In a 2023 Court of Appeal hearing, the court increased the sentence of Costel Pirvu, a 39‑year‑old non‑English‑speaking foreign national, for raping a 19‑year‑old woman with a mild intellectual disability three times after forcibly taking her to his apartment. The original six‑and‑a‑half‑year term was quashed and replaced with a ten‑year imprisonment, with the final year‑and‑a‑half suspended. The appeal judge criticised the trial judge for giving an excessive discount for Pirvu's language barrier, describing it as "extremely high" and "excessive". The judge noted Pirvu's prior convictions, including attempted rape, and a disturbing probation report that showed no remorse or empathy toward the victim. The new sentence was back‑dated to the date Pirvu entered custody in August 2018. The decision was made after a nine‑day trial at the Central Criminal Court where Pirvu pleaded not guilty to all counts. Costel Pirvu was found guilty.
Costel Pirvu, 39, was convicted of three rapes and one false imprisonment after a nine‑day trial at the Central Criminal Court. He was sentenced to ten years, with the final three‑and‑a‑half years suspended and back‑dated to his arrest in August 2018. The Court of Appeal heard that the judge had applied a 50 % mitigation factor because Pirvu, a foreign national who does not speak English, would find prison life more difficult. The appeal argued this discount was extraordinary. Pirvu's defence said the judge acted within discretion and that Pirvu had medical concerns and limited access to English‑speaking support while in custody. The appeal was adjourned for judgment on 19 January 2023. The case involved a 19‑year‑old woman who was raped on a side‑street, taken to Pirvu's apartment, and raped twice more before being released the next morning. The victim suffered physical injuries and ongoing PTSD, depression and suicidal thoughts. Costel Pirvu pleaded not guilty.
The Court of Appeal has ruled that a mandatory driving ban is not required for those convicted of careless driving causing death where it constitutes a first offence. The court determined that mandatory disqualification applies only when a person has accumulated at least two previous driving convictions within three years prior to the offence in question. The decision followed a civil appeal brought by Colleen McCann, aged 27, of Drumacon, Castleblayney, County Monaghan, who was convicted of careless driving that resulted in the death of a teenager in July 2012 at Maghernakill, Castleblayney. McCann received a 12-month fully suspended sentence at Monaghan Circuit Court in October 2021. Mr Justice Patrick McCarthy said the case would be returned to the Circuit Court for finalisation regarding the matter of any discretionary driving disqualification order.
Patrick Dooley, 35, of Arbutus Grove, Killarney, Co Kerry, remains in custody after the Court of Appeal dismissed his appeal against the High Court's refusal of bail. Dooley is charged with murdering his brother, Thomas Dooley, on 5 October at Rath Cemetery, Rathass, Tralee, under Common Law. The High Court denied bail on 26 October, citing community risk and flight risk. Justice John Edwards agreed with the High Court's concerns and upheld the bail rejection, leaving Dooley in custody.
A man from County Cavan is appealing his conviction for a post office robbery in Dublin during which three women were tied up and abducted. Paschal Kelly, aged 56, was convicted in 2018 of robbery, false imprisonment, threatening to kill, and other offences relating to a €92,000 theft from Bayside Post Office in Sutton in September 2014. He was sentenced to 18 years. The Court of Appeal heard arguments on the strength of evidence against him. The State's counsel cited DNA evidence recovered from discarded clothing found at the scene and a bottle in the getaway vehicle, alongside CCTV footage and garda identifications of the driver. The defence challenged the quality of CCTV footage, arguing the jury should have been instructed not to make visual identifications themselves and questioned the reliability of mixed DNA profiles as evidence of guilt. The Court of Appeal reserved judgement.
The Court of Appeal upheld a 12‑year sentence for John Faulkner, a getaway driver in a burglary gang that targeted elderly homes during mass. Faulkner, aged 40, was convicted of burglary, dangerous driving and endangerment. The judge imposed 12 years for burglary, two years for endangerment and six months for dangerous driving, and disqualified him from driving for 20 years. The appeal argued the sentence was disproportionate compared to co‑accused sentences of nine years with two suspended, but the appellate court held the 12‑year term reflected the totality of offences. The case involved a robbery at a home in Freemont, Charleville, where Faulkner drove the getaway vehicle, pursued by Gardaí, before crashing into a Garda car. The appeal was dismissed. John Faulkner pleaded not guilty.
In December 2022, the Court of Appeal upheld that Kirsty Cummins, a 20‑year‑old mother, had been given an overly lenient fully‑suspended four‑year sentence for possession of drugs for sale or supply. Cummins, who had recently turned 18 at the time of the offence, was found with a Tesco bag containing about €70,000 of cocaine and €172,000 of heroin. She pleaded guilty and had no prior convictions. The Court noted her pregnancy, her child's health issues, her remorse, and a positive probation report. The judge re‑sentenced her to the same fully‑suspended four years but increased her probation supervision from 18 months to three years. The decision was made after the State argued the sentence was too lenient compared with a co‑accused who received three years' imprisonment. The court considered Cummins' age, lack of prior convictions, and her efforts to distance herself from negative peers as mitigating factors.
