choked her until she passed out," were not properly read to him during his formal interview and should not have been admissible. The appeal also questioned the jury's deliberation on Nolan's intoxication level and intent, noting that the jury had received no judicial guidance on these matters. The Court of Appeal has reserved judgment on the appeal.
The Court of Appeal has heard arguments regarding the conviction of Philip Dunbar, who was found guilty by a unanimous jury at the Central Criminal Court before Mr Justice Paul McDermott for the murder of Adam Muldoon. Dunbar, who was 17 at the time, was sentenced to life imprisonment for stabbing Mr Muldoon 183 times at Butler Park, Tallaght, on June 22 or 23, 2018. Defence counsel argued that a Garda interview admission should be excluded because Dunbar was a 'child under pressure' and the conditions were unfair. They also contended that his responsibility was diminished due to a mental disorder caused by chronic drug abuse and that CCTV evidence breached privacy rights. The State rejected these submissions, noting that expert psychiatric evidence at trial found no mental disorder and that the interview was conducted responsibly with legal representation present. The judges questioned whether the interview duration constituted oppression or unfairness, with one judge noting that Dunbar's impatience did not amount to his will being overborne. The court has reserved its judgement in this appeal, meaning the matter was adjourned and is not yet concluded.
In March 2023 the Court of Appeal dismissed Mark Crawford's appeal against his murder conviction for stabbing Patrick 'Pa' O'Connor to death in a Limerick bar. Crawford, 45, had been drinking and taking cocaine with O'Connor, 24, when he stabbed him six times, striking the heart and neck. He pleaded not guilty, claiming self‑defence, but the jury rejected this defence and he was convicted in October 2020, receiving a mandatory life sentence. Crawford's lawyers argued that the trial judge had failed to give the jury proper instructions on self‑defence, particularly on the subjective belief of threat and the objective reasonableness of force. The Court of Appeal found the judge's charge was detailed and appropriate, and that the evidence did not support a claim of a serious deficiency. Consequently, the appeal was dismissed and the murder conviction upheld.
The Court of Appeal has heard arguments in the appeal of Philip Dunbar, who was found guilty of murder by a unanimous jury verdict at the Central Criminal Court before Mr Justice Paul McDermott. Dunbar was sentenced to life imprisonment for the murder of Adam Muldoon at Butler Park, Jobstown Park, Tallaght, Dublin 24, on June 22 or 23, 2018. Counsel for Dunbar argued that the use of CCTV footage breached his privacy rights, alleging that gardaí failed to comply with legal requirements regarding the harvesting of such data. The defence contended that the footage, which showed Dunbar returning home with Muldoon's Zimmer frame, was gathered in violation of established privacy standards. The three-judge court, presided over by Mr Justice George Birmingham, questioned the validity of these claims, noting that Dunbar was a legitimate suspect and that police have a duty to seek available evidence. The appeal also addressed the admissibility of evidence regarding Dunbar's state of mind, with previous submissions regarding diminished responsibility due to chronic drug abuse having been rejected by the trial judge. The matter was adjourned and continues before the court.
Philip Dunbar, aged 22, was sentenced to life imprisonment for the murder of 23‑year‑old Adam 'Floater' Muldoon, who was stabbed 183 times in an unprovoked attack when Dunbar was 17. His lawyers argued at the Court of Appeal that Dunbar should have been allowed to present a defence of diminished responsibility based on a mental disorder caused by chronic drug abuse. They cited expert psychiatric witnesses who said drug dependence could constitute a mental disorder distinct from intoxication. The trial judge had refused to allow the defence, and the appeal judge noted that a mental disorder must be established by a consultant psychiatrist under the Criminal Law (Insanity) Act. The appeal will continue before the Court of Appeal tomorrow. Philip Dunbar was found guilty.
In March 2023 the Court of Appeal quashed the conviction of 55‑year‑old Martin Begley, who had been jailed for five years for sexually assaulting a seven‑year‑old boy between 2019 and 2020. The appeal was based on contradictory evidence from the child, who during cross‑examination repeatedly answered "no" to questions about alleged sexualised behaviour. The Court found that the trial judge erred by refusing the defence's application to withdraw the case on the basis of the child's inconsistent testimony. The Court noted that the child's answers, combined with the lack of clear recollection, fell into an exceptional category that warranted a quash of the conviction. The appeal did not address any other charges or outcomes, and the conviction was overturned without a new trial or sentencing order.
