The Court of Appeal has adjourned the sentencing appeal of James Curtis (51), from Reiska, Kilcommon, Thurles, Co Tipperary, to Friday, when it is hoped the court will be in a position to give judgment. Curtis was jailed for five and a half years at Nenagh Circuit Criminal Court in October 2021 after pleading guilty to possessing €647,000 worth of cocaine for sale or supply, contrary to Section 15 of the Misuse of Drugs Act, and possessing €376,550 knowing or being reckless as to whether it was proceeds of criminal conduct. The State, represented by Tom O'Malley SC, argued the sentence was unduly lenient, alleging Curtis was an "upper echelon" gang member caught red-handed with 5kg of cocaine in a potato bag and further drugs and cash buried nearby. The State contended the pre-mitigation headline sentence should have been at least 10 years, citing his suspended sentence status and previous convictions as aggravating factors. Defense counsel Colman Cody SC argued the guilty plea remained relevant in mitigation and that Curtis may have been under the grip of the gang. The court noted no indication of duress. The matter was adjourned and is not concluded.
Graham Dwyer, convicted of the 2012 murder of Elaine O'Hara, has secured a December 1 date to appeal his conviction in the Court of Appeal. Dwyer's legal team, represented by Brian Gageby BL, stated they are finalizing submissions to argue that his conviction should be quashed following a recent Court of Justice of the European Union (CJEU) ruling. The CJEU determined that the indiscriminate retention of mobile phone data for criminal investigations breaches EU law. This data was central to the evidence against Dwyer, used to track his movements and contacts with O'Hara. Mr Justice George Birmingham, President of the Court of Appeal, set the hearing date but warned it could change if submissions are not filed this week. Dwyer, a 49-year-old architect, was convicted by a jury at the Central Criminal Court in 2015. He had previously appealed on the grounds that the use of mobile phone metadata under the 2011 Communications (Retention of Data) Act was unconstitutional and breached his privacy rights. While the High Court ruled in his favor, the State appealed, leading to the CJEU referral. In a separate recent case, Mr Justice Tony Hunt rejected similar arguments in the trial of Wayne Cooney, who was convicted of murdering Jordan Davis, stating that EU privacy rights do not trump considerations in serious crime investigations. The matter remains at the appeal stage, with the hearing scheduled for December 1.
The Court of Appeal heard arguments in the appeal of Kieran Greene, who was convicted of murdering Patricia O'Connor at her home in Mountainview Park, Rathfarnham, Dublin 14, on May 29, 2017. Greene's counsel argued that the trial judge erred by refusing to allow the jury to consider provocation, claiming Greene suffered a "slow burn provocation" similar to domestic abuse. Counsel also contended that Greene's trial should have been separate from that of Louise O'Connor, Stephanie O'Connor, and Keith Johnston, whose charges stated Greene was the murderer, causing prejudice. Additionally, counsel sought to admit hearsay evidence regarding Augustine O'Connor and call a psychiatrist to testify about Greene's low IQ. The Director of Public Prosecutions responded that the trial judge was correct in excluding the provocation direction and the hearsay evidence. The matter was adjourned, with the three-judge panel to deliver their judgement at a later date. In related proceedings, Augustine O'Connor pleaded guilty to reporting his wife missing while knowing she was dead and was sentenced to 18 months in prison before his death. Louise O'Connor was found guilty of acquiescing in her daughter Stephanie O'Connor disguising herself as Patricia O'Connor to conceal the death, and was sentenced to two-and-a-half years. Stephanie O'Connor was found guilty of disguising herself as her mother to conceal the death and was jailed for one-and-a-half years.
Jonathan O'Sullivan, 42, was convicted of possessing a .38 ACB calibre Grand Power automatic pistol in 2021 and sentenced to 10 years' imprisonment. He denied knowing the gun was in his car when arrested in March 2020, claiming he had been paid to move an Audi A4. The trial judge, Seán Ó Donnabháin, questioned whether the defence alleged the gardaí had "planted" the weapon, a question the defence argued was prejudicial. O'Sullivan's counsel, Siobhan Lankford, clarified that the gun was not planted from outside the vehicle but repositioned when returned to the car. The Court of Appeal rejected the appeal, holding the judge's intervention was in the interests of justice and not unfair. The conviction and sentence remain unchanged.
In July 2022 the State appealed a trial judge's direction to acquit a 38‑year‑old man accused of robbing an elderly Laois woman of her pension and holiday money at her back door. The man had been acquitted in May 2021 after the defence argued that a garda line‑up used to identify him was inadmissible because he had not been informed he was participating. The line‑up was informal, conducted without the man's knowledge, and he was the only participant who spoke to a garda during the pass. The trial judge agreed with the defence that the identification was unfair and ordered acquittal, refusing further evidence. The Director of Public Prosecutions appealed under Section 23 of the Criminal Procedure Act 2010, arguing the evidence was compelling and the line‑up was conducted to a high standard. The Court of Appeal has reserved its judgment.