A serial arsonist whose fire claimed his uncle's life has had his prison sentence increased by the Court of Appeal. Daniel Murray, aged 40, of no fixed abode but residing in County Cavan, was originally sentenced to seven-and-a-half years at the Central Criminal Court in January 2022 after pleading guilty to the manslaughter of Patrick Oliver Murray at Derrylurgan, Ballyjamesduff, on 2 August 2018. The State successfully argued the sentence was unduly lenient. Mr Justice Patrick McCarthy determined that Murray's culpability was very significant and re-sentenced him to nine-and-a-half years in custody. The court noted Murray's previous arson convictions and the vulnerability of his intoxicated uncle, who was asleep when the fire began. While acknowledging Murray's guilty plea and demonstrated remorse in custody, the judge emphasised the retributive and condemning nature of the offence, which resulted in loss of life.
The Court of Appeal has dismissed an appeal by a 64-year-old Wicklow man, who was convicted of raping his former partner in 2015. The appellant sought to introduce new forensic evidence regarding digital artefacts on the complainant's phone, specifically activity involving Google Play and Kindle apps at 3.51am, which his legal team argued was incongruous with the alleged assault. Mr Justice Patrick McCarthy, delivering the judgment, rejected the motion, stating it was unclear whether these entries were user-generated or background functions. The court found that the threshold for admitting fresh evidence, which requires exceptional circumstances, was not met, as there was no reason to suppose such records could not have been obtained at trial. The three-judge panel concluded the proposed evidence would not have a decisive influence on the case outcome. The man, who denied the charge, was originally convicted by a jury at the Central Criminal Court. In February 2019, Ms Justice Carmel Stewart sentenced him to seven years' imprisonment, with the final 18 months suspended. The complainant, who read a victim impact statement at sentencing, stated she had forgiven the man for her own peace of mind. The appeal was dismissed, leaving the original conviction and sentence intact.
In the Court of Appeal, the State maintained that the evidence against Graham Dwyer remains "overwhelming" and that the mobile‑phone call data used at trial was not essential to securing his conviction for the 2012 murder of Elaine O'Hara. Dwyer, aged 50, is appealing his 2015 conviction. His counsel argues that the retention of the call data constitutes an "opportunistic form of mass surveillance" and that the prosecution's reliance on it was improper. The State countered that Dwyer was identified through multiple independent routes: call‑data, text‑message analysis, DNA evidence, and documentary corroboration. The State highlighted that the texts sent from the phone attributed to Dwyer contained details that matched witnesses' statements and documents, including a child's birth‑certificate and a car‑repair bill. The appeal court has heard both sides and reserved judgment. The case remains at the appeal stage, with no new outcome announced.
In a Court of Appeal hearing on 2 December 2022, Graham Dwyer, aged 50, was repeatedly interrupted by his legal team while he denied text messages that the prosecution claimed linked him to the murder of Elaine O'Hara in 2012. Dwyer's lawyers argued that the retention of mobile phone data used in the case was an "opportunistic form of mass surveillance" and that the evidence was not essential to securing the guilty verdict. The prosecution, represented by Sean Guerin SC, maintained that the texts, along with DNA and other documentary evidence, proved Dwyer's intent and identity. Dwyer's appeal focused on the admissibility of the phone data, citing European Court of Justice rulings that such retention breaches fundamental rights. The case remains before the Central Criminal Court.
Deirdre Brady, aged 55 and wife of Kinahan Cartel member Declan Brady, was given a three‑year wholly suspended sentence in July 2023 for laundering almost €800,000 of crime cash. The Court of Appeal quashed that sentence on 1 December 2022, finding it too lenient, and ordered her to serve one year in jail from January 2023. Brady had pleaded guilty to two offences under Section 7 of the Criminal Justice Act. The laundering involved €770,499 transferred through four bank accounts, a Spanish holiday property mortgage, a wedding at Druid's Glen, and other gang members. The appeal was brought by the Director of Public Prosecutions, who argued the gravity of the case warranted custodial terms. The Court of Appeal noted Brady's active role in managing the Spanish property and her benefit from the illicit proceeds.
In a Court of Appeal hearing on 1 December 2022, lawyers for Graham Dwyer argued that the retention of mobile‑phone data used in his 2015 murder trial was an "opportunistic form of mass surveillance" that breached his rights under the European Charter of Fundamental Rights. Remy Farrell SC contended that the 2011 Communications (Retention of Data) Act, which required mobile‑phone companies to keep data for two years, amounted to indiscriminate surveillance of all phone users, not just suspected criminals, and that the data from Dwyer's work phone had been used to build a detailed picture of his life. Michael Bowman SC added that the trial judge's non‑verbal behaviour and the introduction of nine videos of Dwyer with various women may have unduly influenced the jury. Dwyer, 50, was convicted of murdering 36‑year‑old Elaine O'Hara in 2012 and was sentenced in 2015.
