The Court of Appeal rejected former Ros na Rún actor Garrett Phillips' appeal against his conviction for raping a 20‑year‑old woman in Galway on 5 November 2015. Phillips, 48, was found guilty by an 11‑1 majority after a four‑day trial at the Central Circuit Criminal Court and sentenced to six years' imprisonment. He had pleaded not guilty, claiming the act was consensual. His lawyers argued that the trial judge had erred by refusing to allow cross‑examination of the victim about an oral sex act she had had with her boyfriend a week before the offence. The appeal was dismissed on the basis that the alleged prior act was not relevant to the rape charge. Phillips will now appeal the length of his sentence on 30 April.
A 26‑year‑old man, whose name is protected by the High Court, is awaiting trial for an alleged murder and requires treatment at the Central Mental Hospital (CMH). Because CMH has no available beds, he is being held in Cloverhill Prison. His lawyers argued that his detention was unlawful, citing a consultant psychiatrist, Dr Conor O'Neill, who said the only appropriate place for treatment is CMH. The Court of Appeal, led by Mr Justice George Birmingham, upheld the High Court's decision to keep him in prison until a bed opens. Birmingham described the case as a "resources case" and said that release would only be justified by an egregious breach of his fundamental rights, which was not present. He noted that the man is currently receiving psychiatric care and medication at Cloverhill, and that the state is preparing a new facility at Portrane to increase bed capacity. The other judges agreed with the decision.
The former Garda, aged 60, was convicted in 2018 of sexually assaulting an 11‑year‑old girl and of possessing child pornography. He received a four‑year‑six‑month sentence for the assault, with the final 18 months suspended on the condition of three years of post‑release supervision, and a nine‑month sentence for the pornography charge that ran concurrently. The appeal to reduce the supervision period was dismissed by the Court of Appeal, which found the order fair and justified. The appellant had argued that the assault and pornography charges should not have been tried together, but the court upheld the trial judge's decision that the offences were sufficiently linked. The case remains limited to the conditions and sentences imposed, with no further outcomes reported in the article.
Ibrahim Gharib, 42, an Egyptian national, was convicted in November 2017 of rape, sexual assault and threatening to kill or seriously injure a 27‑year‑old visiting student on 7 and 8 July 2016. The assault began on a bus when Gharib groped the student, who resisted and later texted for help. He followed her home, forced entry, masturbated in front of her, threatened her, and raped her on a carpeted stairway. Witness testimony, the victim's injuries, her text messages, and semen evidence supported the conviction. Gharib's appeal argued the doctor's testimony about carpet debris was unreliable, but the Court of Appeal found the evidence overwhelming and dismissed the appeal. The case was heard at the Central Criminal Court, with the judge noting the victim's clear recollection and the presence of an eyewitness to the rape.
Sean Murphy, 26, is awaiting trial for the murder of Michael Olohan, 35, at Bradog Court hostel. His lawyers argue he should be released until he can receive treatment at the Central Mental Hospital (CMH) because he is mentally ill and refuses antipsychotic medication. Dr Conor O'Neill says the only suitable place for his treatment is CMH, but a shortage of beds has left him in Cloverhill Prison. The High Court previously rejected an application for release. Counsel for Murphy claims his detention breaches Article 40 of the Constitution, which protects personal liberty. The Court of Appeal will decide whether the state can keep him in custody without providing the required treatment. The case is scheduled for judgment on 1 April 2024.
The Court of Appeal rejected lawyers' argument that higher‑level drug dealers should receive shorter sentences than street dealers for the same quantity of drugs. The three‑judge panel held that the value of drugs should be assessed at street‑level prices, even when the offender is a senior dealer. The case involved Stephen Glynn, 41, who was convicted in 2018 under section 15A of the Misuse of Drugs Act for possession of diamorphine in Drimnagh. Detective Sergeant Brian Roberts testified that the drugs were worth €34,360 on the street, while a senior dealer would fetch only €10,000. Glynn's second offence triggered a mandatory minimum of ten years, with a review after five years. The appeal was dismissed, affirming that the street‑level valuation avoids the absurdity of treating a senior dealer as less culpable than a street dealer.