In July 2022 the Court of Appeal issued a bench warrant for 21‑year‑old Jason Byrne of Newbridge, after the Office of the Director of Public Prosecutions appealed a six‑month jail sentence imposed in June 2021 for threatening a social worker with a knife. Byrne had been convicted in October 2020 at Naas Circuit Criminal Court for producing an article capable of inflicting serious injury at a Tusla facility in September 2018, when he was 17. He pleaded guilty to an offence contrary to Section 11 of the Firearms and Offensive Weapons Act 1990. Judge Mary O'Malley Costello sentenced him to 12 months' imprisonment, with the final six months suspended for nine months, during which he was to engage with probation services. The DPP argued the sentence did not adequately reflect the nature of the charge, the victim's effect, or Byrne's subsequent offending history, and that he was assessed as a high risk of reoffending.
The Court of Appeal has increased the jail sentence of John McDonagh, a knife-wielding burglar who carried out a violent home invasion in Sligo Town in January 2020. McDonagh and a teenage accomplice broke into a house, threatened four occupants with a knife, and caused significant damage to property. The occupants were threatened with death if they contacted the gardaí. Both McDonagh (27) of Brookfield, Ballinode, Sligo, and his accomplice pleaded guilty to aggravated burglary and burglary at a house at Glencarrig, Ballinode, and were sentenced in March of last year. Sligo Circuit Criminal Court judge Francis Comerford initially sentenced both men to five-and-a-half years in jail with the final two years suspended for three years. However, the Court of Appeal found the original sentence unduly lenient. The court heard that the offences were in the upper range of offending and that a headline sentence between nine and 14 years should have been identified. The appeal court quashed the previous sentence and substituted it with a seven-year term, with the final 18 months suspended for two years. The sentence was backdated to August 1, 2020, when McDonagh was first taken into custody. The matter was adjourned at the appeal stage.
The Court of Appeal has quashed the fully suspended sentence of Darren Rice, a convicted person, following an appeal by the Director of Public Prosecutions on grounds of undue leniency. Rice, aged 32, was originally convicted in September 2021 at Cork Circuit Criminal Court of robbery and three attempted robberies committed in March 2021 while on bail. The trial judge, Judge Helen Boyle, had imposed a three-year suspended sentence to run consecutively to a separate three-year term he was already serving. The DPP argued that this resulted in effectively no additional punishment for the new offences. Mr Justice Patrick McCarthy, presiding, agreed the original sentence was unduly lenient. He quashed the suspended sentence and imposed a new sentence of four years' imprisonment, with the final year suspended for two years. This new term is to run consecutively to the three-year sentence Rice is currently serving. The court noted Rice's responsible approach in not contesting the application and his positive conduct in prison. His brother, Eugene Rice, who was also convicted of the same offences, received a two-year sentence with the second year suspended, running consecutively to a one-year term he was already serving. The appeal focused solely on Darren Rice's disposal.
In a Court of Appeal hearing, Patrick Gageby SC argued that Judge Tara Burns erred by refusing the defendant, Gheorghe Goidan, the right to cross‑examine one victim on her sexual history and by failing to discharge the jury after prejudicial material was presented. Goidan, 49, had been convicted in 2019 of two rapes and robberies of Czech sex workers, receiving 20 years' imprisonment (10 years for each rape, 7 years for robbery, concurrent). He appealed both conviction and sentence, claiming the judge's headline 17‑year sexual‑offence term was disproportionate and that his lack of prior convictions should have been weighted more heavily. The Director of Public Prosecutions upheld the conviction and sentence, citing the premeditated, ultra‑violent nature of the attacks and the victims' vulnerability. The appeal judgment remains reserved. Gheorghe Goidan pleaded not guilty.
Wayne Cooney, who pleaded not guilty to the murder of Jordan Davis and possessing a 9mm semi-automatic pistol and ammunition, was sentenced by Mr Justice Tony Hunt. The judge imposed the mandatory life imprisonment term for the murder, describing Cooney as an "extremely dangerous individual" who should not be considered for release until that danger is negated. He further sentenced Cooney to 13 years each for the firearm and ammunition possession, with these terms running concurrently with the life sentence. The court heard that Cooney has 21 previous convictions. Mr Justice Hunt criticized recurring legal arguments regarding CCTV privacy as a "shocking waste of public money," urging the Court of Appeal to rule on the matter. Although the defense indicated the jury's verdict is likely to be appealed, the sentencing hearing itself was not adjourned. The judge noted that the prosecution alleged Davis owed €70,000 to a local drug dealer, and that Cooney fired eight times, striking Davis three times. The judge emphasized that Davis had a right to life, despite his alleged involvement in crime, and praised An Garda Síochána for their investigation.
A 39-year-old man from Tipperary has been jailed for nine years for repeatedly raping and sexually assaulting his young son, beginning when the child was just 12 months old. The man was convicted after a trial last December of three counts of oral rape and three counts of sexual assault committed between 2007 and 2014. The abuse was disclosed in 2016 when the child informed a relative of the incidents. During the sentencing hearing, Mr Justice David Keane noted the difficulty in assessing the weight of character references from family members and commented on the lack of remorse from the offender, who continues to deny the offences. The judge set a headline sentence of 11 years but reduced it to nine years, citing the offender's denial of the allegations and lack of engagement in rehabilitation. The sentence was backdated to December 15 last year, when the man entered custody. The judge imposed three years of post-release supervision, requiring the offender to engage in offence-focused work and comply with Probation Services. The matter is currently in the appeal stage.