Mícheál Ó Leidhin, 38, a former RTÉ journalist, lost his appeal against a conviction for sexually assaulting a woman who was asleep at his former home. The Court of Appeal, led by Ms Justice Aileen Donnelly, ruled that consent cannot be implied when a person is asleep and rejected the appellant's argument that prior consensual activity could establish implied consent. Justice Donnelly described the appeal grounds as speculative and dismissed both the conviction and sentence appeals. She noted that the trial judge had considered Ó Leidhin's lack of prior convictions, good character, loss of employment, and cooperation with Gardaí, and that the final three months of the 18‑month sentence were suspended. The decision reaffirmed the conviction and the imposed custodial term.
The Court of Appeal has reduced the prison sentence of Christopher Ashmore, a 76-year-old man convicted of sexually assaulting his partner's daughter in the late 1990s. Ashmore, of Co Roscommon, had pleaded not guilty to five counts of sexual assault, including two charges of oral rape, committed in Dublin between January 1998 and December 1999. A Central Criminal Court jury found him guilty on four counts in June 2021. Originally, Ms Justice Carmel Stewart sentenced him to ten years' imprisonment for the two oral rape charges, with the final 12 months suspended, and three years for the two sexual assault charges, to run concurrently. In this appeal, Mr Justice John Edwards dismissed the challenge to the conviction but quashed the original sentence for the rape convictions, citing Ashmore's age and the prospect he might die in prison. In re-sentencing, Mr Justice Edwards fixed a headline sentence of 12 years but discounted three years in mitigation and suspended the final two years. Consequently, Ashmore is to serve nine years' imprisonment with the final two years suspended. The victim, who waived anonymity, described Ashmore as a "sick sexual abuser" who left her a "broken child." The court noted the offending was heinous and persistent, but adjusted the effective custody period based on mitigating factors.
A 50‑year‑old convicted sex offender, whose identity is withheld to protect his victim, had his sentence increased at the Court of Appeal after the State appealed his original 5½‑year term. The man broke into his ex‑partner's home in the middle of the night, armed with a hook‑like gardening implement, and sexually assaulted her after striking her with the tool. He also assaulted her in the living room during a struggle. The original judge had sentenced him to 5½ years for aggravated burglary (final year suspended) and 5 years for sexual assault (final six months suspended), plus additional terms for assault causing harm, criminal damage and making threats to kill. The appeal argued the sentence was unduly lenient. The Court of Appeal quashed the original sentence, set a headline sentence of nine years, suspended two and a half years, and ordered probation and a safety order after the 5½‑year custodial term. The unnamed accused pleaded not guilty.
A burglar was caught after he rang a phone he had left at a Dublin suburb burglary scene. Garda Stephen White answered the phone, which was covered in glass, and arranged a meeting with the owner, David Lynch, who was 50. White met Lynch in plain clothes at the Molly Malone statue, and Lynch was found to be carrying a knife. Lynch was arrested and later convicted of possession of a knife, burglary, criminal damage and obstruction of a peace officer. He was sentenced to three years and three months in prison. The appellant appealed, arguing that White had failed to identify himself as a Garda and had not cautioned him. The Court of Appeal dismissed the appeal, finding no error in the trial judge's ruling and that White was entitled to ask questions and arrest Lynch when he identified the phone as his own.
The Court of Appeal has dismissed Kieran Greene's appeal against his murder conviction for killing Patricia O'Connor at her home in Mountainview Park, Rathfarnham, Dublin 14, on May 29, 2017. Greene, who pleaded not guilty, had argued that the trial judge erred by refusing to leave a defence of provocation to the jury, claiming he suffered a "slow burn" similar to domestic abuse victims. Mr Justice Patrick McCarthy rejected this, stating there was no evidential basis for such a defence. The court also upheld the refusal to sever Greene's trial from his co-accused and dismissed arguments regarding the admissibility of hearsay evidence concerning the deceased's husband, Augustine O'Connor. Augustine O'Connor, who pleaded guilty to reporting his wife missing to gardai at Rathfarnham Garda Station on June 1, 2017, knowing she was dead, was sentenced to 18 months in prison and has since died. In related proceedings, Louise O'Connor was found guilty of acquiescing in her daughter Stephanie O'Connor disguising herself as the deceased to conceal her death; Louise was jailed for two-and-a-half years. Stephanie O'Connor, found guilty of disguising herself as Patricia O'Connor, was jailed for one-and-a-half years. The appeal court confirmed the trial judge was correct in limiting jury options to murder, manslaughter, or acquittal, rejecting the defence's request for an accessory-to-murder verdict.