In a Court of Appeal hearing, an expert on female genital mutilation questioned the evidence used to convict a husband and wife who were jailed for performing the procedure on their daughter. The couple, appealing their conviction, seek a re‑examination of the child to determine whether she was actually subjected to FGM. Professor Birgitta Essen reviewed videos of the 2016 and 2019 procedures and reported that the evidence strongly indicated no mutilation, but a physical examination was needed to confirm this. The prosecution's experts disagree with Professor Essen and argue the report should not be admitted. The court also considered a paediatrician's 2020 attempt to re‑examine the child, which was halted due to the child's distress. The appeal is scheduled for next October, and the court has reserved judgment. The couple were originally convicted in 2019 and sentenced in 2020 to five and a half years and four years nine months respectively. The child's identity is protected. The unnamed appellant pleaded not guilty.
Bianca Francisco, a 24‑year‑old Brazilian rickshaw driver, was sentenced to a 12‑month suspended prison term for possessing and intending to sell ecstasy tablets. The court imposed the suspension on the condition that she leave Ireland within three months. Francisco had been living in Dublin and was believed to still be in Ireland, as she was collecting Pandemic Unemployment Payments. She failed to appear at the Court of Appeal to appeal her sentence, and the appeal was struck out. The judge noted that under the Criminal Justice Act a suspended sentence can be revoked if the terms are breached. Francisco had previously pleaded guilty to unlawful possession for sale or supply of a controlled substance and had been on bail for an earlier drug offence. The court considered her economic circumstances but did not excuse her conduct. The appeal was dismissed, leaving the suspended sentence in place.
The Court of Appeal has quashed the murder conviction of David O'Loughlin for the second time, substituting it with a manslaughter verdict. O'Loughlin, 33, was originally convicted of murdering Liam Manley on May 12, 2013, following a retrial at the Central Criminal Court in January 2019. The three-judge panel, led by Ms Justice Isobel Kennedy, found that the prosecution failed to prove beyond reasonable doubt that O'Loughlin intended to kill or cause serious injury to Mr Manley. The court determined there was no evidence to support the intent required for a murder conviction, describing the case as finely balanced. Consequently, the appeal was allowed, and the murder verdict was replaced with manslaughter. O'Loughlin had previously been sentenced to the mandatory term of life imprisonment for murder. Following this decision, he will appear before the Central Criminal Court on Friday to set a date for a new sentencing hearing, where a judge will impose an appropriate sentence for the substituted manslaughter conviction. O'Loughlin's counsel, Mr Michael O'Higgins SC, stated that his client wishes to sincerely apologise for the death of Mr Manley and thanked the court for its careful consideration.
In a case heard by the Court of Appeal, Jurijs Savcuks, a 39‑year‑old Latvian national, was found guilty of possession of drugs for sale or supply after transporting €19,240 worth of cannabis from Cork to Dublin to repay a business debt. He had pleaded guilty at Cork Circuit Criminal Court. Savcuks' counsel argued that he had no prior convictions, had a good work record, and was acting under significant duress to repay the debt, and that the sentence of five years with a suspended portion was too harsh. The Court of Appeal, presided over by Mr Justice George Birmingham, rejected the appeal, stating that Savcuks was not addicted to drugs and that his decision to involve himself in drug trafficking had consequences. The judge upheld the original sentence, finding no error in the sentencing approach of Judge Seán Ó Donnabháin.
In March 2021, a husband and wife, jailed for subjecting their one‑year‑old daughter to female genital mutilation (FGM), sought a re‑examination of the child to determine whether the procedure had actually taken place. Their lawyers applied to the Court of Appeal for a "directions hearing" to order the examination. The State opposed the application. The court heard arguments on March 25. The case arose from disagreement among medical experts about the girl's injuries. The couple, aged 37 and 27, had pleaded not guilty to FGM and child cruelty charges. A jury had found them guilty on all counts after almost three hours of deliberation. In January 2020, Judge Elma Sheahan sentenced the man to five and a half years and the woman to four years and nine months in prison.
Michael Cawley, 16 at the time of the offence, was sentenced to three‑and‑a‑half years for an attempted burglary on Brewery Road, Stillorgan, in February 2014. The Court of Appeal, after the Director of Public Prosecutions argued that the sentence was too lenient, increased it to four‑and‑a‑half years. Cawley had tried to jimmy the door with a screwdriver while the homeowner held it shut, and after failing to enter the house he later broke into a home on Wilson Road, Mount Merrion, stealing €5,000 worth of property and a BMW. He had previously fled to the UK, where he committed another burglary in 2016, and had 29 prior convictions. The Court of Appeal noted the aggravating factors, including the planning, the late‑night timing and the confrontation with a homeowner, and imposed the increased sentence with no portion suspended.