The Court of Appeal heard that the posting of Aaron Brady's trial transcripts on social media is being kept under review by the Director of Public Prosecutions. Aaron Brady, 31, was jailed for life for the capital murder of Detective Garda Adrian Donohoe, with a minimum term of 40 years. He was also sentenced to 14 years for the robbery of €7,000 at Lordship Credit Union, a sentence running concurrently with the life term. The transcripts, from the State's longest murder trial, were posted on Facebook by his father, Tony Brady, in support of Aaron's appeal against conviction. This action contravened instructions from Mr Justice George Birmingham, who had permitted transcript release solely for the appellant's use without further distribution. At a brief hearing, Lorcan Staines SC, for the DPP, stated that nothing further was required from the court at this time and that the matter was being kept under review. Michael O'Higgins SC, for Aaron Brady, accepted that the material should not have been posted and assured the court it would be removed. The appeal against the murder conviction was lodged in October 2020.
A 29‑year‑old man was convicted of rape in September 2020 and sentenced to 10 years' imprisonment, with the final three years suspended, after a jury found him guilty of raping a 17‑year‑old girl in Midleton, Co Cork, in August 2017. He appealed, arguing that Judge Mr Justice Alexander Owens had frequently and excessively intervened during the examination and cross‑examination of his evidence, thereby prejudicing the trial and rendering it unfair. The Court of Appeal quashed the conviction on 28 June 2020, stating that the judge's interventions were likely to have rendered the trial unsafe. James Dwyer SC, for the Director of Public Prosecutions, informed the court that the State would need time to digest the judgment before deciding on a retrial. The man was remanded on continuing bail, and the case will return to the Central Criminal Court for a retrial date to be set.
The Court of Appeal heard an appeal from a 71-year-old Polish national convicted of six counts of rape, including two contrary to common law and four under Section 4 of the Criminal Law (Rape) (Amendment) Act 1990. He had pleaded not guilty but was found guilty at the Central Criminal Court in July 2019. Ms Justice Tara Burns sentenced him to 15 years, stating a life sentence would have been appropriate absent mitigating factors related to his age and health. The appellant argues the trial was unsafe because the complainant alleged during cross-examination that he was a Russian mafia member and had murdered a man in Russia. Counsel for the appellant, Michael Bowman SC, contended these prejudicial claims compromised the fair trial and required the jury to be discharged. Patrick McGrath SC, for the Director of Public Prosecutions, argued the trial judge correctly directed the jury to disregard the irrelevant remarks and that the appeal attempts to reconstruct the case. The judge noted the complainant described the accused as treating her like a slave and sex object between September 2012 and January 2016. The accused has prior convictions for rape in Poland and a three-year sentence for threatening to kill in Ireland. Judgment on the appeal has been reserved.
In 2020 a man was convicted of raping a 17‑year‑old in Midleton, Co Cork, and sentenced to ten years' imprisonment, three of which were suspended. He appealed, arguing that Judge Alexander Owens had made excessive interventions during his examination and cross‑examination, thereby prejudicing his evidence and rendering the trial unsafe. The Court of Appeal, led by Justice Isobel Kennedy, found that while some interventions can be necessary, Owens' repeated questioning went beyond permissible limits and likely made the trial unfair. The appeal court quashed the conviction. The defendant remains in custody, with bail conditions preventing contact with prosecution witnesses, and the case is adjourned pending the State's decision on a retrial. The appeal also addressed the admissibility of the defendant's Google searches, which the court considered irrelevant to the trial. The decision was delivered on 28 June 2022.
The Court of Appeal has upheld the 18-year prison sentence imposed on John Murphy, rejecting his appeal that the term was excessive, disproportionate, and unfair. Murphy, formerly of Foxford, Co Mayo, had pleaded guilty to numerous counts of rape, indecent and sexual assault against his daughter, Sophia Murphy, at locations in Co Galway and Co Mayo between 1988 and 2001, when she was aged three to 15. He also admitted to one count of sexual assault in 2010. In July 2018, Mr Justice Michael White at the Central Criminal Court sentenced him to consecutive terms totalling 18 years, noting the headline term for the "depraved" offences was life. Murphy's counsel argued the sentence failed to adequately weight mitigation, including his early guilty plea. However, Ms Justice Aileen Donnelly, sitting with Mr Justice George Birmingham and Ms Justice Isobel Kennedy, found no error in principle in the original sentencing. The court highlighted the victim's age and the ultimate breach of parental trust as key aggravating factors. Sophia Murphy, who waived anonymity, expressed relief at the decision, stating it validates her experience and encourages other victims to speak out. The judgment confirms the original sentence remains in effect.
In February 2020, Martin Feehan, 42, was convicted of dangerous driving causing serious bodily harm after a reckless overtaking manoeuvre on the Mallow‑to‑Cork road in Granagh, Co Cork, on 16 February 2015. The incident left 40‑year‑old Brid Hallihan with a broken pelvis and months of hospital treatment. Feehan was sentenced by Judge Seán Ó Donnabháin to a three‑year suspended sentence and a 20‑year driving ban. In March 2022, Feehan appealed the conviction and sought to reduce the ban. The Court of Appeal, after hearing arguments, quashed the 20‑year ban and substituted a 10‑year ban, back‑dated to the original sentencing date of 6 February 2020. The conviction itself remained upheld. The case highlighted the severity of the offence and the court's stance on public safety.