Daniel Kane, the first man convicted by a jury of coercive control in Ireland, is appealing his 10.5-year sentence at the Court of Appeal. Kane, 54, pleaded not guilty to charges of coercive control, intimidation, assault, and 12 counts of assault causing harm arising from a 20-month relationship between May 2018 and January 2020. He separately pleaded guilty to intending to pervert the course of justice between March and July 2020, allegedly by threatening to send intimate images to the victim's family to force her to withdraw her statements. At the appeal hearing, Kane's counsel, Padraig Dwyer SC, argued the cumulative sentence was excessive and disproportionate for a first-time offender with no relevant prior convictions, citing his alcohol issues and current remorse. The State, represented by Anne Marie Lawlor SC, countered that the sentence was proportionate given the severity of the violence, including burning, cutting, and strangulation, and the continued coercive control exercised via 250 prison phone calls. The trial judge had noted Kane's lack of remorse and the brutal nature of the attacks. The Court of Appeal, presided over by Mr Justice George Birmingham, has adjourned the matter, with a judgment expected on Thursday of this week.
In a case heard by the Court of Appeal, William Lyons, aged 49, was found to have led a group of 11 men in a pre‑meditated invasion of a family home in Caherconlish, Co. Limerick, on 17 February 2021. Lyons and two others entered the house, armed with pitchforks and hurleys, and threatened to kill the resident woman. The incident caused a child to be injured by shattered glass. Lyons had pleaded guilty to burglary, making a threat to kill and violent disorder. The original sentencing judge had imposed a two‑and‑a‑half‑year term, with a final year suspended. The State appealed, arguing the sentence was unduly lenient. The Court of Appeal quashed the original sentence and imposed a four‑year imprisonment term, with no portion suspended, citing Lyons' role as leader and the seriousness of the offence.
In March 2023 the Court of Appeal sentenced a 39‑year‑old man to 18 months' imprisonment for sexually assaulting his partner's 12‑year‑old daughter. The assault occurred on 5–6 October 2019 during a family gathering when the girl was asleep on a couch. The man woke her twice, touched her vagina and chest under her pyjamas, and then attempted to buy her silence, offering €20, then €600, which she refused. He pleaded guilty to sexual assault and had originally received a four‑year sentence suspended in full by Judge Patrick Quinn in February 2022. The Director of Public Prosecutions appealed, arguing the non‑custodial sanction was too lenient. The Court of Appeal found the original sentence unduly lenient, quashed it, and imposed the 18‑month custodial term. The judge noted the assault had a profound effect on the girl and that the man had shown no immediate remorse.
John Tighe will remain in prison serving a life sentence following the dismissal of his appeal against conviction for the murder of his infant son. Tighe, from Lavallyroe in Ballyhaunis, County Mayo, was found guilty by unanimous jury verdict at the Central Criminal Court in March 2018 of murdering six-and-a-half-month-old Joshua in June 2013. The child died from asphyxiation caused by a wad of tissue lodged in his throat. The Court of Appeal rejected Tighe's challenge to the trial judge's decision to admit extracts from a postmortem report prepared by a pathologist who was unavailable to attend trial for cross-examination. Ms Justice Isobel Kennedy ruled that the report constituted a factual record within proper legal bounds and that no unfairness resulted from its admission, particularly as expert evidence based on those findings was subject to cross-examination before the jury. John Tighe pleaded not guilty.
The Court of Appeal has dismissed Graham Dwyer's appeal against his conviction for the murder of Elaine O'Hara. President Mr Justice George Birmingham, delivering the judgment of the three-judge court, upheld the unanimous jury verdict from 2015. The court rejected Dwyer's argument that the admission of mobile phone call data records constituted a miscarriage of justice, noting that traditional detective work provided independent, compelling evidence linking the phones to him. The judges also dismissed claims regarding the trial judge's demeanor, adverse media coverage, and the admission of video evidence, finding no prejudice to the jury. Furthermore, the court rejected the defense contention that suicide remained a live issue, concluding there was sufficient evidence for the jury to infer Dwyer stabbed O'Hara to death. Dwyer, a 50-year-old architect, was originally sentenced by Mr Justice Tony Hunt to the mandatory term of life imprisonment for what was described as a chilling and premeditated murder following a campaign of manipulation. The appeal court confirmed that the admission of the limited call data evidence could not conceivably be regarded as giving rise to a miscarriage of justice, thereby upholding the conviction.