In a Court of Appeal hearing on 16 March 2021, Mr Justice Seamus Woulfe delivered his first judgment as an appeal court judge. The case concerned Keith O'Donoghue, a 32‑year‑old former drug addict from Limerick, who had pleaded guilty in 2020 to robbery and unlawful car taking on 21 October 2016. O'Donoghue had been involved in an addiction recovery programme, had begun a stable relationship, moved out of Limerick, worked as a volunteer, and taken part in education, training, health and fitness courses, and counselling. He had also paid €1,000 in compensation and had a positive probation report. The original Circuit Criminal Court judge had imposed a four‑year custodial sentence, with the final two years suspended.
Robert Devine, 44, and his son Lee Kelly, 21, appealed their sentences for a 2017 burglary and assault at the home of PJ and Brian O'Reilly. Devine had previously served a ten‑year sentence for manslaughter. The appeal was heard by a three‑judge Court of Appeal. Vincent Heneghan SC for the Director of Public Prosecutions argued that Judge Patrick Meghan should not have imposed consecutive sentences, but the director accepted the effective sentences of 12 and seven years. Ronan Munro SC for Devine presented evidence of rehabilitation, including prison education and positive reports from the prison governor, and requested a release with a programme of probation and addiction counselling. Kathleen Leader SC for Kelly highlighted his youth, remorse, and cooperation with Gardaí, and suggested a suspended portion of his sentence. The Court of Appeal reserved judgement. Robert Devine pleaded guilty. Lee Kelly pleaded guilty.
In March 2018, Brandon Power, aged 22, assaulted Garda Thomas Devereux in Bray courthouse, biting the officer's finger and breaking the bone. He pleaded guilty in 2019 and received a 12‑month suspended sentence, later deemed unduly lenient by the Court of Appeal. The appeal court postponed re‑sentencing to allow Power to engage with probation services. On 15 March 2021, the Court of Appeal, presided over by Mr Justice George Birmingham, warned Power that a severe penalty would follow if he failed to take advantage of the opportunity offered. The court required regular urinalysis, full cooperation with probation, and attendance at all appointments. It emphasized that any prospect of leniency depends on Power's conduct and that a prison sentence is likely if he does not cooperate. The court gave him one more chance to prove his willingness to comply.
In March 2021 the Court of Appeal dismissed the appeal of a 34‑year‑old married man convicted of sexual assault. The appellant's lawyers argued that the conviction was "perverse" and that the complainant's evidence was inconsistent, but the three‑judge panel found no basis for overturning the verdict. The complainant, who had known the accused and his partner for years and had lived with them, was at a Dublin house party on 21 June 2015. She later slept in a spare room at the couple's home and claimed the accused lifted the duvet, lay beside her, and inserted his hand and finger under her skirt. He denied wrongdoing, saying he had mistakenly entered the wrong bed. A jury found him guilty in November 2018, and he was sentenced to two‑and‑a‑half years, with the final eighteen months suspended. The appeal on sentence severity remains pending.
The Court of Appeal has dismissed an appeal by an 81-year-old man against his convictions for raping his wife's sister and indecently assaulting another. The appellant, who cannot be named to protect victims' identities, argued that the passage of time prevented him from mounting a proper defence. He was convicted in 2015 of eight counts of indecent assault against his partner's youngest sister, aged 10 to 13, between 1971 and 1974. In a separate trial, he was convicted of ten counts of indecent assault and three counts of rape against another of his wife's sisters, aged 11 at the start, from 1969 to 1974. In December 2015, he was sentenced to two years for indecent assault and 13 years for rape, with the final three years of the rape sentence suspended. The sentences run concurrently. Defence counsel Michael Bowman SC argued the trial judge should have directed a not guilty verdict due to the inability to counter the complainant's assertions after such a delay. He also contended that amendments to the complainant's interview memo unfairly prevented the appellant from highlighting inconsistencies. The Director of Public Prosecutions, represented by Kerida Naidoo, countered that the delay did not prejudice the appellant and that the memo amendment corrected a garda error without causing unfairness. Mr Justice Patrick McCarthy, sitting with Mr Justice Seamus Woulfe and President Mr Justice George Birmingham, dismissed the appeal in an ex tempore judgment. The appellant had denied all accusations, which were proven by unanimous jury verdicts at the Central and Circuit Criminal Courts.