The Court of Appeal has increased the prison term of Nathan Doherty (24), of Legan, Co Longford, who was convicted of a violent attack on Derek Murphy. Doherty pleaded guilty to intentionally or recklessly causing serious harm and producing an article capable of causing serious harm. He was originally sentenced by Judge Keenan Johnson at Mullingar Circuit Criminal Court to six years' imprisonment, with the final three years suspended for ten years, plus €30,000 in compensation. The Director of Public Prosecutions appealed the suspended portion, arguing the reduction was a substantial departure from similar cases. Mr Justice Patrick McCarthy, reading the three-judge court's decision, quashed the original sentence on grounds of deterrence. He re-sentenced Doherty to six years' imprisonment with the final year suspended for two years. The financial restitution was severed from the custodial term via a separate order under Section 6 of the Criminal Procedures Act. Doherty is now ordered to pay €25,000 in compensation to Mr Murphy in annual instalments of €5,000, commencing ten months after his release. The court noted the attack was extremely violent, involving a broken curtain pole forced into the victim's anus. Separately, Derek Doherty (52), of Vicarstown, Ballymahon, Co Longford, was recently sentenced to 80 months in prison, with the final 17 months suspended, at Longford Circuit Criminal Court for his role in the incident. Counsel for Nathan Doherty argued his client was goaded by his father, while the DPP maintained the original sentence was insufficient censure.
In July 2021 the Dublin Circuit Criminal Court found that a director of Telstar Investments LTD, along with two staff members, had removed a small number of unstable ceiling tiles from a courtyard being redeveloped by another company. The tiles were later confirmed to contain brown asbestos. The company, acting as an employer, failed to conduct work activities in a way that reasonably protected the safety, health and welfare of its employees. A guilty plea was entered on the company's behalf and Judge Martin Nolan imposed a €7,500 fine and costs, to be paid within four months. At the Court of Appeal, the Director of Public Prosecutions argued the fine was unduly lenient and not a sufficient deterrent, citing the company's assets and the known risks of asbestos. The judgment was reserved.
The Court of Appeal heard an appeal by the Director of Public Prosecutions regarding the sentence imposed on Nathan Doherty (24), of Legan, Co Longford. Doherty pleaded guilty to intentionally or recklessly causing serious harm and producing an article capable of causing serious harm for an attack on Derek Murphy in June 2018. He was sentenced to six years' imprisonment, with the final three years suspended for ten years, and ordered to pay €30,000 in victim compensation. The DPP argued the suspended portion was unduly lenient, describing the assault as vile and sadistic. In response, counsel for Doherty highlighted mitigating factors, including his status as a first-time offender and his early guilty plea. Counsel also referenced the separate sentencing of Derek Doherty (52), of Vicarstown, Ballymahon, Co Longford, who was sentenced to 80 months in prison with the final 17 months suspended for his role in the incident. The defence argued that the father had instructed the son to attack the victim. The Court of Appeal has reserved its judgement on the appeal.
James Howlin, 29, of Bray, was jailed after pleading guilty to possessing cocaine with intent to supply. He was originally sentenced to 10 years, the mandatory minimum for the offence under the Misuse of Drugs Act 1977. The Court of Appeal found the judge had erred by ignoring mitigating factors such as Howlin's early guilty plea and his status as a chronic addict who moved the drugs to pay a debt. The appeal was allowed and the 10‑year term was quashed. The new headline sentence was seven‑and‑a‑half years, reduced by one year for the early plea and another year to encourage rehabilitation. The Court noted the original judge had not considered these factors in the first instance. The decision was made by Mr Justice John Edwards, with Ms Justice Isobel Kenendy and Ms Justice Úna Ní Raifeartaigh.
In a 2022 Court of Appeal hearing, the defence of a 17‑year‑old convicted of murdering 14‑year‑old Ana Kriegel argued that the garda interviews used to convict him were conducted with "manipulation and pressure." The lawyers cited a forensic psychologist's report that the 13‑year‑old's interviews were "inadequate" and "inappropriate" for his age, noting the length, repetition and use of pressure. They sought to introduce this report as fresh evidence to challenge the admissibility of the interviews. The prosecution maintained that the defendant had never disputed his statements to the garda and that the detectives had used "valid" rapport‑building techniques. The court reserved judgment, intending to decide before the end of the legal term in late July, with the substantive appeal to follow. The case remains at the appeal stage, with no further convictions or sentences addressed in the article.
A 37‑year‑old man, jailed for repeatedly raping his younger brother, had his conviction quashed by the Court of Appeal after the trial judge erred by not giving reasons for allowing evidence of the man's interviews with Gardaí to be presented to the jury. The man had claimed he was "induced" into confessing during a two‑hour interview, where he admitted to being a "bastard of a brother but not a rapist". The Court of Appeal held the judge was obliged to explain why he allowed the interview evidence, a requirement the judge failed to meet. The conviction was quashed and the State is seeking a retrial. The case involved 10 counts of oral rape, 7 counts of assault causing harm and one count of intimidation, with the jury having found the man guilty on all assault counts and two rape counts. The man was originally sentenced to nine years by Mr Justice Michael White. The unnamed 37-year-old pleaded not guilty.