Darren Thompson, aged 29, had his 2017 gang‑rape conviction quashed by the Court of Appeal after his lawyers discovered that the complainant had made allegations against other men that were either unfounded or not followed up. The conviction had been based on the claim that Thompson and two others raped a woman who had been celebrating her 21st birthday in a nightclub. Thompson was sentenced to six years' imprisonment, with the final two years suspended, and had already served his term by the time the appeal was heard. In November 2022 Thompson applied for a certificate declaring a miscarriage of justice, arguing that key information—specifically Tusla documents showing the complainant's other complaints—had not been disclosed to the defence. The Court of Appeal, hearing the application, noted that the omission prevented the defence from cross‑examining the complainant on those matters. The judge reserved judgment on the application. Darren Thompson pleaded not guilty.
Sean Lane, aged 29, was convicted and jailed for nine years for a brutal baseball bat assault on Eamon Sheehy at St Stephen's Park, Castleisland, on 14 January 2018. The court found the attack went far beyond self‑defence, and Lane also received a concurrent three‑year sentence for producing the bat during a dispute. A second defendant, Jason Keane Broderick, aged 21, was sentenced to three years with one year suspended for possessing the bat. Lane appealed, arguing that his case should have been tried separately from Broderick's and that Broderick's statements about Lane's temper and prior offences had prejudiced the jury. The Court of Appeal dismissed the appeal, ruling that the trial judge's decision to try the cases together was lawful and that the evidence presented was not gratuitously prejudicial. The appeal was rejected on 7 November 2022. The article reports the court's findings and the appeal decision, without mentioning any subsequent developments.
In November 2019, a 30‑year‑old man was found guilty of raping a sleeping woman at a house party in Co. Kildare. The trial, lasting a week, involved a jury of five women and seven men. The accused claimed the victim had consented, but the court heard that she was fully dressed, had gone to bed, and woke to find the man raping her. She fled to her sister's room and reported the assault. The judge, Mr Justice Michael White, sentenced him to five years' imprisonment in July 2020. In November 2022, the man appealed to the Court of Appeal, arguing that a Garda witness's oral evidence was materially inconsistent. Mr Justice Patrick McCarthy dismissed the appeal, stating the evidence had been properly considered and no prejudice to the jury was found. The conviction and sentence remain in force. The unnamed man pleaded not guilty.
Keith Malone, 40, of Barnashrone, Mountmellick, was charged with assault causing harm and production of an article after stabbing his partner four times on 6 January 2019, causing a damaged liver, collapsed lung, broken rib and elbow gash. He pleaded guilty and was sentenced at Naas Circuit Court on 19 January 2022 to three years' imprisonment with the last three months suspended for 12 months. The State argued the sentence was unduly lenient; the Court of Appeal quashed the 33‑month term and re‑sentenced Malone to four years, with the final three months suspended. The appeal judge noted aggravating factors including breach of trust, weapon use and high intoxication, and that the victim should not have to fear her own home. The new sentence reflects the offence's highest gravity and the judge's assessment of mitigation.
A 31‑year‑old man was convicted of recklessly infecting two women with HIV, the first case of its kind in Ireland. He knew he was HIV positive, had been warned not to have unprotected sex and to take his medication, yet he had multiple unprotected encounters with each woman between November 2009 and June 2010. Evidence showed he had not been taking his medication, as his viral load was positive in 2010. The trial found he caused serious harm to the women under Section 4 of the Non‑Fatal Offences Against the Person Act. He pleaded not guilty, but the jury rejected the plea and he was sentenced to ten years' imprisonment. The Court of Appeal upheld the sentence, ruling the level of recklessness was high and the sentence proportionate. The appeal was dismissed, and the conviction remains unchanged. The man's identity is withheld to protect the victims.
Michael O'Donoghue, aged 43, received a ten‑year prison sentence with the final six months suspended for five years after the Court of Appeal quashed his original five‑year term. The appeal was prompted by the Director of Public Prosecutions, who argued the sentence was too lenient for the gravity of the offences. O'Donoghue pleaded guilty to 31 counts of sexual assault, one count of rape and one count of producing child pornography against his daughter, Aimee Foley, aged 12 to 17 during the period 2012‑2018. The Court of Appeal found his conduct egregious, noting he gave her alcohol and drugs, showed her pornography, filmed the abuse and threatened her. The judge set a headline sentence of twelve years for the rape, reduced to seven with two years suspended, and imposed concurrent sentences of three and four years for the other assault counts. The final sentence was back‑dated to 14 April 2021.
A burglar, David Lynch, 50, was arrested after a garda rang a phone he had left at a burglary scene. The garda, Stephen White, answered the phone in plain clothes and arranged a meeting with Lynch, who claimed to have lost the phone. Lynch was identified as the owner and later convicted of possession of a knife, burglary, criminal damage and obstruction of a peace officer, receiving a sentence of three years and three months. Lynch has appealed, arguing that White failed to give a proper caution when meeting him. The appeal court heard that White believed Lynch was the culprit and that he should have identified himself and cautioned Lynch. The judge noted that while suspicion is not a reason to caution, a suspect should be identified and cautioned. The judgment was reserved for a later date.
