Keith Lennon is appealing the severity of his nine-year prison sentence for three counts of manslaughter at the Court of Appeal. Lennon, of Forest Park, Dromintee, Co Armagh, pleaded guilty at Dundalk Circuit Criminal Court after his vehicle collided with another car on the N1 in Dundalk, Co Louth, on February 29, 2020, killing Mary and Kevin Faxton and Bryan Magill. Judge Marina Baxter sentenced him to nine years' imprisonment in February 2021, stating he had turned his car into a "weapon," and imposed a 20-year driving ban. Lennon's counsel, Patrick Gageby SC, argued the sentence was too severe, noting a lack of comparable cases and that the offense was not one of intention. He also conveyed Lennon's public apology. Conversely, Anne-Marie Lawlor SC, representing the Director of Public Prosecutions, maintained the sentence was fair and within the judge's discretion. She highlighted that Lennon was driving at excessive speeds, was uninsured, and had made two Snapchat videos of the speedometer while driving, which she described as a pivotal factor in his culpability. The court has reserved judgment on the appeal.
A man from Ballyshannon, County Donegal, has been remanded in custody following a Court of Appeal decision to quash his suspended sentence. Ciaran Lawn (43) had received a three-year wholly suspended sentence in July 2021 after pleading guilty to possession of a controlled substance for sale or supply. The offence occurred on December 15, 2019, when gardaí observed him moving approximately €840,000 worth of cannabis and €59,000 of cocaine near Ardee, County Louth. The Director of Public Prosecutions successfully appealed the sentence as unduly lenient. The Court of Appeal found that wholly suspended sentences required exceptional circumstances, which the court deemed absent in this case. Lawn's defence had submitted he was a courier living on social welfare with significant mental health issues at the time of the offence. His case will return before the court on May 12.
Mark Crawford, aged 44, was convicted of murdering Patrick 'Pa' O'Connor, aged 24, after stabbing him six times in Fitzgerald's Bar, Limerick, on a night of cocaine use. Crawford claimed self‑defence, arguing he feared O'Connor would kill or stab him, but the jury did not accept this defence and he was found guilty of murder in October 2020. The Court of Appeal heard that the trial judge, Ms Justice Tara Burns, had not adequately instructed the jury on how to assess Crawford's self‑defence claim, and that the prosecution had not proven Crawford did not honestly believe he needed to use force. Crawford appealed on the basis that the verdict was unsafe and unsatisfactory, while the Director of Public Prosecutions maintained that the jury's instructions were proper and the self‑defence test was clear. The appeal judgment is reserved. Mark Crawford pleaded not guilty.
Kenneth McDonald, 56, of Wexford, was convicted of raping and indecently assaulting a seven‑year‑old girl, the sister of his former girlfriend, between 1987 and 1994. A jury found him guilty at the Central Criminal Court and he received a seven‑year sentence in October 2019. McDonald appealed, arguing that the trial judge, Mr Justice Alex Owens, interrupted the cross‑examination of the complainant more than 200 times, preventing a fair trial. He also claimed the judge failed to give a corroboration warning to the jury. The Court of Appeal heard that the judge's interventions were largely innocuous, such as asking witnesses to repeat statements. The appeal was reserved. The victim, who waived anonymity, described lasting trauma, stating her childhood and adult life were devastated by the abuse. The court heard details of the assaults, including the first incident in summer when the victim was in primary school, and subsequent attacks when she was 10, 13, and 14. Kenneth McDonald pleaded not guilty.
Jonathan O'Driscoll, aged 33, was sentenced to 13 years in prison for a 14‑minute unprovoked assault on 73‑year‑old Christy O'Callaghan in Macroom on 21 March 2019. O'Driscoll repeatedly stamped on O'Callaghan's head, causing severe injuries including scalp lacerations, facial fractures, rib fractures, a collapsed lung and a subdural haematoma. O'Callaghan later required life‑saving treatment at Cork University Hospital and was moved to a long‑term care facility after release. O'Driscoll pleaded guilty and was given a 15‑year headline sentence by Judge Sean O'Donnabhain, which he appealed as "excessive in all circumstances". His barrister argued mitigating factors such as his psychiatric history, cooperation, and remorse, while the Director of Public Prosecutions acknowledged a marginal discount. The Court of Appeal considered the victim impact statement and the severity of the assault, noting O'Callaghan's life was ruined and that he has since passed away.
The Court of Appeal heard arguments today regarding the lawfulness of the arrest of William Dollard, who is appealing his conviction for the sexual assault and attempted anal rape of a 61-year-old victim in Co Cork on May 30, 2017. Dollard, who pleaded not guilty, was found guilty by a jury at the Central Criminal Court. His legal team argued that his arrest under Section 24 of the Criminal Justice (Public Order) Act 1994 was unlawful, contending it was a "colourful device" to secure his availability for potential complaints rather than addressing an immediate danger. They further claimed the subsequent seizure of his clothing rendered the evidence inadmissible. The Director of Public Prosecutions countered that the arrest was lawful, citing CCTV footage showing Dollard making thrusting motions against the victim, which informed the garda's decision. The prosecution noted the victim was intoxicated and unclear, making the CCTV crucial evidence. Judgment has been reserved. At the original sentencing, Mr Justice McDermott acknowledged the victim's vulnerability and Dollard's alcohol abuse and social isolation. He set a headline sentence of six years for the attempted anal rape but imposed a final sentence of five years and six months, with the last 18 months suspended for two years.