Graham Dwyer, aged 49, is set to file appeal submissions by 15 July after the Court of Appeal confirmed the case could be heard in autumn. The appeal stems from a 2022 European Court of Justice ruling that indiscriminate retention of mobile phone data breaches EU law, a key element in his 2015 conviction for murdering childcare worker Elaine O'Hara. Dwyer's lawyers argue that metadata used at trial was unlawful under the 2011 Communications (Retention of Data) Act, which the EU Court found invalid. The appeal will address whether the data should have been admissible and whether his conviction should be quashed. The Director of Public Prosecutions will need time to respond, and the case is unlikely to be heard before the October court term. The appeal will be revisited in July for progress updates. Dwyer was convicted by a jury at the Central Criminal Court in 2015 for O'Hara's murder on 22 August 2012.
The Court of Appeal upheld a 10‑year prison sentence for a 31‑year‑old man convicted of intentionally or recklessly infecting two women, including his wife, with HIV. The man had unprotected sex with the women between November 2009 and June 2010, despite being diagnosed HIV‑positive in 2008 and advised to take antiretroviral medication. He was found to have a positive viral load in 2010, indicating he had not been taking his medication. The trial jury rejected his plea of not guilty and convicted him under Section 4 of the Non‑Fatal Offences Against the Person Act. He appealed, arguing the trial judge failed to properly explain scientific evidence and that phylogenetic testing was necessary. The Court of Appeal dismissed the appeal, noting that such testing could not be reasonably carried out and that the evidence presented was sufficient for conviction. The judge described the man's behaviour as "grossly reprehensible" and noted his remorse and difficult upbringing.
Martin Jude Wall, 47, an Irish sex offender who fled the United States after a probation officer allegedly told him to live in a tent, lost his appeal against extradition to the US. The Court of Appeal ruled that Wall would be returned to custody rather than a "colony of homeless sex offenders." Justice Aileen Donnelly dismissed his appeal, noting that the most likely outcome upon return would be a term of imprisonment. Wall's lawyers argued a real risk of inhuman treatment under Article 3 of the European Convention of Human Rights, but the court found no evidence of such risk. The decision to extradite was upheld, and Wall, who was convicted in 2012 of attempting to entice a child for indecent purposes, will be incarcerated in the United States if returned. The case remains at the extradition stage, with no further verdicts announced. Martin Jude Wall pleaded guilty.
Vesel Jahiri, 40, appeared before the Court of Appeal to discuss his appeal against a life sentence for the murder of Anna Finnegan and the assault on her brother, Karl Finnegan. Jahiri was found guilty by a Central Criminal Court jury of both charges, having pleaded not guilty. The court heard that Jahiri intends to conduct his own appeal because he has been unable to secure legal representation. He informed Mr Justice George Birmingham that he had unsuccessfully attempted to engage a solicitor. The judge responded that thousands of solicitors are available on the legal aid panel and advised that it would be unwise for the appellant to represent himself, noting the complexity of criminal law. The matter was adjourned until July 25 to allow Jahiri additional time to locate a lawyer. This procedural stage follows a trial in which Jahiri assaulted the prosecutor, Patrick Marrinan SC, after dismissing his legal team. The original conviction stemmed from an attack at Allendale Glen, Clonsilla, Dublin 15, on September 21, 2012, where Jahiri stabbed Ms Finnegan to death and injured her brother.
In May 2022, Aaron Brady's trial transcripts were posted on Facebook by his father, Tony Brady, despite a court order prohibiting further dissemination. The Court of Appeal heard that the transcripts had been released to lawyers on both sides in July 2021, but the father had shared them online with commentary that the Director of Public Prosecutions described as "dubious" and potentially contemptuous. Lawyers for Brady acknowledged the mistake and agreed the posts would be removed by the end of the day. The case was adjourned until July 1, 2022. The matter arose after Brady, convicted of murdering Garda Adrian Donohoe in 2013, had previously released trial materials on social media as part of a campaign to free him. The court noted that Brady's appeal was pending and that the transcripts should be used only for that purpose. The incident highlighted the court's concern over the unauthorized public release of sensitive trial documents.
A 43-year-old truck driver from Ballyshannon, County Donegal, has been sentenced to seven years' imprisonment by the Court of Appeal after his original suspended sentence was deemed unduly lenient. Ciaran Lawn pleaded guilty to possession of a controlled substance for sale or supply following his arrest in December 2019 near Ardee, County Louth, while transporting drugs valued at approximately €900,000. The Director of Public Prosecutions successfully appealed the three-year wholly suspended sentence imposed by Dundalk Circuit Criminal Court in July 2021. At the Court of Appeal hearing in March, Mr Justice Patrick McCarthy, sitting with the Court President and another judge, imposed a seven-year custodial term with the final three years suspended. The court determined an appropriate headline sentence for the offence would not be less than ten years. Gardaí recovered vacuum-sealed packages containing cannabis and cocaine from a van during the operation.
Stephen Ennis, 32, of Crumlin, was sentenced to a four‑year prison term for stabbing a foreign‑national doctor at St James' Hospital on 7 March 2020. The original one‑year sentence was quashed and the Court of Appeal, applying a 40 per cent premium for attacks on medical staff, increased the term to four years. The judge reduced the term by one year to account for Ennis' attempts to address his drug addiction after a recent return to custody, and suspended the final six months of the three‑year custodial period. Ennis, who has 72 prior convictions and a history of drug use, was warned that the outcome would depend on probation reports. He had been detained on drugs and shoplifting charges and had suffered a relapse during the intervening period. The doctor, who had moved to Ireland to become an emergency medicine consultant, was left "shattered" by the assault. Stephen Ennis pleaded guilty.