In a case heard by the Court of Appeal, the State argued that the 33‑month jail sentence imposed on Keith Malone, 40, for repeatedly stabbing his partner was too lenient and should be set aside. Malone had stabbed his partner four times on 6 January 2019, causing a damaged liver, collapsed lung, broken rib and a gash to her elbow, which required three weeks in hospital. He was originally sentenced at Naas Circuit Court on 19 January 2022 to three years' imprisonment, with the last three months suspended for 12 months. The State contended that the headline sentence of five years was justified but the final sentence was unduly lenient, citing the gravity of the offence and the lack of mitigating factors. The Court of Appeal reserved judgment for a later date.
A 40‑year‑old man was convicted of 48 counts of rape and sexual assault of his younger sister between 1999 and 2005. The offences included penetration with a screwdriver and a vibrator. He was sentenced to 11 years in prison, reduced from an initial 14‑year headline. The man appealed, arguing the judge had misapplied sentencing principles, misjudged the gravity of the offences and failed to suspend part of the sentence. The Court of Appeal dismissed the appeal, noting that the majority of the offences were committed after the appellant reached majority and that the judge's assessment of gravity was correct. The court also found no evidence of remorse or acceptance of responsibility, and therefore no basis for reducing the sentence or suspending any portion. The appeal was dismissed, upholding the 11‑year term.
Patrick O'Sullivan, aged 76, pleaded guilty to a vicious, unprovoked stabbing of 57‑year‑old Cormac Daly outside a Cork pub on 20 July 2020. The original ten‑year sentence imposed by Judge Seán Ó Donnabháin at Cork Circuit Court in September 2021 was based on a headline of 12 years. O'Sullivan appealed, arguing the judge failed to consider his age and mitigating factors. The Court of Appeal, hearing the case on 18 October 2022, reduced the sentence by two years, from ten to eight. The three‑judge panel, led by Mr Justice Patrick McCarthy, found the original judge had erred in not giving sufficient weight to O'Sullivan's age. The reduction was deemed within the permissible 15‑30% range, and the court noted the guilty plea and the fact that the case was resolved in under a year.
John O'Leary, 52, of Churchfield Garden, Cork, was convicted in December 2020 of possession of heroin for sale or supply at his former address on Knapp's Square, Redmond Street. Gardaí found about €22,000 worth of heroin, a €1,665 sum and electronic scales at his home while he was lying in bed. He received a nine‑year sentence in June 2021, with the final two years suspended and a three‑year probation order. In October 2022 the Court of Appeal heard that O'Leary is seriously ill with cancer and that he had never before appeared in the Circuit Court, though he had a prior sale or supply conviction at district level. The appeal argued the headline sentence of 12 years was too harsh. The Court of Appeal quashed the original sentence and re‑sentenced him to seven years' imprisonment, suspending the final year for two years, citing his serious illness and personal circumstances. John O'Leary pleaded guilty.
Mervyn Tanner, a 47‑year‑old former financial advisor from Mallow, was found guilty of defrauding five people of €209,900 between November 2010 and March 2016. He pleaded guilty to seven charges of using a false instrument under Section 26 of the Criminal Justice (Theft and Fraud Offences) Act and theft under Section 4 of the same act. The Court of Appeal, hearing the appeal before Mr Justice John Edwards, Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, dismissed Tanner's appeal. Mr Justice Edwards noted that the breach of trust was aggravated by the vulnerability of some victims, including a woman who had recently lost her brother, and by Tanner's continued fraudulent activity after his licence was revoked in 2014. The appeal was dismissed, confirming the five‑year sentence imposed by the Cork Circuit Court.
The Court of Appeal has dismissed the second appeal by an unnamed 59-year-old Tipperary man against his 11-year prison sentence. The appellant was convicted by a Central Criminal Court jury of five sexual offences, including rape and sexual assault, committed against his special needs daughter between 2003 and 2011. He had initially pleaded not guilty to 32 counts, with the jury acquitting him on 27 counts after the judge directed not-guilty verdicts on 17. In February 2020, he was sentenced to 12 years, with the final year suspended, resulting in an effective 11-year term. Counsel for the appellant, Colman Coady SC, argued the sentence was excessive and unduly severe for the higher sentencing category. The State, represented by Fiona Murphy SC, contended the sentence was correct given the aggravating factors, including the offences occurring in the family home and coercive efforts to withdraw charges. Ms Justice Isobel Kennedy, delivering the judgment, noted the victim's acute intellectual disability and the betrayal of trust as significant aggravating factors. She affirmed that the sentencing judge's decision to impose a headline sentence on the outer scale was within her discretion and that the appellant had already received a generous deduction. The court rejected the argument that the sentence lacked features common to more serious cases, upholding the original disposal.