A man from Ballyshannon, County Donegal, will face arrest if he fails to attend the Court of Appeal this week following the quashing of his suspended sentence for drug trafficking. Ciaran Lawn, aged 43, of Derrykillew, had received a three-year wholly suspended sentence from Dundalk Circuit Criminal Court in July 2021 after pleading guilty to possession of a controlled substance for sale or supply. He was apprehended on 15 December 2019 near Ardee, County Louth, while transporting approximately €840,000 worth of cannabis and €59,000 of cocaine. The Director of Public Prosecutions appealed the sentence as unduly lenient. A three-judge panel, led by Court President Mr Justice George Birmingham, agreed and quashed the original sentence. The court found that wholly suspended terms require exceptional circumstances, which were absent in this case. A bench warrant has been issued for Lawn's arrest should he fail to attend court for re-sentencing.
The Court of Appeal heard appeals from two men in their twenties convicted of raping a woman at an address in Co Leitrim in 2017. The first accused, who pleaded guilty to rape, and the second accused, who pleaded not guilty to oral rape, were found guilty by a jury at the Central Criminal Court in November 2019 and sentenced to seven years' imprisonment each by Ms Justice Eileen Creedon. Counsel for the first appellant argued that the trial judge failed to highlight the distinct differences between the co-accused's cases and did not provide an adequate corroboration warning. The second appellant contended that the judge erred in refusing an application to acquit on the grounds that the State failed to preserve evidence, specifically his trousers, which could have been subjected to a touch test for DNA. The Director of Public Prosecutions submitted that the jury was instructed to treat the matters separately and rejected the defence arguments. The matter was adjourned with judgment reserved.
Conor Quaid, 27, of Monaree, Dingle, was convicted of raping a family friend in Kerry in 2018. A jury found him guilty by a 10‑to‑1 majority after a seven‑day trial in Cork in September 2020. He was sentenced to six‑and‑a‑half years' imprisonment by Ms Justice Mary Rose Gearty. Quaid appeals, arguing that the judge erred by failing to define recklessness for the jury and by implying that drunkenness equates with recklessness. The judge had told the jury that Quaid had been drinking before visiting the victim, who had not been drinking and had gone to bed early. The Court of Appeal heard arguments from Quaid's counsel, who said alcohol was a feature but not a total loss of control, and from the Director of Public Prosecutions, who said the judge's direction was practical and clear. The judgment is reserved. Conor Quaid pleaded not guilty.
Boy B, now 17, seeks to introduce fresh evidence and amend grounds of appeal in his murder case. The Court of Appeal heard that the State, represented by Brendan Grehan SC, expects to oppose the application to enlarge grounds and present new evidence. Boy B was convicted with Boy A, both 13 at the time, of murdering 14‑year‑old Ana Kriegel in May 2018. He received a 15‑year sentence, reviewable after eight years, and is currently detained at Oberstown Children Detention Campus. The appeal focuses solely on the conviction, not the sentence. The motion to add new grounds and evidence will be scheduled for hearing, with the case listed for June 17. Boy A has not lodged an appeal. The court will decide whether to address the motion separately or together with the substantive hearing. Boy B's appeal will not challenge the severity of his sentence.
Jason Davis, aged 28, had originally been sentenced to seven years' imprisonment with 18 months suspended for aggravated burglary at a Drogheda address in May 2020. The Court of Appeal quashed that sentence, citing the judge's failure to balance aggravating and mitigating factors and the disparity with co‑accused Dean McKenna's three‑and‑a‑half year sentence for the same offence. The appellate court, led by Mr Justice George Birmingham with Ms Justice Isobel Kennedy and Ms Justice Aileen Donnelly, re‑sentenced Davis to six years' imprisonment with the final 18 months suspended. The decision was made after noting the damage caused during the break‑in, the use of weapons, and the cost of repairs estimated at €1,589. The court emphasised that the new sentence, while still substantial, was intended to reduce the disparity between the two co‑accused sentences.
The Court of Appeal heard an appeal from an unnamed 29-year-old man who pleaded not guilty to one count of rape against a 17-year-old female at an address in Midleton, Co Cork, in August 2017. A jury convicted him at the Central Criminal Court in Cork in September 2020, and he was sentenced to 10 years imprisonment, with the final three years suspended, by Mr Justice Alexander Owens. The appellant argued that the trial judge erred in admitting evidence of his Google searches, including terms like 'rape kit accuracy,' and in excessively intervening during his examination. Counsel for the appellant, Siobhan Lankford SC, contended the searches had limited relevance and prejudiced the jury, while also alleging the judge's interruptions created the effect of two prosecutors. The DPP's counsel, Ray Boland SC, countered that the searches indicated the appellant's state of mind and that juries are robust enough to handle judicial interventions. He noted that while the interruptions were more frequent than usual, the trial was not rendered unfair. The three-judge court reserved its judgement on the appeal.