The Court of Appeal quashed a wholly suspended sentence that had been handed to a 21‑year‑old man who admitted raping his eight‑year‑old niece when he was 14. The original non‑custodial term was deemed unduly lenient. The appeal judge imposed a new headline term of seven‑and‑a‑half years, reduced by one‑third for mitigating factors such as the offender's autism diagnosis and his age at the time of the offence. Two‑and‑a‑half years of that term were suspended, leaving a custodial period of five years. The man had pleaded guilty to multiple counts of rape, sexual assault and using technology to facilitate the sexual exploitation of a child between May 2016 and April 2019. He was taken into custody after the judgment was delivered.
In a 2022 case, senior barrister Diarmuid Rossa Phelan, 53, was charged with the murder of Keith Conlon, 36, at Hazelgrove Farm, Tallaght, on 22 February. Conlon was shot, severely injured, and died two days later. Phelan was remanded after appearing at Tallaght District Court on 25 February, and a bail application was initially refused by the High Court. The Court of Appeal overturned that decision, granting bail after two €50,000 bonds were lodged. At a Court of Appeal hearing, Phelan's lawyers requested to interview four eyewitnesses—foreign students who were present during the shooting—using remote technology. The State objected, citing the Book of Evidence not yet served, but the Court of Appeal allowed the request, excluding a fifth witness not a student. The ruling clarified that the State could not interfere with the accused's right to defend once the Book of Evidence is served.
In May 2022 the Court of Appeal moved the hearing of a motion to introduce fresh evidence in the appeal of Boy B, the 13‑year‑old convicted of murdering 14‑year‑old Ana Kriegel in 2018. The original date of 17 June was postponed to 22 June because a judge was unavailable. Boy B, who was sentenced to 15 years' detention with review after eight years, was not present at the hearing. The motion seeks to amend the grounds of appeal and add new evidence, including a clinical psychologist's report that Boy B suffered post‑traumatic stress disorder after witnessing the assault and that his statements to Gardaí did not prove guilt. The Court noted that the appeal will focus solely on the conviction, not the sentence. Boy B and his co‑accused Boy A remain detained at Oberstown Children Detention Campus. The case was originally tried in the Central Criminal Court using Children's Court procedures.
In a Court of Appeal hearing, the Director of Public Prosecutions (DPP) argued that a 21‑year‑old man who had pleaded guilty to raping his eight‑year‑old niece and to other sexual offences should receive a longer custodial sentence than the five‑year suspended term imposed by Ms Justice Deirdre Murphy. The DPP contended that the man's claim of being a victim of a "societal problem" – specifically the influence of pornography – had unduly mitigated his culpability. The DPP cited evidence that the man had viewed pornographic material since age nine, had used a gaming app to send explicit messages to the victim's mother, and had threatened the victim's younger sister. The court noted that the suspended sentence was rare and that a pre‑mitigation sentence of 10‑12 years would have been appropriate if the offence had been committed by an adult. The judge's decision was reserved.
Two men, Stephen Coyle (34) and Leroy Howard (30), appealed against the 10‑year headline sentences imposed for violent disorder and assault in a 2016 incident in Ashbourne. The Court of Appeal, led by Justice Séamus Woulfe, dismissed both appeals, finding no error in the judge's decision to set the maximum term because the violence was a highly aggravating factor. Coyle's 7½‑year sentence had the final two years suspended, while Howard's 7½‑year sentence had the final 12 months suspended and was to run concurrently with a 4‑year drug‑offence term. The court noted each man's personal circumstances, guilty pleas and remorse, and upheld the sentences as appropriate for the offences. The appeal hearing concluded that the judge had taken sufficient account of mitigating factors and that the sentences were not excessive. The case remains at the appellate level with no further intervention.
A 46‑year‑old man was jailed for 13 years after a jury convicted him in February 2019 of three counts of sexual assault and nine counts of anal rape against his daughter, who was seven when the attacks began. He failed to lodge an appeal within the 28‑day limit and has now applied for an Enlargement of Time to appeal his conviction and sentence. His counsel argued that the man had been denied access to the trial transcript and that extreme circumstances justified the extension. The Court of Appeal, hearing the application, noted that the man's former solicitor had informed him of insufficient grounds for appeal but that he could still seek new counsel. The case was adjourned until 24 June, with the court granting limited access to the transcript. The unnamed man pleaded not guilty.
The Court of Appeal has adjourned the appeal by Martin Jude Wall against his extradition to the United States. Wall, who pleaded guilty in 2012 to attempting to entice a child for indecent purposes, was ordered by the High Court to be surrendered to US authorities. His legal team argued that his return poses a real risk of breaching Article 3 of the European Convention on Human Rights, alleging he would face inhuman treatment under Georgia's strict parole restrictions, including being forced to live in a tent. Counsel for the Attorney General countered that the risk of such treatment was speculative and that Wall is being returned to serve a term of imprisonment, not to face probation conditions. The court, presided over by Mr Justice Birmingham, reserved its judgment, noting the appeal raised new legal territory. The matter was adjourned, with a ruling expected before the end of the legal year. Wall is currently detained at Midlands Prison.