Friends of the Irish Environment CLG (FIE) sought to have its legal aid application rejected by the Legal Aid Board referred to the Court of Justice of the European Union. The Court of Appeal declined to refer the case. FIE had argued that, under Article 47 of the EU Charter on Fundamental Rights, it was entitled to legal aid for certain proceedings, including a High Court challenge to the National Development Plan. The Legal Aid Board, funded by the State, had rejected the application on the basis that the 1995 Civil Legal Aid Act excludes corporate bodies. The High Court upheld the board's decision, and FIE appealed to the Court of Appeal. The Court of Appeal, with Justices David Barniville, Brian Murray and Seamus Noonan, dismissed FIE's claim that the 1995 Act made it eligible for aid.
Timmy O'Reilly, 48, of Kilkenny, was jailed after the Court of Appeal overturned his fully‑suspended 18‑month sentence for laundering over €120,000 while receiving social welfare. The appeal court, led by Ms Justice Úna Ní Raifeartaigh, found the original sentence unduly lenient and re‑sentenced him to 18 months with the final six months suspended. O'Reilly had pleaded guilty to eight counts of money‑laundering under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, involving 32 offences linked to €125,000 in an Irish Life account and two credit‑union accounts over eight years. He also had a separate suspended sentence for assault causing harm. The State argued the amount laundered and the length of time involved warranted custodial punishment, while O'Reilly's counsel highlighted his lack of a broader criminal scheme and his role as a community member.
In March 2023 the Court of Appeal quashed the conviction of a 50‑year‑old man who had been sentenced to four years' imprisonment for sexually assaulting a six‑year‑old girl. The conviction had been secured in a Dublin Circuit Criminal Court in May 2021 after the man pleaded not guilty. The appeal was based on the fact that the girl, who was 11 at the time of the trial, had no memory of the alleged assault and could only offer flashbacks when her video interview was played. The Court held that this lack of memory prevented the man from exercising his right to cross‑examine the child, thereby rendering the trial unfair. Consequently the Court ordered the conviction to be quashed, citing a real risk of an unfair trial due to the child's impaired memory.
In a Court of Appeal hearing on 20 March 2023, the State successfully appealed the sentence imposed on William Lyons, a 49‑year‑old from Limerick, for his role in a "vigilante mob" attack on a woman in Caherconlish on 17 February 2021. Lyons and three others entered the victim's home with faces covered and weapons, threatening to kill her and causing damage to the property. He had pleaded guilty to burglary, making a threat to kill and violent disorder. The original sentencing court had imposed a headline sentence of five years, reduced to two‑and‑a‑half years after a discount of 18 months for the guilty plea and other mitigating factors, and suspended an additional year for rehabilitation. The Court of Appeal found this to be unduly lenient, noting the seriousness of the offence and the physical and psychological harm inflicted, and ordered a re‑sentencing hearing for 28 March 2023.
Former soldier Lisa Smith, aged 41, remains in custody after the Court of Appeal rejected her appeal against a 15‑month sentence for membership of the Islamic State. The Special Criminal Court had convicted her for joining ISIS between 28 October 2015 and 1 December 2019, after she travelled to Syria in 2015. The appeal court dismissed all grounds relating to the sentence, noting that the reduction from a headline 30‑month term to 15 months reflected consideration of mitigating factors such as her prior good character, army service, motherhood and vulnerability. Smith's lawyers plan to appeal the conviction itself. With ordinary remission and one month already served in 2019, Smith is due for release on 27 May. The case will be heard again on 24 March.
Chaotic scenes erupted at the Court of Appeal on 7 March when members of the Burke family were physically removed from the courtroom during the dismissal of Enoch Burke's application to overturn injunctions directing him to stay away from Wilson's Hospital School in County Westmeath. As Court President Mr Justice Birmingham prepared to deliver judgment, family members including Burke's sister Ammi and parents Sean and Martina loudly disrupted proceedings, voicing opposition to the court's findings. Following repeated warnings, gardaí removed the family from the courtroom after they refused to comply with directions to leave. One person was arrested. The three-judge court unanimously rejected Burke's appeal, finding the injunctions validly made and lawful. Mr Justice Birmingham stated the school had acted in accordance with the Gender Recognition Act when considering a student's wishes. The court also found the orders were not an attack on Burke's religious rights. Burke, a teacher suspended following incidents at the school, had spent 108 days incarcerated for contempt of court and currently faces a daily fine.