An appeal by Jason Bradley and Dean Bradley against their murder convictions has been dismissed by the Court of Appeal. The brothers were originally sentenced to life imprisonment in July 2018 for the murder of Neil Reilly in Lucan, Dublin, on January 18, 2017. The appeal focused on alleged errors in the trial judge's charge to the jury and the admissibility of witness Danielle Cusack's evidence. Mr Justice John Edwards, presiding at the three-judge Court of Appeal, dismissed all grounds of appeal, stating that the trial was conducted fairly and that the jury's verdicts were safe. Jason Bradley was found guilty of murder and Dean Bradley was acquitted of murder but was previously sentenced to life imprisonment for the same offence. Ryan Bradley was acquitted of murder by the trial judge but pleaded guilty to an offence of impeding the murder investigation and received a fully suspended five-year prison sentence. The court rejected claims that the trial judge improperly charged the jury and that the use of Enhanced Cognitive Interview (ECI) with Ms Cusack was unfair. The appeal was adjourned and never described as concluded or finalised.
Stephen Duffy, aged 28, was sentenced to four years' imprisonment with three years suspended after the Court of Appeal quashed a wholly suspended sentence handed by Judge Melanie Greally. The original sentence had been imposed for assault causing serious harm to Darren Darley, 50, who was left comatose after a one‑punch attack on 29 August 2016. Duffy pleaded guilty at Dublin Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the judge erred by not imposing a custodial term and that the penalty was unduly lenient. In the appeal, Mr Justice Patrick McCarthy re‑sentenced Duffy to four years' imprisonment, with the final three years suspended. Duffy was taken into custody after entering a good behaviour bond. The case involved a single blow struck between strangers, with the victim sustaining a traumatic brain injury and long‑term deficits.
Denise Cribbin, 45, of Stepaside, Co Wicklow, was sentenced to a two‑year wholly suspended term for making a false statement under Section 12(a) of the Criminal Law Act 1976. The Director of Public Prosecutions appealed, arguing the sentence was too lenient. The Court of Appeal, led by Mr Justice George Birmingham with Ms Justice Isobel Kennedy and Ms Justice Aileen Donnelly, quashed the original sentence and imposed a one‑year custodial term. Cribbin, who had pleaded guilty in July 2020, was told she would be taken into custody to begin her sentence. The offence stemmed from a false allegation of sexual assault made after a single‑car crash on 12 July 2016, involving Cribbin and the injured party. The court noted the statement was false after witness interviews contradicted it. Cribbin will report to Stepaside Garda Station before 5 pm on Friday to be taken into custody.
In March 2022 the Court of Appeal heard that the two‑year custodial sentence imposed on 20‑year‑old Scott O'Connor for brandishing a knife outside a Cork house party was unduly lenient. O'Connor had pleaded guilty in January 2021 to violent disorder and to producing a knife capable of serious injury in a manner likely unlawful to intimidate another. The Central Criminal Court had originally imposed a five‑year term with the final three years suspended; the DPP appealed, arguing the suspension was too lenient given the grave circumstances. The case involved a pre‑drinks party for UCC Freshers' Week, a drunk homeless man, and the death of 20‑year‑old Cameron Blair, who was stabbed moments after O'Connor had brandished a large knife on the doorstep.
A 32-year-old Romanian national is appealing a six-and-a-half-year prison sentence imposed for his role in an international bank card skimming operation. Daniel Munteanu pleaded guilty at Trim Circuit Criminal Court to ten counts of theft totalling €121,800 from 52 Bank of Ireland accounts between September 2018 and March 2019. Over 300 withdrawals were made from ATMs across multiple counties including Cavan and Monaghan. Gardaí recovered cloned bank cards, a card-cloning machine, and forged identity documents from his home. At the Court of Appeal, his legal team contended the original sentence was disproportionate, characterising Munteanu as a foot-soldier in the gang who received approximately ten per cent of proceeds. The Director of Public Prosecutions countered that Munteanu was an integral member of an established international criminal network operating across multiple jurisdictions with significant resources. The court reserved judgment.
In 2019, a judge jailed Maciej Masznic, 41, for seven‑and‑a‑half years after a five‑day trial in Tralee Circuit Criminal Court found him guilty of possessing cannabis and methylamphetamine for unlawful sale or supply at his home. The drugs, valued at over €13,000, were seized during a Garda raid. Masznic appealed, arguing that the judge failed to instruct the jury on the legal concepts of possession and knowledge, which he claimed were fundamental to the case. His counsel, Dean Kelly SC, contended that without proper instruction, no reasonable jury could convict. The Director of Public Prosecutions' counsel, Thomas Rice BL, countered that the jury was adequately informed and that the prosecution's case of guilty knowledge was clear. The Court of Appeal, presided over by Mr Justice George Birmingham, noted the dispute and reserved judgment. The appeal remains pending. Maciej Masznic pleaded not guilty.