In 2021 the Court of Appeal increased the sentence of 51‑year‑old Stephen Joyce, a father of seven from Tallaght, for a 2019 mugging. Joyce had approached a woman alone at a bus stop, asked for a cigarette, then grabbed her bag and threatened her with a knife. A security guard heard the incident, confronted Joyce and called the gardai, who found him still in possession of the victim's items. CCTV identified him and he pleaded guilty to robbery at the Circuit Criminal Court, receiving a 21‑month sentence on 18 June 2020. The Court of Appeal, after hearing from the Director of Public Prosecutions, agreed the sentence was too lenient and raised it to four years, suspending the final six months for two years. The decision was made by Justice Patrick McCarthy, with Justice Aileen Donnelly and Justice Isobel Kennedy present.
David Berney, a 39‑year‑old from Tallaght, was convicted of looting a Centra store in Jobstown during Storm Emma in March 2018. He pleaded guilty and received an 18‑month suspended sentence, which the Court of Appeal later deemed unduly lenient. The court set a three‑year term but suspended the entire period, subject to conditions such as maintaining employment and engaging with probation services if he loses his job. The suspension was back‑dated to November 2019. Berney also faced a separate 2014 burglary of a private home, for which he received a two‑year sentence and an additional 18‑month suspended term, contingent on staying out of trouble and participating in addiction and reintegration services. The Director of Public Prosecutions appealed the original sentence, arguing it was too lenient. The court warned that if Berney fails to stay "on the straight and narrow," he will be sent to prison.
In 2021 a 17‑year‑old pleaded guilty to the murder of Glen "Ossie" Osborne, 20, at Ballybough House, Dublin, on 15 April 2020. The youth was sentenced to life imprisonment by Mr Justice Paul McDermott, with a review after ten years. The judge cited the defendant's early guilty plea, remorse, and rehabilitation efforts as mitigating factors, but also noted the aggravating factor of the defendant bringing a knife to the scene. Mr Justice McDermott highlighted the defendant's chaotic upbringing, behavioural issues, and lack of judgment. The Court of Appeal, hearing the appeal, was told that the sentencing judge had not fully considered mitigating factors such as the defendant's lack of prior convictions. The appeal seeks a reduction in the severity of the life sentence, arguing that the defendant's remorse and early plea should be given greater weight. The case remains pending review after the ten‑year period. The unnamed 17-year-old was found guilty.
The Court of Appeal upheld a 12‑year headline sentence for a 52‑year‑old man convicted of 22 counts of sexual abuse, oral rape, child sexual exploitation and attempted rape against his daughter aged 13‑15. The appeal court found no error in the sentencing judge's decision that attempted penetration of the vagina was more serious than oral rape, and rejected the defence's argument that the man had stopped the attempt when the victim screamed. The court also dismissed claims that the trial judge had not given enough credit for the man's alleged stopping of the attempt, and rejected a suggestion that a letter of apology for physical abuse should have been considered mitigating. The 12‑year sentence, with a six‑month suspended portion, was confirmed as within the range of penalties available for the circumstances of ongoing offending, familial violence and the man's taunts after the attempt. The appeal was lost, and the sentence remains in force.
David Berney, a convicted burglar from Tallaght, was found guilty in 2018 of looting a Centra store in Jobstown during Storm Emma. He had previously pleaded guilty to a 2014 burglary of a private home. At the Circuit Court, a two‑year sentence was imposed for the 2014 offence and an additional 18‑month term for the 2018 looting, which was suspended on the condition that he remain law‑abiding and engage with addiction and social reintegration services. The Court of Appeal, after reviewing positive probation reports, deemed the original sentence unduly lenient but chose to increase the suspended portion rather than impose further custodial time. Berney, who could not attend the appeal hearing because he was starting a plumbing apprenticeship, will receive a new sentencing date at a later time. The appeal was brought by the Director of Public Prosecutions, who argued that Berney's prior conviction and bail status warranted a harsher penalty.