Jonathan O'Driscoll, aged 33, was sentenced to 13 years in prison for a 14‑minute assault on 73‑year‑old Christy O'Callaghan in Macroom on 21 March 2019. The attack, captured on CCTV, involved O'Driscoll repeatedly stamping on O'Callaghan's head, kicking and stealing his watch, jacket and wallet. O'Callaghan suffered severe injuries, including a scalp laceration, facial fractures, broken ribs, a collapsed lung and a subdural haematoma, and later required life‑saving treatment at Cork University Hospital. He was subsequently moved to a long‑term care facility where he died. O'Driscoll appealed the 15‑year headline sentence as "excessive"; the Court of Appeal upheld the 13‑year post‑mitigation term but suspended the final two years for two years, requiring engagement with probation and addiction services. The court noted the assault was "prolonged, vicious and unprovoked" and that O'Callaghan's life had been ruined by the attack. Jonathan O'Driscoll pleaded guilty.
In October 2022 the Court of Appeal quashed the acquittal of a mother of three who had been found not guilty of sexually abusing her children in a 2021 trial. The original acquittal was based on a judge's ruling that admissions made during a polygraph interview with a forensic psychologist were inadmissible. The Director of Public Prosecutions argued that the judge had wrongly excluded compelling evidence. The appeal court, led by Mr Justice George Birmingham, decided that the interviews should be admitted in a retrial on grounds of overall fairness. The woman had admitted to knowing her husband's interest in child pornography, to his abuse of their children, and to her own participation in the abuse. She had also admitted to abusing the children when alone.
Simon McGinley has failed in his second attempt to overturn his murder conviction at the Court of Appeal. McGinley, aged 38, was convicted in April 2014 of murdering Eugene Gillespie, a retired telecoms broker, at a house on Old Market Street in Sligo on 19 September 2012. Mr Gillespie, aged 67, died in hospital following a cardiac arrest after being assaulted and tied up in his home. McGinley had originally pleaded not guilty to murder and admitted manslaughter instead, but this plea was rejected by the State. He was sentenced to life imprisonment. At the appeal hearing, McGinley's legal team argued he was displaying symptoms of schizophrenia at the time of the attack and that this constituted a miscarriage of justice. Ms Justice Úna Ní Raifeartaigh dismissed the appeal, finding that neither insanity nor diminished responsibility had been raised at trial and that retrospective psychiatric assessment fell short of the required threshold.
In a case heard at the Court of Appeal, Martina Rooney, aged 40, was found not to have successfully overturned an eight‑year jail sentence for a violent assault that took place in Temple Bar, Dublin, on 13 June 2020. The assault involved Rooney repeatedly stabbing a woman over a missing €50 note, with the attack described as "barbarous" and aggravated by a sexual element that "humiliated intimate body parts." Medical reports noted extensive facial bruising and lacerations to the back, buttock and thigh, and the victim was also stabbed in the eye. Rooney had pleaded guilty to assault causing serious harm and robbery, and the Court of Appeal upheld the original sentence, noting the seriousness of the offence and the mitigating factors presented by her drug‑addiction background. Her co‑accused, Karl Fishe, 36, received a two‑year sentence for his role in the assault.
In 2022 the Court of Appeal increased a 66‑year‑old man's sentence from 12 years with 18 months suspended to 17 years for a 16‑year period of rape, molestation and aggravated sexual assault of his daughter. The man had begun abusing her when she was six or seven and continued until her 20s, committing 54 charges, of which nine were pleaded. The offences included repeated rape, oral rape, indecent assault, sexual assault and aggravated sexual assault involving an electric sander. The appeal was brought by the State, who argued the original headline sentence of 16 years for rape was too lenient given the "depth of cruelty" and the victim's prolonged degradation. The Court of Appeal agreed, quashing the original sentence and imposing a headline of 17 years with no suspended portion, and ordered the offender to register as a sex offender and attend probation for five years. The unnamed 66-year-old pleaded guilty.
In a Court of Appeal decision, the fine imposed on Telstar Investments Ltd for exposing two staff members to asbestos risk was increased from €7,500 to €40,000. The case involved the removal of unstable ceiling tiles containing brown asbestos from a courtyard area being redeveloped. Telstar, as the employer, had pleaded guilty to failing to ensure the safety, health and welfare of its employees. The Court found the original fine unduly lenient and insufficient as a deterrent, noting the company's assets of €16 million and the costs of cleaning up the site. The new fine of €40 k was set after considering mitigating factors such as the guilty plea, cooperation, remorse and lack of prior convictions. Costs were awarded to the State. The decision reaffirmed the seriousness of the offence and the need for a stronger deterrent.