The Court of Appeal has reserved judgment in a miscarriage of justice application by Declan Tynan, who was cleared of violent disorder after spending 11 months in custody. Mr Tynan, who pleaded not guilty to alleged violent disorder at a Tallaght bookmakers in 2012, was initially found guilty by a jury and sentenced to four years' imprisonment with the final year suspended in January 2017. His subsequent appeal was dismissed, but his conviction was quashed in April 2018 after another man came forward claiming responsibility. Counsel for Mr Tynan argued there was a "substantial and fundamental failure of process" due to the non-disclosure of an email exchange between Gardaí that identified potential suspects, which they alleged skewed the trial. The State's counsel contended that the identification evidence remained valid and that no grave error in the administration of justice was proven. The court allowed a seven-day window to determine if the man who came forward will give evidence before delivering its decision.
Lawyers for Declan Tynan, who spent 11 months in jail before his conviction was quashed, argued that Gardaí gave a false impression of a spontaneous identification of the accused at a Ladbrokes bookmakers attack in Tallaght on 13 December 2012. Tynan, 33, maintained his innocence and was convicted on the basis of a single visual identification by a Garda from CCTV footage. He was sentenced to four years' imprisonment, with the final year suspended. After an appeal was dismissed, a new witness came forward claiming to be the third attacker, leading to a Court of Appeal hearing in April 2018 that quashed the conviction under Section 2 of the Criminal Procedure Act. In the current appeal, counsel alleged that Gardaí circulated a bulletin and later sent an internal email that identified Tynan as a suspect, but this was not disclosed at trial. The appeal is set to continue tomorrow before a three‑judge panel. Declan Tynan pleaded not guilty.
In a 2023 Court of Appeal decision, a 24‑year‑old teacher, Norma Kiely, had her four‑year driving ban for a head‑on collision in Limerick in 2018 reduced to two years. Kiely, a qualified secondary school teacher from Coolaboy, Dromcollogher, had originally been charged with dangerous driving causing serious harm but pleaded guilty to careless driving causing serious harm. She received a one‑year suspended sentence, a €5,000 fine, and a four‑year ban in October 2021. The Court of Appeal found that a mandatory ban was not required for first‑time offenders and that the sentencing judge had erred. The appeal did not alter the suspended sentence or fine; only the ban was halved to two years, with the judge noting the offence's significant lack of attentiveness and the grave consequences for the victim.
In February 2023 the Court of Appeal upheld a seven‑year jail term for a Louth resident convicted of raping a 21‑year‑old woman at a May 2017 house party. The defendant had pleaded not guilty, was found guilty by a jury, and received an eight‑year sentence with the final year suspended. He appealed, arguing the headline nine‑year sentence was too high and that mitigating factors had not been adequately considered. The appeal was dismissed. The court noted that the defendant's strategy at trial—refusing to admit guilt—forced the victim to give evidence in the witness box, causing her significant trauma. The judge confirmed the headline sentence was within the appropriate range and that no error in principle had occurred. The case remains at the appellate level with the original seven‑year term in force.
The Court of Appeal has increased jail sentences for two women convicted in Ireland's first human trafficking case involving alleged voodoo ceremonies. Alicia Edosa and Edith Enoghaghase, originally sentenced in September 2021 following a June 2021 trial at Mullingar Circuit Criminal Court, were found guilty of trafficking women between 2016 and 2018. Evidence indicated victims underwent ceremonies in Nigeria before being coerced into prostitution across multiple locations including Castlebar, Letterkenny and Cavan. Mr Justice George Birmingham rejected their conviction appeals and found original sentences substantially inadequate. Edosa, formerly of Mullingar, has been re-sentenced to seven-and-a-half years imprisonment. Enoghaghase, also formerly of Mullingar, received seven years and one month. The judge noted the sentencing judge faced unprecedented circumstances with no comparative guidelines for this offence type. Alicia Edosa pleaded not guilty. Edith Enoghaghase pleaded not guilty.