In 2019, an 86‑year‑old retired doctor was convicted at the Circuit Criminal Court of 12 counts of indecent assault and one count of sexual assault, all committed during medical examinations from 1971 onward. He was sentenced to four years for one indecent assault count and 18 months for the remaining counts, with all sentences concurrent. The judge had originally suggested that the fact there were seven independent complainants was "compelling" evidence, a point the doctor's lawyers challenged in an appeal. The Court of Appeal rejected 17 grounds of appeal, including arguments that the trial judge should have ended the trial when evidence emerged that the doctor had been struck off the medical register, a civil action had been settled, and an earlier criminal trial had occurred. The court found no substance in these claims and upheld the conviction and sentence. The doctor's lawyers subsequently filed a notice of abandonment, withdrawing the appeal against the sentence. The unnamed 86-year-old pleaded not guilty.
Tomas Mikalajunas, 41, a Lithuanian national, was sentenced by the Court of Appeal to two years and nine months in prison for two burglaries and one criminal damage charge. He had originally received a suspended five‑year, six‑month sentence after a 2016 incident in which a Garda's accidental gun discharge left him with life‑changing injuries, including difficulty speaking and eating. The burglaries involved a pharmacy in Kinsale (January 2015) where €60,000 of high‑end perfumes were stolen, and a boutique in Adare (2016) where €80,000 of clothing was taken. The Court of Appeal found the original sentence unduly lenient and imposed the new term, with no portion suspended, while also imposing a concurrent two‑year sentence for criminal damage. Mikalajunas was present via video link from Lithuania. Tomas Mikalajunas pleaded guilty.
A 67‑year‑old man, described as a "man of some standing" in his community, lost an appeal against a 2017 conviction for repeated rape and sexual assault of a friend's daughter aged 12 to 14 between 1991 and 1992. The Court of Appeal dismissed the appeal, finding no unfairness in the trial judge's rulings, including the allowance of a majority verdict and late changes to the indictment dates. The jury had convicted the man on six counts of rape, three counts of sexual assault, three counts of oral rape and one count of attempted oral rape, while he was acquitted of 16 other counts. Sentencing, delivered by Ms Justice Isobel Kennedy, imposed a nine‑year term with the final 12 months suspended on conditions. The victim, who has suffered ongoing psychological trauma, was not named to protect her identity. The appeal was dismissed by Mr Justice George Birmingham, joined by Mr Justice Brian Murray and Mr Justice Patrick McCarthy.
In a 2021 Court of Appeal decision, the court upheld a trial judge's decision to allow an FBI agent and two Gardaí from the National Surveillance Unit to give evidence anonymously in an explosives conspiracy case. The case involved Thomas Bates, who had received inert hand grenades, a decommissioned Glock pistol and dummy ammunition after an FBI agent uncovered a Darknet plot. Bates was convicted of conspiracy to possess firearms, ammunition and explosives between 24 October and 10 November 2017. Judge Thomas Teehan sentenced him to seven years' imprisonment, with the final year suspended. The appeal argued that anonymity violated statutory requirements, but the Court of Appeal found no legal basis to prohibit anonymous testimony and concluded the trial was fair. The decision clarified that a judge may permit witnesses to use initials or pseudonyms without compromising the accused's right to a fair trial.
A 60‑year‑old former Garda, whose name is withheld to protect the victim, has appealed his conviction for sexually assaulting an 11‑year‑old girl and for possession of child pornography. He will be released from custody on Friday after serving a three‑year sentence. In the Court of Appeal he argued that the child‑pornography evidence should not have been tried alongside the assault charge and that the three‑year post‑release supervision was disproportionate. His counsel said the DVD was unrelated to the assault and that it had been created at least eight years earlier. The Director of Public Prosecutions countered that both offences were sexual and involved children, justifying joint trial. The court has reserved judgment.
Mr Justice Seamus Woulfe sat on a Court of Appeal panel with Mr Justice George Birmingham and Ms Justice Isobel Kennedy on 15 February 2021, the first time he had appeared as a judge since a November 2020 letter from Chief Justice Frank Clarke barred him from sitting until February 2021 due to his attendance at a golf event that breached Covid‑19 guidelines. The panel heard no cases that day; the judges were present via remote video links. Woulfe had previously complained that a meeting on 2 October 2020 with Birmingham and two other senior judges had been "upsetting and traumatic," claiming they had pre‑judged him before he could explain himself. He said the stress from that meeting caused a serious medical condition, preventing him from attending a subsequent meeting with Clarke.