Boy B, now 18, withdrew his appeal against his conviction for the May 2018 murder of 14-year-old Ana Kriegel in Lucan. Originally convicted at age 13 alongside Boy A, he was sentenced to 15 years' detention with a review after 8 years. The appeal hearing, presided over by Mr Justice John Edwards, saw Boy B confirm directly that he wished to withdraw the appeal, bringing an end to four years of proceedings.
Boy B, one of two teenagers convicted of murdering 14‑year‑old Ana Kriegel, withdrew his appeal against his conviction, ending four years of criminal proceedings. The withdrawal was announced at a brief hearing attended by Ana's mother Geraldine and other family members. The Court of Appeal confirmed that Boy B had no appeal against his 15‑year sentence, which includes a review after eight years. Boy B was 13 when he lured Ana to a derelict house where his accomplice, Boy A, beat and sexually assaulted her. Both boys are now 18, but their names are protected by a court order. Boy A has not appealed his conviction or sentence, and no appeal has been lodged on his behalf. The withdrawal marks the end of the proceedings for Boy B.
Former soldier Lisa Smith, aged 40, was convicted of membership of ISIS by the Special Criminal Court and sentenced to 15 months in prison. Smith travelled to ISIS‑controlled Syria in 2015, where she married, kept a house and did not participate in state‑building or positive acts for ISIS. Her lawyers argue that she was at the lowest level of the organisation, that she was a mother of a young child, and that she endured nine‑and‑a‑half months in two detention camps with harsh conditions. They also cite a report by Professor Anne Speckhard stating that Smith denounced ISIS and did not support its atrocities. The court, however, found that Smith knew of ISIS's bloodlust, discussed its atrocities online, and rejected calls to return. The Court of Appeal has reserved judgment, and Smith's lawyers plan to appeal her conviction later this year. The case was the first Irish conviction for an Islamic terrorist offence committed abroad.
The Court of Appeal refused to consider an "implied consent" argument raised by the defence of ex‑RTE journalist Mícheál Ó Leidhin, who was convicted of sexual assault. The defence had argued that the victim had discussed possible sexual activity the following morning before falling asleep, and that this should have been considered by the jury. The court held that a sleeping person cannot give consent and that the jury's charge did not mention implied consent. The appeal also challenged the 18‑month sentence with three months suspended, but the court reserved judgment on that ground. Ó Leidhin, aged 38, was convicted in April 2022 after a trial in which the victim described being groped while asleep. The court noted that the victim's testimony was compelling and that Ó Leidhin had no prior convictions. The appeal remains pending.
In July 2022 the Court of Appeal ruled that a trial judge had erred by excluding an informal identification parade from evidence in a case where a 38‑year‑old man had been acquitted of robbing a pensioner. The judge had directed a jury to acquit after refusing to allow the parade, which had taken place at Portarlington Garda Station. The man had declined a formal line‑up, so an informal one was arranged without his knowledge, involving seven men walking with a Garda. The defence argued the parade was unfair because the accused spoke to a Garda while walking past the victim. The Court of Appeal found the speaking did not affect the identification, which had already occurred, and dismissed the argument that the suspect should have been told a parade would be set up if he refused. The Director of Public Prosecutions had appealed the acquittal under Section 23 of the Criminal Procedure Act 2010.
James Curtis, 51, of Reiska, Kilcommon, Thurles, Co. Tipperary, was sentenced by the Court of Appeal to ten years' imprisonment, back‑dated to 30 October 2020, after the original eight‑and‑a‑half‑year sentence was quashed. The appeal was brought by the Director of Public Prosecutions, who argued the sentence was too lenient. Curtis was caught red‑handed in a field near his home with a potato bag containing 5 kg of cocaine, a barrel with 4.25 kg of cocaine and €41,000 in cash, and a plastic Penneys bag with €336,000. He pleaded guilty to possessing €647,000 worth of cocaine for sale or supply and to being in possession of €376,550, knowing or recklessly ignoring whether the money was the proceeds of criminal conduct.
The Court of Appeal has refused an application by Boy B to introduce fresh evidence in his appeal against the murder conviction of 14-year-old Ana Kriegel. Mr Justice George Birmingham, delivering the ruling of the three-judge court, stated that the application did not meet the threshold for admitting new evidence. He described the move as an attempt to "set at naught" the trial process and run an entirely different case more than three years after the original proceedings. Boy B's lawyers sought to introduce reports from psychologists claiming he was subjected to manipulation and pressure during garda interviews, arguing his mind was "substantially overborne." The court noted it was unusual to challenge the admissibility of interviews at this stage when no such challenge was raised during the trial. The judge highlighted that Boy B's final account to gardai, which admitted he witnessed Boy A assaulting Ana, was consistent with a statement he gave to a friend in June 2018. The court rejected the argument that his legal representation was inadequate. Boy B and Boy A were convicted by a Central Criminal Court jury in June 2019 of murdering Ana at a derelict house in Lucan in May 2018. Boy B was sentenced to 15 years' detention, to be reviewed after eight years. Boy A was sentenced to life imprisonment with a review after 12 years, and eight years imprisonment for aggravated sexual assault. The full appeal hearing is scheduled for October 5.