Diarmuid Rossa Phelan, a senior counsel and law lecturer, was granted bail by the Court of Appeal after the High Court had rejected his application on the basis of flight risk. The appeal court set strict conditions: Phelan must post a €50,000 bond and secure an independent surety of €50,000, surrender his U.S. passport, obey a curfew, provide a mobile number, and submit a comprehensive financial statement. He must also stay away from Tallaght, his Wexford properties, and any witnesses, and cannot leave the 26 counties or acquire firearms. The court noted that Phelan had never offended and was a person of good standing. The bail decision was made pending his trial for the murder of Keith Conlon, a 36‑year‑old father of four, who was shot on farmland in Tallaght on 22 February. The case remains at the bail stage, with the trial date yet to be fixed.
The Court of Appeal has dismissed the appeals of two men in their twenties against their convictions for raping a young woman. The first accused, who pleaded not guilty to raping the complainant at an address in a town in the west of Ireland in 2017, and his co-accused, who pleaded not guilty to the oral rape of the same woman at the same time and place, were found guilty by a jury at the Central Criminal Court in November 2019. Ms Justice Eileen Creedon sentenced both men to seven years' imprisonment. In a written judgment, Court President Mr Justice George Birmingham rejected the first appellant's arguments that the trial judge failed to distinguish his case from his co-accused's and omitted a corroboration warning. The second appellant's claim that the State failed to preserve evidence by not seizing his clothing was also dismissed as contrived. The court affirmed the convictions, noting that the jury had considered the separate matters and rejected the defences. The appeals were heard by Brendan Grehan SC and Colm Smyth SC for the appellants, and Eilis Brennan SC for the DPP.
The Court of Appeal has reduced the sentence imposed on a man convicted of making threats to kill gardai at Castlerea, County Roscommon. Enda Gavigan, aged 37 of Doorty, was arrested on 10 October 2019 following criminal damage at a property. He pleaded guilty to criminal damage, production of an article capable of inflicting serious injury, and making threats against gardai. At Roscommon Circuit Court in June 2020, he received consecutive sentences totalling nine years and three months. The Court of Appeal found the sentencing judge erred in principle by imposing a consecutive term for threats made during the same transaction as his arrest. Ms Justice Isobel Kennedy, sitting with the Court President and a colleague, quashed the six-year-three-month consecutive sentence. The court imposed a new concurrent sentence of five years, with the final twelve months suspended. The revised total sentence runs concurrently with the criminal damage and weapons convictions.
A man has appealed his six-year sentence imposed in June 2020 for threatening to kill gardai at Castlerea garda station in County Roscommon. The appellant pleaded guilty to criminal damage, production of an offensive weapon, and making threats to gardai. He was arrested on 10 October 2019 following an incident at Four Mile House where he damaged windows at a property. The original sentencing imposed concurrent three-year and two-year terms for the criminal damage and weapon offences, with a four-and-a-half-year sentence for the threats to run consecutively, resulting in a total custodial term of six years and three months. The appeal contends the sentence was excessive and that the threat count should not have been imposed consecutively as it formed part of the same transaction. The Director of Public Prosecutions argued the sentence appropriately reflected the need to protect gardai and respect property rights. The Court of Appeal has reserved judgement.
In 2019, Marian Lingurar Jnr, then 16, was sentenced to nine years for the manslaughter of publican John Kenny, 56, during a robbery in Oughterard, Co Galway. The attack, on 25 September 2011, left Kenny severely beaten, tied, and left to die in a ladies' toilet. Lingurar Jnr, who had worked as a doorman for a week, was part of a gang that robbed the pub after closing. In April 2022, he appealed the sentence, arguing the judge failed to consider his youth and the lack of evidence that he personally restrained or assaulted Kenny. The Court of Appeal noted the crime was a "common design" and that Lingurar Jnr bore responsibility, but the appeal was based on the judge's handling of his age. The appeal was still pending at the time of the hearing. The case highlighted the complexities of sentencing juveniles for violent robbery and manslaughter.
In a High Court bail hearing, senior counsel Diarmuid Rossa Phelan, 53, accused of murdering Keith Conlon, 36, at Hazelgrove Farm, was denied bail by Justice Deirdre Murphy on grounds of flight risk. The Court of Appeal President, Justice George Birmingham, criticised the High Court judge for leaving him "totally in the dark" about Phelan's finances. Phelan's defence, represented by Karl Monahan, submitted a comprehensive financial statement and proposed a €50,000 surety from his sisters and a €50,000 cash deposit. Justice Birmingham demanded a full disclosure of assets, liabilities, income and property. The case was adjourned to the next term, with the State given time to review the financial documents before a further hearing. The hearing also noted that Phelan had shot Conlon in the back of the head after an altercation, and that he had previously fired at Conlon's dog. The court considered the seriousness of the charge and the evidence presented.