In February 2023 the Court of Appeal quashed a suspended three‑year sentence for Mark Kearney, 44, who had chained a man to the steering wheel of an abandoned car over an alleged drug debt. The original sentence, imposed in April 2022, was deemed too lenient. Kearney had pleaded guilty to false imprisonment after taking the victim from Ballymun to his Cedarhurst home, where he tied the man's right wrist to the steering wheel with a chain and padlock, removed his shoes and socks, and left him in the cold. The victim described the ordeal as psychological torture, including racial abuse. The Court of Appeal, citing the severity of the restraint, imposed a new sentence of two‑and‑a‑half years' imprisonment, with the last two years and six months suspended on conditions of good behaviour and rehabilitation. The decision was based on the State's appeal that the original suspended sentence was unduly lenient.
In a Court of Appeal hearing, two men, Curtis Devlin (28) and Patrick Gray (39), had their six‑year prison sentences upheld for blackmail and demanding with menace. The men entered a couple's home in Wexford in October 2020, claiming a drug debt owed by the couple's daughter. They demanded money and threatened to kill the wife and husband. After leaving, they called the couple from a getaway car, demanding €10,000 by 9 pm and issuing further threats. The appeal court found no difference in culpability between the men, ruling the case a joint enterprise. The court upheld the original sentences, noting the pre‑meditated targeting of innocent family members to pressure payment. The victim impact statement described the family's life as changed, with them feeling trapped and obsessed with safety in their own home. Curtis Devlin pleaded guilty. Patrick Gray pleaded guilty.
Enoch Burke brought an appeal to the Court of Appeal challenging orders directing him to remain away from Wilson's Hospital School in County Westmeath. Mr Burke contends that the school's direction to refer to a student by an alternative name and pronoun constitutes an unlawful demand to participate in transgenderism, in breach of his Constitutional rights to freedom of religious expression. The school maintains that the orders were properly granted following Mr Burke's conduct at a religious service and subsequent school function. The court heard submissions from Mr Burke, representing himself, and counsel for the school, before reserving its decision. The appeal was limited to challenges against temporary injunctions granted by two High Court judges. The court indicated it would endeavour to deliver its decision promptly on this significant matter. The full case between the parties remains pending before the High Court, with a hearing expected later in the year.
In a Court of Appeal hearing on 15 February 2023, Mr Justice John Edwards upheld the constitutionality of the Children Act 2001, rejecting a challenge that the legislation was defective. The case concerned a 17‑year‑old boy, who was 13 when he raped his seven‑year‑old cousin, and who had been found guilty of rape and four counts of sexual assault. Mr Justice Edwards noted that the Act provides no mechanism for deferring or suspending a custodial sentence for a minor, and that the trial judge, Ms Justice Karen O'Connor, had no alternative but to impose immediate detention. Mr Justice Edwards said the law must be applied as it stands, and that any amendment would be the responsibility of the Oireachtas. The appeal will be heard by a non‑jury, three‑judge court on 27 February, as the defendant turns 18 next month. The boy's sentence appeal remains pending. The judge denied bail for the defendant. The unnamed 17-year-old pleaded not guilty.
In February 2023 the Court of Appeal increased the jail term of a 78‑year‑old man convicted of raping and sexually abusing a child over a decade. The man, whose name is withheld to protect the victim, had been jailed for seven years after a 2021 conviction on 72 counts, including rape, oral rape, anal rape and sexual assault, committed between 1991 and 2001. The State appealed on grounds of undue leniency. Judge John Edwards ruled that the original 15‑year headline sentence had been too low, citing aggravating factors such as the child's age, the duration of the abuse and the breach of trust. The new headline sentence was 14 years, with a one‑year discount for lack of prior convictions and good character, and a four‑year suspension, leaving nine years to be served. The victim's impact statement described lasting trauma and the loss of her childhood. The man's appeal last month was dismissed. The unnamed man pleaded not guilty.
In February 2023 the Court of Appeal heard the appeal of Renato Gehlen, a 40‑year‑old Brazilian who was convicted of murdering his wife, Anne Colomines, in October 2017. Gehlen had denied the murder and claimed that Colomines stabbed herself during a struggle. The jury had rejected this claim, finding the wounds unlikely to be self‑inflicted, and had convicted Gehlen of murder, sentencing him to mandatory life imprisonment. At the appeal, Gehlen's lawyers argued that a defence of provocation and loss of self‑control had not been allowed to be presented to the jury. The judges, however, noted that there was no evidence of Gehlen's loss of control and that a provocation defence would be inconsistent with the evidence of the fatal wounds. The court reserved its judgment on the appeal. The case remains at the appellate stage.