The Court of Appeal has ruled that a trial judge erred in directing the acquittal of an unnamed 60-year-old woman and a younger male accused of falsely imprisoning a teenage boy on September 14, 2015. The woman faced one count of false imprisonment, while the younger accused faced two counts. Although the Director of Public Prosecutions appealed the acquittal and sought a retrial, the three-judge panel, led by Mr Justice Brian Murray, refused to order a new trial. The court determined that it would not be in the interests of justice to proceed, citing that a third trial would occur six years after the alleged incident. A key factor was the younger accused's subsequent conviction for a separate crime, which the court found would impair his ability to defend himself by introducing evidence of the alleged injured party's prior offending. Additionally, the alleged injured party's reluctance to give evidence, having previously stated he was in fear for his life, contributed to the decision. The appeal court concluded that while the trial judge was wrong to direct a not-guilty verdict before jury deliberations, the combination of these factors rendered a retrial inappropriate.
In 2015 a 16‑year‑old filmed a 12‑year‑old girl performing oral sex on him while friends photographed the act. He later threatened to send the footage to the girl's sport club if she refused to perform oral sex on a younger friend. The teenager pleaded guilty in June 2019 to two counts of defilement of a child under 15 and was sentenced to four years in prison. A Court of Appeal report noted he denied responsibility, claimed the victim consented, and engaged in a "victim blaming narrative." The appeal was dismissed; the judge upheld a headline sentence of eight years, applying a 50 % discount for his guilty plea and young age. The case involved the victim's distress and the threat to expose the footage to her sporting club. The court did not alter the sentence or add further penalties.
In a written ruling on 8 February 2021, the Court of Appeal, comprising Ms Justice Aileen Donnelly, Mr Justice John Edwards and Ms Justice Isobel Kennedy, set out a sentencing framework for witness intimidation. The court identified a low, middle and upper range of seriousness. The maximum sentence is 15 years. For the upper range, judges should consider 10 to 15 years when there is evidence of serious or ongoing harm to the victim, involvement of two or more persons, organised crime, a sustained campaign, or accompanying offences such as false imprisonment, or when there is potential for serious harm to the administration of justice. The middle range, 5 to 10 years, applies where there is evidence of planning, the offence occurs at the victim's home, work or place of study, or is accompanied by criminal damage, threats of violence, actual violence or a weapon, or where harm is caused to the victim or the criminal justice process.
Derek Lennon, aged 34, of Neagh Road, Terenure, Dublin 6, had his prison sentence increased by 18 months by the Court of Appeal after a violent assault on State witness Niall Fitzgerald. Lennon had 72 prior convictions, including robbery, arson, assault and assault causing harm. In March 2016 he was convicted of dangerous driving for a motorbike crash, banned from driving for six years and sentenced to 90 hours community service. In 2018, after Fitzgerald was called to testify again, Lennon intimidated him, threatened to kill him, and attacked him with a plank of wood, leaving a permanent scar and dental damage. Lennon pleaded guilty to two counts of intimidation, criminal damage to CCTV cameras, assault causing harm, production of a length of wood and threatening to kill. Judge Martin Nolan originally sentenced him to four and a half years.
In 2019, John McDonagh, aged 31, was jailed for a violent assault on Saurjan Syergaz in Dublin. McDonagh, who had over 80 convictions, punched and kicked Syergaz after the victim had intervened in a dispute between McDonagh and his partner, Donna Dineen. McDonagh walked away before Dineen slashed Syergaz with a knife and stole his wallet. The Court of Appeal reduced McDonagh's original three‑year sentence to two years and six months, suspending the final three months. The judges noted that McDonagh was not responsible for the stabbing, had only engaged in punching and kicking, and had retreated when the assault escalated. They also cited evidence of his rehabilitation efforts and a positive letter from a priest. Dineen, who had also been convicted, was jailed for four years for assault and robbery. The case highlights the court's consideration of culpability and rehabilitation in sentencing.
Ciaran Long, 37, of Barntown, Co. Wexford, pleaded guilty to possessing €201,000 in proceeds of criminal conduct under the Money Laundering and Terrorist Financing Act 2010. He was found to have acted as a "drugs mule," collecting money for a gang and handing it to an unnamed recipient. The original sentence was a four‑year headline with a two‑and‑a‑half‑year fully suspended term, reduced by 18 months for mitigating factors such as no prior convictions and an apology. The Court of Appeal deemed the sentence too lenient, re‑sentencing Long to a six‑year headline and a two‑and‑a‑half‑year suspended term. He must report to Wexford Garda station on 18 February to begin his jail term. The decision reflects the seriousness of the offence and the role Long played in the gang's cash handling.