The Court of Appeal has upheld a High Court ruling that SEDA (Skills & Enterprise Development Academy) Limited, which operated an English language school in Dublin, should not be wound up. The case involved an appeal by Rezaul Karim and Mahbuba Sultana against a 2019 decision by Mr Justice John Jordan. The High Court had found that shareholder and director Tiago Mascarenhas was entitled to relief under Section 212 of the Companies Act 2014, citing oppressive conduct by the appellants. The Court of Appeal, comprising Ms Justice Caroline Costello, Mr Justice Robert Haughton, and Mr Justice Maurice Collins, dismissed the appeals on most grounds but allowed Ms Sultana's appeal regarding the finding that Mr Karim was the beneficial owner of her shares. The court affirmed that Mr Mascarenhas should be permitted to acquire Ms Sultana's shares rather than the reverse, noting his local presence and experience. Regarding costs, the court initially proposed a 10% reduction against the applicant due to his lack of candor regarding his immigration status. However, the Court of Appeal ultimately decided not to make any deduction from the applicant's costs, citing the appellants' refusal to engage in mediation and their conduct of the litigation. The matter was concluded with the High Court's substantive decision upheld, subject to the correction on beneficial ownership.
In a Court of Appeal hearing on 25 February 2022, Keith O'Neill, aged 46, sought to have his murder conviction quashed. He had been found guilty of shooting John Wilson, aged 35, to death on 28 September 2012 at Wilson's home on Cloverhill Road, Ballyfermot, Dublin 10, and sentenced to life imprisonment by Mr Justice Tony Hunt in May 2015. O'Neill's lawyers argued that evidence of gunshot residue on clothes he had dumped in a skip should not have been admitted to the jury. They cited a forensic expert's testimony that a single particle of residue found in the right pocket of a coat had helped convict the Englishman Barry George of BBC presenter Jill Dando's murder in 2001. Mr Justice John Edwards noted that new guidelines in England recommend caution when considering small amounts of residue. Conor Devally SC for the Director of Public Prosecutions said the guidelines were proposals and not yet established protocols. Keith O'Neill pleaded not guilty. Jill Dando was acquitted.
A 37‑year‑old man was convicted of a campaign of violence and rape against his younger brother between 2001 and 2006. He pleaded not guilty to ten counts of oral rape, seven counts of assault causing harm and one count of intimidation. A jury found him guilty of all assault counts and two of the rape counts. He was sentenced to nine years for the rapes and five years for the assaults, with both sentences running concurrently. He appealed, arguing that the trial judge erred by not directing the jury to acquit on the remaining eight rape counts and by admitting a memorandum of his interview with Gardaí. The appeal contended that Gardaí had induced him to confess during a two‑hour interview, promising release if he cooperated. The court noted that the interview had no break and that the judge's decision to admit the interview was correct. The judgment was reserved.
In February 2022 the Court of Appeal considered a case where a man had been charged with arson for setting fire to a house in Dublin in 2018, where his partner and child were inside and the door was wide open. The charge was initially dropped, but after a victim complained to the Director of Public Prosecutions (DPP) the DPP reviewed the case and recommended the charge be reinstated. The man, who cannot be named, applied for a judicial review of the DPP's decision to prosecute him a second time, but the application was refused. He then appealed, arguing that the DPP had erred in law and fact, had misinterpreted the Criminal Justice (Victims of Crime) Act 2017, and that multiple contrary decisions breached fair procedures. The unnamed appellant had the case struck out.
In a Court of Appeal hearing on 15 February 2022, a senior judge warned Stephen Ennis, 32, that the "ball was in his court" if he wished to avoid a prison term after a one‑year sentence was quashed. Ennis had stabbed a hospital doctor three times in the back with a needle taken from his own arm during the first wave of the pandemic in St James' Hospital, Dublin. The doctor, a foreign national who had moved to Ireland to train as an emergency medicine consultant, was left "shattered" and later gave up that career. Ennis had 72 prior convictions, including violent disorder, drug possession, knife possession, burglary and begging. The Director of Public Prosecutions appealed the original sentence, arguing it was unduly lenient, while Ennis' counsel argued he was a drug‑addicted, mentally detached offender who had been drug‑free for six months. Stephen Ennis pleaded guilty.
In a case heard by the Court of Appeal, Dmitrijs Venskovics, a 45‑year‑old Latvian farmer turned lorry driver, was denied a reduction of his eight‑year jail sentence for the importation of 36 kg of cocaine. Venskovics had pleaded guilty at the Dublin Circuit Criminal Court to having the drugs for sale or supply on 24 April 2020 at a Maxol service station in Donabate. He claimed he was paid €200 to place the cocaine in his lorry and that he had no serious financial gain from the contraband. His counsel argued that his client, who suffers from a heart condition and does not speak English, should have part of the sentence suspended so he could return to Latvia. The Director of Public Prosecutions maintained that the eight‑year term was within the ambit of previous sentences for similar offences.