Michael Welby, 24, was originally sentenced to three years' imprisonment with 18 months suspended for dangerous driving that caused the death of 16‑year‑old Róisín Hession in March 2020. The Court of Appeal increased his jail term by a year, quashing the original sentence and imposing a six‑year headline sentence, with two years discounted for his guilty plea and remorse. The 18‑month suspended portion remains, leaving Welby to serve two‑and‑a‑half years in custody and a four‑year driving ban. The appeal was based on the State's argument that the original sentence was unduly lenient, citing Welby's speed, alcohol level, defective vehicle and the tragic loss of a teenager. The court noted the severe impact on Hession's family and the aggravating circumstances of the crash.
On 13 February 2023, Mr Justice George Birmingham, President of the Court of Appeal, warned teacher Enoch Burke that his appeal against an injunction preventing him from attending Wilson's Hospital School might not be heard if he remains in contempt of that order. The warning came after Burke was physically removed from a courtroom by Gardaí for interrupting proceedings before Mr Justice Brian O'Moore. Burke's appeal, scheduled for Thursday, concerns orders from the High Court last September, including the injunction and a decision to dismiss him from his role as a History and German teacher. Burke claims wrongful dismissal and that the school breached his rights over a student's pronoun preference. Mr Justice Birmingham noted that the appeal could be dismissed if Burke continues to disobey the court's directives, citing his 108‑day imprisonment for contempt and a €700 daily fine imposed by the High Court.
An unnamed 17-year-old appellant, who was 13 at the time of the offences, was sentenced to one year of detention for sexually assaulting and raping his seven-year-old cousin. The defendant was found guilty by a jury of orally raping his cousin following a trial earlier this year. He also pleaded guilty to four counts of sexually assaulting her on unknown dates between October 1 and December 31, 2018. Ms Justice Karen O'Connor imposed a headline sentence of four years for the juvenile defendant, reduced to one year of detention after considering mitigating factors such as his age, lack of previous convictions, and cooperation. She also imposed nine-month sentences for each sexual assault count, all to run concurrently, and ordered two years of post-release supervision. The court noted aggravating factors including the age disparity, the power imbalance, and the fact the offences occurred in the victim's home. Last month, Ms Justice O'Connor agreed to defer finalisation of the case for two weeks while defence counsel made an application to the Court of Appeal. Defence counsel Lorcan Staines SC stated the intention was to lodge an appeal, challenging the "novel" approach taken during the trial where no cross-examination was conducted to avoid trauma to the victim. The matter was adjourned pending this application.
The Court of Appeal reduced the sentence of a 38‑year‑old man, who had 41 prior convictions, from six years to three years on each of four defilement charges. The man had been convicted in 2016 of two counts of defiling a 16‑year‑old girl, with the original sentences running consecutively: four years for the first offence and three years and six months for the second, the last 18 months suspended. The appeal argued that consecutive sentences were unnecessary because the offences occurred over a short period and involved a single victim. The Court agreed, quashing the consecutive structure and ordering that all four sentences run concurrently, thereby halving the total custodial time. The man remains on the sex offenders register. The case highlighted the victim's anxiety, depression and suicidal attempts following the offences. The unnamed 38-year-old pleaded not guilty.
In a 2023 Court of Appeal hearing, Chris Kelly, aged 32, received a six‑year jail term with the last year suspended for possession of a firearm, a longer sentence than his co‑accused Kealan Madden, who had 13 prior convictions and was sentenced to five years with the final 12 months suspended. Kelly pleaded guilty to possession of a handgun on 20 May 2020 at Ballinlaw, Slieverue, Co Kilkenny, where Gardaí stopped him and two other men. The vehicle was searched, revealing a semi‑automatic pistol and 47 rounds of ammunition, all of which had been modified for live fire. Kelly resisted arrest and was forcibly removed. Madden, seated in the rear, was found with a dark green sock containing a tray of ammunition.