The Court of Appeal has dismissed an appeal by Caolan Smyth and Gary McAreavey regarding the admissibility of mobile phone data used in their convictions. The appellants were found guilty and convicted, respectively, of the attempted murder of James Gately and possession of a firearm with intent to endanger life in 2017. McAreavey was also convicted of assisting Smyth by purchasing petrol and helping burn a black Lexus at Newrath, Dromiskin, Co Louth. The appeal challenged the use of data gathered under the Communications (Retention of Data) Act 2011, arguing it breached EU privacy laws following a separate ruling in the Graham Dwyer case. However, the court, led by Mr Justice George Birmingham, ruled that the Act was valid in 2017 and that the public interest in investigating crime comprehensively outweighed the limited privacy rights attached to the data. The court noted the data was tightly focused and did not reveal personal details such as beliefs or sexuality. The judgment affirmed the Special Criminal Court's 2020 findings. This decision does not affect the separate appeal by Elaine O'Hara, whose case remains contested and is not part of this finalisation.
In July 2022 the Court of Appeal quashed Leslie Peacock's 2015 conviction for failing to ensure fire safety at Kennedy Plaza Apartments, despite rejecting his appeal grounds. The court found sufficient evidence that Peacock, the owner, had control of the premises and was responsible for the alarm system. It also rejected the argument that a change in the indictment wording misled the jury. However, the appellate judges were concerned that the trial judge's charge confused the jury about the offence's elements, particularly the relevance of knowledge and reasonable practicability, and that hearsay evidence about the alarm being disabled was improperly presented. Consequently, the conviction was quashed and a retrial ordered for October 4, 2022, while Peacock remains liable for a €50,000 fine payable in monthly instalments, with imprisonment if payments are missed. Leslie Peacock pleaded not guilty.
The Court of Appeal declined to consider Lisa Smith's bail application, a former Irish soldier convicted of joining ISIS after travelling to Syria in 2015. Smith was jailed five days earlier for a 15‑month sentence. The three‑judge panel agreed to hear an appeal against the severity of her sentence on October 4, before any appeal of her conviction. Smith's lawyers argued that the Special Criminal Court had not adequately credited the time she spent in Syrian refugee camps and under a nightly curfew, claiming she had effectively served about four years. The court noted a recent judgment that a sentencing court should consider time spent in detention. Smith, 40, had pleaded not guilty to membership of an unlawful terrorist group and was found to have travelled to Syria with "eyes wide open," swearing allegiance to the Islamic State.
In 2012, Keith O'Neill, aged 47, shot John Wilson, 35, dead in Wilson's Ballyfermot home, killing him in the front hallway with a shotgun. O'Neill was convicted of murder by a jury and sentenced to life imprisonment in 2015, with 116 prior convictions. He appealed to the Court of Appeal, arguing the conviction was unsafe because forensic evidence of gunshot residue on his clothing, found in a skip, had been improperly admitted. He also claimed the trial judge's commentary during cross‑examination was excessive and that the forensic evidence was contaminated by Garda handling. The Court of Appeal, presided over by Mr Justice Patrick McCarthy, rejected both grounds, stating the judge had acted appropriately and the evidence was admissible. O'Neill remains in custody at Wheatfield Prison. The appeal was dismissed, upholding the murder conviction. Keith O'Neill pleaded not guilty.
Brian Shaughnessy, a former hotelier aged 55, was convicted in March 2013 of raping a 17‑year‑old employee at his Loughrea Hotel and Spa. He was sentenced to six years' imprisonment with one year suspended. Shaughnessy appealed, claiming his defence counsel had not adequately presented his version of events, particularly a two‑hour period he alleged the victim spent in the room after the assault. He argued that key card and phone records, which he supplied to his lawyers, were not examined by the jury. His appeal was rejected in April 2020, but he successfully applied to the Supreme Court, which sent the case back to the Court of Appeal in March 2023. At the Court of Appeal, Shaughnessy reiterated that his defence was not put to the jury and that the two‑hour claim had been raised repeatedly with his legal team, yet was not pursued during the trial.
The Court of Appeal heard argument on whether the law mandates a driving ban for those convicted of careless driving causing death as a first offence. Colleen McCann, aged 27 with an address at Drumacon, Castleblayney, Co Monaghan, was given a 12-month fully suspended sentence for careless driving that resulted in the death of a 17-year-old in July 2012 at Maghernakill, Castleblayney. McCann was deported from the United States in 2017 to face charges relating to the collision. Her legal team argues that a first conviction for careless driving does not constitute a "qualifying offence" under the Road Traffic Act, meaning any driving disqualification remains discretionary rather than mandatory. The State contends that a consequential ban reflects the legislature's intention and is a matter of public safety. The three-judge court reserved judgment.