A Kinahan-linked man convicted of attempted murder is challenging his conviction on appeal, arguing that mobile phone records used to secure his conviction breached his right to privacy under Irish and European Union law. Caolan Smyth, now imprisoned at Cork Prison, was found guilty at the Special Criminal Court in January 2021 of the attempted murder of James Gately in north Dublin on 10 May 2017. Smyth was sentenced to twenty years' imprisonment. His co-accused, Gary McAreavey, received three years for assisting in the destruction of the vehicle used in the shooting. At the Court of Appeal, counsel for Smyth submitted that phone location data gathered under the Communications (Retention of Data) Act 2011 should not have been admitted as evidence, citing a 2018 judgment that found the legislation incompatible with EU law. The Director of Public Prosecutions contended that the phone records were recovered lawfully and that the legislation remains valid. McAreavey separately appeals his conviction, challenging whether evidence proved his knowledge that a serious offence had been committed. Caolan Smyth pleaded not guilty. Gary McAreavey pleaded not guilty.
A man from Crossmolina, County Mayo, has appealed his extradition to the United States, where he faces allegations of breaching bail conditions related to a previous conviction for attempting to entice a child for indecent purposes. Martin Jude Wall, aged 46, was convicted in Georgia in 2012 after pleading guilty to sending explicit images to what he believed was a thirteen-year-old girl during an undercover police operation. He subsequently fled to Ireland while on probation. The High Court ordered his extradition in October last year. At the Court of Appeal hearing, Wall's counsel argued that Georgia's sex offender legislation, which restricts residence within 300 metres of areas frequented by children, rendered him homeless and subject to inhumane conditions. The Attorney General's counsel contended that Wall would face imprisonment rather than homelessness upon return. Judgment has been reserved.
Deirdre Brady, aged 54, was given a three‑year wholly suspended sentence after pleading guilty to two offences under Section 7 of the Criminal Justice Act for laundering almost €800,000 in illegal cash through bank accounts she controlled. The money, derived from criminal activity, was deposited in four accounts: a joint PTSB account with her husband containing €94,000; an Ulster Bank account with €347,000; an AIB account with €205,000; and a Bank of Ireland account with €85,000. Additional transfers included €34,000 to a resort for a wedding and €141,000 to Thomas Kavanagh, an Irish citizen in Spain. Brady's husband, Declan Brady, a senior Kinahan Cartel lieutenant, was jailed for seven years and three months for his role in the enterprise. The State appealed the sentence as unduly lenient, but the Court of Appeal upheld the suspended sentence, noting no evidence of coercive control by her husband.
In a 2022 Court of Appeal decision, the three‑and‑a‑half‑year jail term given to Giuseppe Diviccaro, a 47‑year‑old Italian national, was upheld as not excessively lenient. Diviccaro, who lived on Addison Drive, Glasnevin, pleaded guilty to contributing to a criminal organisation and to money‑laundering offences between June 2018 and April 2019. He had opened seven bank accounts in Ireland, transferring over €200,000 of fraudulently obtained funds, most of which were quickly moved or withdrawn. The Dublin Circuit Criminal Court had noted that the accounts were opened using a legitimate Italian ID card but a fraudulent utility bill. Judge Melanie Greally sentenced him to five years' imprisonment, suspending the final 18 months on strict conditions, including leaving the jurisdiction within 14 days of release and not returning for 15 years.
In a Court of Appeal hearing, the appeal of Eamon Roche, a 31‑year‑old farmer convicted of raping his former girlfriend, was dismissed. Roche had been found guilty of a single count of rape in April 2019 and sentenced to six years' imprisonment. He argued that the trial judge, Mr Justice McDermott, had not properly charged the jury on issues of recklessness and the significance of his post‑incident text messages. The Court of Appeal, led by Ms Justice Patrick McCarthy, held that the trial judge had adequately instructed the jury on the facts, the defendant's conduct, and the relevance of the texts. The appeal was rejected, with the court affirming that no further instruction was required. The decision confirmed the original conviction and sentence.
In January 2020, William Harty, aged 31, deliberately crashed his Peugeot estate car into his family home in Kilmanagh, Co. Kilkenny, causing over €50,000 in damage and leaving the building structurally compromised. He pleaded not guilty to endangerment and criminal damage, but a jury found him guilty at the Kilkenny Circuit Criminal Court and Judge Cormac Quinn sentenced him to five years imprisonment. Harty appealed, arguing that a 999 call made by his wife should not have been presented to the jury as real evidence. At the Court of Appeal, Kathleen Leader SC contended the call was hearsay and that photographs taken hours later showed the crime scene had not been preserved. Garret Baker BL for the Director of Public Prosecutions acknowledged some evidential infirmity but said it had no practical effect on the outcome. Harty expressed remorse for using his car as a battering ram while his wife and children, all under eight, were inside.
The Court of Appeal has upheld the 10-year sentence imposed on Thomas Patton (53) for 24 counts of indecent assault of his cousin at an address in Co Donegal between April 1, 1984, and January 1, 1990. Patton had pleaded not guilty at Dublin Circuit Criminal Court but was found guilty on all counts by a jury in July 2019. He was sentenced to 10 years by Judge Melanie Greally. The appeal against the sentence was dismissed by the Court of Appeal, with Mr Justice George Birmingham stating that the offending was of 'exceptional seriousness' and that consecutive sentences were 'entirely appropriate'. Hugh Hartnett SC, for Patton, argued that the custodial term was 'excessive and disproportionate' and that the sentencing judge failed to consider aspects of rehabilitation. Mr Cooney, for the Director of Public Prosecutions, stated that a higher sentence would still have been within the judge's discretion given the seriousness of the offending. The matter was adjourned at an earlier hearing, but no finalisation was reached in this stage of the appeal.