In a 2023 appeal, the State argued that a 34‑year‑old man was wrongly acquitted of rape and sexual assault of a six‑to‑seven‑year‑old girl in 2005. The jury had been directed by Judge David Keane to find the man not guilty, citing UK case law that a person who invites another to touch them cannot be convicted of assault. The State cited Fairclough v Whipp and DPP v Rogers, arguing that the alleged victim's touching was voluntary and that the man's alleged actions did not constitute an active assault. The State also noted the victim's statement that the man "kind of just stopped" during the alleged assault, suggesting agency. Counsel for the respondent, Fiona Murphy, countered that the victim's touch was initiated by invitation and that no force was used, challenging the State's reliance on the UK cases.
The Court of Appeal dismissed a 39‑year‑old man's appeal against a three‑year prison sentence, with 18 months suspended, for his role in a sophisticated drug‑dealing scheme that imported cannabis disguised as nappies. The appellant, Damien Cahill of Railway Close, Kilsheelan, was convicted in July 2021 for possessing cannabis for sale or supply on 22 September 2017. He had previously supplied cocaine, a fact the court noted as evidence of a recidivist pattern. Cahill admitted he had ceased cocaine but continued to use cannabis, and the court found no evidence of rehabilitation or completion of addiction treatment. The judge upheld the original sentence, citing the seriousness of the offence and the lack of error in the sentencing decision. The appeal was therefore rejected.
Michael Delaney, 36, was sentenced to three years' imprisonment in June 2022 for hijacking a car and violently assaulting a Good Samaritan, Zolt Tolmowski, who offered him a lift. Delaney had a 12‑13 year driving ban and was on bail at the time. The Court of Appeal quashed the original sentence and re‑sentenced him to seven years' imprisonment, with the final 12 months suspended. The new sentence includes five years for the hijacking, three years for assault causing harm, and 12 months for violent disorder, with the latter suspended. Delaney's concurrent sentences for dangerous driving, driving without insurance, driving without a licence and failing to supply a urine specimen remain at four months each. The Court noted his 99 prior convictions and his participation in rehabilitation programmes while incarcerated. The decision was made after the State appealed the original sentences as unduly lenient. Michael Delaney pleaded guilty.
The State appealed the fully suspended 18‑month sentence imposed on Timmy O'Reilly, a 47‑year‑old "family man" from Kilkenny, for laundering over €120 000 while receiving social welfare. The Court of Appeal heard that O'Reilly had pleaded guilty to eight counts under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 and was charged with 32 offences relating to €125 000 found in an Irish Life account and two credit union accounts between 2011 and 2018. Judge Cormac Quinn had originally set a headline sentence of three years' imprisonment, reduced to 18 months before suspending it entirely. The State argued that a custodial term was necessary, citing O'Reilly's 15 prior convictions and a previous suspended sentence for assault. O'Reilly's counsel contended the money was inactive, not part of a larger scheme, and that the suspended sentence was within the judge's discretion. The court reserved judgment.
In a 2023 Court of Appeal decision, the State's appeal to increase the sentence for Caitlin Corcoran, an 18‑year‑old Waterford woman convicted of manslaughter for the death of her newborn Sophie Elizabeth, was dismissed. Corcoran had given birth in a toilet on 22 April 2018, placed the infant in a bin, and the child was later found dead. She was found guilty of manslaughter and child neglect in October 2021. Judge Eugene O'Kelly originally imposed a headline sentence of four years, reduced by nine months and suspended three years, leaving Corcoran jailed for three months (served five weeks). The Court of Appeal, led by Justice George Birmingham, upheld the original mitigation, noting Corcoran's psychological issues, cooperation with Gardaí, remorse, and lack of prior convictions. The appeal was dismissed, confirming the sentence remained unchanged. The case was described as "tragic" and "extraordinary" but the court found no basis for a harsher penalty. The unnamed woman pleaded not guilty.
In a Court of Appeal hearing on 19 January 2023, the defence of a 56‑year‑old man jailed for sexually assaulting an asylum seeker argued that new material discovered on the victim's phone could have altered the trial. The victim, who had sought asylum in November 2017 to avoid an arranged marriage, had previously claimed she had not researched immigration or marriage rules before arriving in Ireland. However, her phone records showed searches for immigration, residency, marriage and visa rules in 2016, the year before her arrival. The defence also highlighted searches for sexual topics such as oral sex, AIDS and contraceptives, and messages congratulating her on a ceremony held at a Dublin mosque on 1 December 2017, which the state said were merely potential and not substantive. The court was instructed to reserve judgment on the impact of this new evidence. The case remains at the appeal stage. The unnamed 56-year-old pleaded not guilty and was convicted.