The Court of Appeal upheld a €22 million summary judgment against brothers Brian, Kenneth and Maurice McDonagh, who had failed to repay a €21.8 million loan from Ulster Bank used to buy an 80‑acre site in Kilpedder, Co. Wicklow, for a planned data centre that was never built. The High Court had found the brothers breached a 2014 settlement agreement and that receivers were validly appointed over the land. Ulster Bank alleged the brothers used a front company, Granja Ltd, to sell the land for €1.5 million without the bank's knowledge, thereby writing off the debt. The brothers denied the claims and argued the bank was precluded from claiming debts after a settlement with CBRE, which had been sued for valuation negligence and later paid €5.3 million to the bank's loan account.
Diarmuid Rossa Phelan, an Associate Professor of Law at Trinity College and barrister, appealed a High Court decision refusing him bail pending his trial for the murder of Keith Conlon. The Court of Appeal, presided over by Mr Justice George Birmingham, adjourned the matter until Thursday. Mr Phelan is accused of fatally shooting Mr Conlon at Hazelgrove Farm in Tallaght in February last. His defence counsel, Michael O'Higgins SC, argued that the High Court judge's refusal was based on an unfair assessment of flight risk and that his client's assets should not be frozen merely due to allegations, comparing the situation to that of Roman Abramovich. The defence proposed a €50,000 independent surety and a €50,000 cash lodgement. Mr Justice Birmingham requested a comprehensive financial statement detailing assets, liabilities, and income. The State's counsel, John Fitzgerald SC, countered that the High Court judge's ruling did not rely on the "red-handed" characterization and that the applicant had drip-fed information. The appeal was not concluded but adjourned to allow for further submissions and financial disclosures.
The Court of Appeal heard that a 59‑year‑old man, whose name is withheld to protect his adult daughter, was convicted of raping his special‑needs daughter and sentenced to 11 years in prison. The conviction followed a Central Criminal Court jury verdict in July 2019. The man was found to have raped his daughter twice in her bedroom when she was 22, after asking her whether she loved him or her mother more, and also sexually assaulted her on the same occasion. Earlier, he had sexually assaulted her and forced her to perform oral sex when she was 13 or 14 while she slept in the same bed as a friend. He was convicted on five charges, including rape, oral rape and sexual assault, covering incidents from January 2003 to December 2004 and a separate incident in January 2011. He denied the charges and appealed.
In March 2017 the Special Criminal Court sentenced Sharif Kelly, 51, and Edward McGrath, 39, to life imprisonment for the 2013 gun murder of 35‑year‑old Peter Butterly, a father of three, who was shot outside The Huntsman Inn in Gormanston. The murder trial lasted 35 days after a collapsed first trial in 2015. McGrath was also convicted of firearms offences. The State's main witness was former co‑accused David Cullen, who had his murder charge dropped after pleading guilty to unlawful possession of a semi‑automatic pistol and was jailed for three‑and‑a‑half years. Kelly and McGrath appealed, arguing Cullen's testimony was unreliable and that McGrath had no knowledge of the murder plan. The Court of Appeal, in a 170‑page judgment, rejected both appeals, finding the evidence against the appellants sufficient and the admissibility of Cullen's testimony justified. The court noted no error in the trial's findings and declined to quash the convictions.
In March 2022 the Court of Appeal heard that a mother of three had been acquitted of sexually assaulting her children, despite admitting to abuse during a lie‑detector test. The judge had ruled that the admissions made to a forensic psychologist using a polygraph were inadmissible. The DPP now seeks a determination that the judge erred in excluding the evidence and requests the acquittal be quashed and a retrial. Gardai had visited the family home after Europol tipped that child‑abuse images were being uploaded. The children were placed into care following a High Court order. The woman had denied knowledge of the abuse to police but later admitted awareness of her husband's interest in child pornography and his abuse of the children, and that she had also participated.
Marius Rucinskas, 45, a former Lithuanian murderer now living in Cork, was convicted of a brutal domestic assault on his wife Renata Rucinskeine on 1 January 2020. He dragged her by the hair, struck her head off a table, punched, kicked, tried to pull her eyelashes off and threatened to kill her. He pleaded guilty to assault causing harm and criminal damage in September 2021. The Director of Public Prosecutions appealed the 18‑month suspended sentence, arguing it was unduly lenient. The Court of Appeal quashed the original sentence, increased it to three‑and‑a‑half years, but suspended the final two years. Rucinskas was released after serving 13 months in custody and entered a good‑behaviour bond. The case highlights the court's assessment of the severity of the assault and the need for a harsher penalty.
The Court of Appeal has ruled that Professor Ray O'Sullivan, a consultant gynaecologist, can immediately return to work after being suspended for over two years. The three-judge panel, led by Mr Justice Seamus Noone, ordered that his suspension be lifted and he reinstated with immediate effect. The court found that the HSE should have ended his suspension in 2019 when a report identified no patient safety concerns. The judge criticized the "deliberate leaking" of confidential information to the media, which amplified reputational damage, and noted the investigation was not proceeding expeditiously. However, the appeal court upheld the High Court's finding that the HSE was entitled to recommend Prof O'Sullivan's dismissal to the Ministerial Committee. Prof O'Sullivan, who denies all allegations, faces claims that he performed unauthorised procedures on five female patients in September 2018 without consent or ethics clearance. He was placed on administrative leave in August 2019. The court awarded him costs for the High Court and appeal hearings. A separate judicial review challenging the HSE's December decision to keep him on leave remains pending and is scheduled to return before the High Court in May.