The Court of Appeal has dismissed an appeal by a woman from the Democratic Republic of Congo, upholding a decision that her application for international protection must be considered by Belgian authorities. The defendant, who arrived in Ireland from Brussels after holding a Belgian visa, challenged a transfer order under the EU's Dublin Regulations. She alleged that returning to Belgium would expose her to inhuman and degrading treatment due to systemic failures in its asylum procedures and reception conditions. The woman pleaded that she should be allowed to remain in Ireland on humanitarian grounds, citing relationships formed during her three-year stay and risks associated with the pandemic. However, the Minister for Justice refused to halt the transfer, determining that no exceptional circumstances existed to override the Dublin framework and that the move would not breach her rights under the European Convention on Human Rights. In prior High Court judicial review proceedings, Mr Justice Cian Ferriter dismissed her action, finding the Minister had properly considered her application. The Court of Appeal, comprising Mr Justice John Edwards, Ms Justice Mary Faherty, and Mr Justice Maurice Collins, upheld this decision. Mr Justice Collins noted the case raised difficult arguments regarding EU regulations but concluded the Minister was entitled to hold that the proposed transfer did not violate the woman's rights. The appeal was dismissed, confirming that the Belgian authorities retain responsibility for her asylum claim.
In a Court of Appeal decision on 27 January 2022, the State's application to jail a man for assaulting his four‑month‑old daughter was rejected. The man had previously received a six‑month prison sentence for assaulting his partner in a separate incident. Judge Martin Nolan, in the original sentencing, had said he was "taking into consideration" the attack on the child when imposing the sentence at the Dublin Circuit Criminal Court in March. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The first assault occurred on 18 September 2019 when the man repeatedly punched his partner while she held their daughter, pushing the child against a wall; the baby vomited and was still vomiting when Gardaí arrived. The unnamed man pleaded guilty.
The Court of Appeal has dismissed the appeal by Darren King, a father-of-five from Ballyfermot, Dublin, who challenged the severity of his seven-year prison sentence. King had previously pleaded guilty to possessing cannabis and cocaine for sale or supply at locations on Ballyfermot Road, Cole Park Road, and his home on April 23, 2019. The original sentence, handed down by Judge Pauline Codd at Dublin Circuit Criminal Court, was reduced from a headline term of 12 years. King's counsel, Seamus Clarke SC, argued that King was not a typical courier and cited mitigating factors, including a back injury and a co-accused who received a wholly suspended sentence. However, the Director of Public Prosecutions' counsel, Eoghan Cole BL, maintained that the sentence contained a significant deterrent element and was well within bounds. The appellate panel, presided over by Mr Justice John Edwards with Mr Justice George Birmingham and Mr Justice Patrick McCarthy, agreed with the sentencing judge's assessment that King was actively storing and distributing drugs. The court stated it was "unimpressed" by King's arguments, noting he made a "commercial decision" to store €700,000 worth of drugs to pay off debts. The appeal was rejected, and the seven-year sentence stands.
In a Court of Appeal decision on 25 January 2022, the court rejected the State's request to jail a 22‑year‑old man who had sexually assaulted a 14‑year‑old girl after befriending her on Snapchat. The man had pleaded guilty to the assault, to asking the girl to touch him, and to contacting a child for sexual exploitation, all offences under Irish law. In February 2021 he received a two‑year suspended sentence from Judge Seán Ó Donnabháin at Cork Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, but the three‑judge panel, led by Mr Justice John Edwards, decided not to interfere with the original sentence. The court noted the man had fled to England after the incident, returned to Ireland in July 2020, and had spent a month in custody following his arrest. No further action was taken in this appeal.
In a Court of Appeal hearing on 25 January 2022, the lawyers for Richard O'Mara, aged 33, argued that the 12‑year custodial sentence handed down by Ms Justice Tara Burns for two counts of rape was "very severe". O'Mara had been convicted in April 2019 by a jury at the Central Criminal Court for raping a teenage schoolgirl twice at an 18th birthday party in County Clare. The first assault occurred in a field near the party venue, the second inside the house after guests had left. O'Mara's appeal focuses on the lack of violence or force in the field rape and the absence of mitigating factors, citing his prior good character and lack of previous convictions. The Director of Public Prosecutions maintained that the sentence was appropriate, noting the victim's injuries, the pre‑meditated nature of the first rape, and the violence and humiliation inflicted during both assaults. Richard O'Mara pleaded not guilty.
A 72‑year‑old grandfather from the south of Ireland pleaded guilty to sexually assaulting his daughter and two granddaughters. He had appealed the 13‑year sentence imposed in 2016, arguing that the judge had not given enough credit for his lack of prior convictions, good work record and early guilty plea. The Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal. He noted that the offences began in 1985 with the daughter and continued until a granddaughter reported the abuse to a teacher in 2014. The judge had found the offences to be of great seriousness, each falling into the most serious category of sexual offences. The Court confirmed that the 13‑year sentence was appropriate and that the judge had made no error in principle. The case was brought to light when police were called to a family home fracas in 2014, after which the grandfather admitted the abuse.
During a remote hearing at the Court of Appeal, a barrister's dog barked repeatedly, causing a temporary pause. The case involved the lawyer appealing both the conviction and prison term of his client. While the barrister was explaining to the three judges why he believed the trial judge had erred in refusing the client's change of plea from guilty to not guilty, the barking was heard over the video link. The lawyer paused, resumed, and was stopped again when the dog barked again. The presiding judge intervened, adjourned the hearing for five minutes, and allowed the barrister to quiet the dog. After the break, the hearing continued without further incident. The court ultimately dismissed the appeal against conviction but suspended part of the appellant's sentence.
The Court of Appeal heard arguments regarding the admissibility of evidence in the case of Richard Dekker, who was convicted in 2017 of murdering Daniel McAnaspie. Dekker, a prisoner at Mountjoy Prison, is appealing his life sentence, arguing that his right to reasonable access to a solicitor was breached during questioning at Cabra Garda Station. His counsel, Sean Gillane SC, contended that Dekker was not properly cautioned and was pressured to answer questions without legal advice, rendering subsequent statements inadmissible. The prosecution, represented by Brendan Grehan SC, countered that Dekker was cautioned twice and understood his rights, noting he had previously been advised by his solicitor not to speak if inference provisions were invoked. The court heard that Dekker had initially been acquitted in 2013 due to a lack of evidence, but the Supreme Court later permitted a retrial under the Criminal Justice Procedure Act 2010. Co-accused Trevor Noone admitted manslaughter and blamed Dekker for the murder. Dekker also received a two-year and six-month sentence in 2010 for unlawful possession of a firearm with intent to endanger life. The matter remains under appeal consideration.
In 2020, Karl Hughes, aged 28, was convicted of harassing the Kennedy family in Rathfarnham over an €8,500 drug debt. He pleaded guilty and was sentenced to four years' imprisonment by Judge Martin Nolan. Hughes' defence argued the sentence was excessive, citing his depression and alcohol abuse at the time of the offence and his subsequent medical treatment. The Court of Appeal was informed that Hughes had been offered a place to study at the National College of Art and Design and an employment offer. CCTV footage showed Hughes repeatedly banging on the family's door, shouting threats, and kicking the door, actions described by the Director of Public Prosecutions as "planned, prolonged and effective" to cause maximum fear. The sentencing judge described the behaviour as "very serious misbehaviour" and noted the victims were so terrified they considered selling their 24‑year‑old home.
In January 2022, the Court of Appeal reduced the sentence of Eddie O'Loughlin, a 38‑year‑old former resident of Finbar's Terrace, Bohermore, who had been convicted of aggravated burglary and a violent assault on Jonathan King in June 2016. O'Loughlin entered the family home at 8 am armed with a large kitchen knife and repeatedly stabbed King in front of the victim's daughters, aged four, 11 and 17. He also threatened the mother, Adrienne Keary, by placing his finger on his lips. O'Loughlin was arrested hours later, his clothing stained with King's blood. He had originally pleaded not guilty, later changed to guilty after evidence from Keary, and was sentenced to 10 ½ years in January 2020. On appeal, the Court found no error in the conviction but suspended the final 18 months of the term for three years, subject to a bond with probation services. The appeal was heard by Justices Kennedy, Edwards and McCarthy.
The Court of Appeal heard arguments regarding the anonymity order for YZ, who was sentenced to 30 years' imprisonment for kidnapping and torturing Kevin Lunney. YZ pleaded not guilty to false imprisonment and intentionally causing serious harm. Co-accused Alan O'Brien (40) and Darren Redmond (27) were jailed for 25 and 15 years respectively. The State, represented by Sean Guerin SC, argued that the ban on naming YZ should be lifted sooner rather than later, stating there was no reason for it to remain given that his other circuit court proceedings are not expected to begin until July or later this year. The DPP opposed the extension of the anonymity order, which had been extended to January 18 by the High Court. Mr Justice George Birmingham agreed to hear the case again next Friday after requesting further submissions from both sides. The matter was adjourned.
In a Dublin Circuit Criminal Court trial, a father was found guilty of sexually assaulting his nine‑year‑old daughter between January and April 2017, and was sentenced to three years and four months' imprisonment. He has not accepted the verdict and has appealed, arguing that the prosecution's evidence indicated he was asleep when the alleged conduct occurred and that a conversation with his daughter took place the following morning. His lawyers claim that Judge Elma Sheahan failed to direct the jury to consider this evidence, which would have led to a not‑guilty verdict. The Court of Appeal has reserved judgment. The victim, now 13, testified that her father should have protected her and that the assault took away part of her childhood. Judge Sheahan noted the father's regret but said he would not accept a suspended sentence unless he enrolled in a rehabilitation programme, which he declined to do. The unnamed man pleaded not guilty.
Stephen Duffy, 28, pleaded guilty to assault causing serious harm to Darren Darley, 50, after a one‑punch attack on 29 August 2016. Judge Melanie Greally had imposed a wholly suspended four‑year sentence in July, citing Darley's survival and the lack of intent. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and should include custodial time. In the appeal hearing, Darley's text messages to Duffy, expressing forgiveness and a desire for closure, were read. The court reserved judgment a second time, noting the victim's charitable stance but stating it was not a decisive factor. The appeal remains pending, with the court to decide whether to re‑sentence Duffy. The case highlights the appellate process and the role of victim statements in sentencing decisions.
In a Court of Appeal hearing, the Director of Public Prosecutions argued that Stephen Duffy, 28, should have received custodial time for a single‑punch assault that left Darren Darley, 50, in a coma and with a potentially fatal brain bleed. Duffy had pleaded guilty to assault causing serious harm after a brief verbal exchange on Belgard Road, Tallaght, on 29 August 2016. Judge Melanie Greally had imposed a wholly suspended four‑year sentence, citing Duffy's return to the scene and subsequent flight as mitigating factors. The DPP appealed, stating the sentence was unduly lenient and that the victim's long‑term injuries, including memory deficits and business closure, warranted a custodial term. The court noted CCTV footage of Duffy striking Darley and that Darley had received life‑saving surgery. The judgment was reserved.
Robert O'Leary, a 43‑year‑old used‑car salesman from Finglas, had his 2020 conviction for IRA membership quashed on 11 January 2022 after it was revealed that the chief prosecution witness, Nik Kasapi, was a convicted drug dealer whose criminal record had not been disclosed to O'Leary's defence. The Court of Appeal, presided over by Mr Justice George Birmingham, noted that the Director of Public Prosecutions had not opposed the application to quash the conviction and that the circumstances were unusual enough to warrant investigation. O'Leary, who had been in jail since October 2020, was convicted by a Special Criminal Court of membership in the Irish Republican Army (Óglaigh na hÉireann) on 20 August 2019 and sentenced to three years' imprisonment. The court will later decide whether he should face a retrial on the original charge. Robert O'Leary pleaded not guilty.
The Court of Appeal refused to allow the Director of Public Prosecutions to retry two men who had been found not guilty of IRA membership. The appeal court said the Special Criminal Court judges had wrongly excluded belief evidence from a senior Garda who had told the trial that he believed the men were IRA members. Justice George Birmingham noted that even if the evidence had been admitted, it would have carried little weight and the men would still have been acquitted. He criticised the trial judges for rejecting the evidence on the basis of unfairness and for not allowing the defence to cross‑examine the Garda. The appeal court concluded that it was not in the interests of justice to require a retrial on the same charges. The decision was made on 21 December 2021.
In 2021 the Court of Appeal upheld a suspended sentence for Robert Traynor, a 54‑year‑old former bank IT worker, who pleaded guilty to possessing 1,938 images and 183 videos of child pornography and to producing 1,650 computer‑generated images. The original March 2021 judgment by Judge Pauline Codd imposed a two‑and‑a‑half‑year wholly suspended sentence, with no custodial period. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, but the three‑judge panel, led by Justice Isobel Kennedy, dismissed the appeal. The court noted Traynor's early guilty plea, lack of prior convictions, expressions of regret and participation in counselling as mitigating factors. It concluded that continuing his rehabilitation in the community was in society's interest, and that the suspended sentence fell within the judge's margin of appreciation. The appeal hearing included arguments from both sides, but no change to the sentence was made. The case remains a non‑custodial outcome.
In a Munster child‑sexual‑abuse case, Mr Justice Paul McDermott rejected defence attempts to set aside guilty verdicts following a juror's letter. Five family members—three men and two women aged 27 to 57—were found guilty of 77 of 78 counts, including sexual abuse of three children between 2014 and 2016. The parents were also convicted of wilfully neglecting five children and the father of mistreating three with medication. All defendants denied the charges. The judge ruled that, as trial judge, he had no jurisdiction to overturn a jury verdict once delivered and that the juror's letter contained no evidence of impropriety. He advised the case could be taken to the Court of Appeal and adjourned a sentence hearing for January 10, to be held over two days. The hearing will consider the 27‑year‑old uncle's eight guilty verdicts, the 49‑year‑old uncle's ten, and the father's convictions. The unnamed 27-year-old was acquitted.
Dean Flynn, 25, a repeat offender with 55 convictions, had pleaded guilty to assaulting Garda Stephen Noonan and Garda Mark O'Dwyer after breaching a court order that barred him from his mother's house. The original sentence, imposed by Judge Eugene O'Kelly, was five years for the assault on Noonan and five months for the assault on O'Dwyer, both to run concurrently. Flynn's lawyers appealed, arguing the headline sentence was too high and the one‑year discount insufficient. The Court of Appeal quashed the original sentence and imposed a new term of three years and three months. Mr Justice Patrick McCarthy, sitting with Judges George Birmingham and Aileen Donnelly, re‑sentenced Flynn to four years imprisonment with nine months suspended, citing the early guilty plea and Flynn's suitability for rehabilitation. Flynn, after being asked to enter a good‑behaviour bond, wished the judges a 'Happy Christmas' before being led away.