The Court of Appeal has requested written submissions from the prosecution and defence on whether David O'Loughlin, 33, had the intent required for murder when he threw Liam Manley, a vulnerable homeless man with an alcohol dependency, down a 40‑ft rubbish chute. O'Loughlin was convicted of murder in 2013 and retried in 2019 after his first conviction was overturned because the jury had visited the chute and possibly thrown a stone down it. The appeal concerns whether the jury should have been discharged for visiting the chute. O'Loughlin's counsel argues the act was intended to give a "soft landing" and that the chute's blockage made it a death trap, suggesting manslaughter rather than murder. The DPP maintains that O'Loughlin was aware of the chute's danger and that his actions contributed significantly to Manley's death. The Court of Appeal has reserved judgment.
Samantha Sinnott, a 41‑year‑old midwife from Hilltown, Ballymitty, pleaded guilty in 2019 to concealing €109,890 she knew was the proceeds of crime. She moved the money from her partner's house to her own home after hearing that men had been arrested in Wexford. Sinnott admitted to emptying a safe in a concrete floor, taking the cash in two bags, and later confiding in Gardaí, claiming she believed the money belonged to her partner and that she acted to protect him. She entered an early guilty plea and cooperated with officers. The Court of Appeal upheld her 12‑month suspended sentence, finding her actions were a sudden, unpremeditated error of judgment and that she was a generally law‑abiding citizen with no prior convictions. The appeal by the Director of Public Prosecutions was dismissed, and Sinnott's subsequent High Court challenge against her dismissal from Wexford General Hospital is noted but not resolved in this article.
A 37‑year‑old man, whose identity is withheld to protect the victim, was convicted of one count of rape and two additional rape charges that were not upheld. He had previously been tried twice, with the first jury deadlocked and the second verdict overturned by the Court of Appeal. In his third trial at the Central Criminal Court in February 2019, the jury found him guilty of the single rape charge. He was sentenced on 9 May 2019 to twelve years' imprisonment, with six years of post‑release supervision. The Court of Appeal rejected his appeal, ruling that the trial judge had correctly warned the jury that evidence of the victim's distress could be strong corroboration of a rape claim. The case involved an assault that began with physical and verbal abuse, followed by the victim's escape after a fire alarm was triggered.
In February 2021 the Court of Appeal increased Bernard Joyce's sentence for possessing €911,600, the proceeds of criminal conduct, by one year. Joyce, 45, had been found with the cash concealed in a camper van in Foulksmills, Co. Wexford, wrapped in onions to avoid detection by a sniffer dog. He pleaded guilty at Wexford Circuit Criminal Court. The Court of Appeal agreed with the Director of Public Prosecutions that the original three‑year sentence was unduly lenient, citing the amount of cash, its concealment and Joyce's attempt to flee. The judges accepted the headline sentence of seven years but, after accounting for time already served, imposed an actual custodial term of four years. Joyce was ordered to report to Wexford Garda station on 19 February.
The Court of Appeal has dismissed the appeal by Deirdre Dennis, who sought to annul her bankruptcy. Ms Dennis, represented by solicitor Evan O'Dwyer, argued that the High Court erred in refusing her application, claiming she was forced into bankruptcy due to Bank of Ireland (BOI) overcharging her on mortgage repayments. BOI, which was not a party to the proceedings, later admitted it failed to provide a tracker rate when Ms Dennis was entitled to one. The bank unreservedly apologised, withdrew its claim for €115,000, and acknowledged its error contributed to Ms Dennis losing her family home in Killala, Co Mayo. Ms Dennis was discharged from bankruptcy in 2018. In the High Court, Ms Justice Teresa Pilkington ruled that the reasons for setting aside the bankruptcy were outside the court's jurisdiction. On appeal, a three-judge panel comprising Ms Justice Caroline Costello, Mr Justice Brian Murray, and Mr Justice Donald Binchy, dismissed the case. Ms Justice Costello stated that while the court has discretion to annul bankruptcy, it requires extremely compelling reasons. The court found that even allowing for BOI's overstated liabilities, Ms Dennis was clearly insolvent in October 2017. The judges rejected the argument that she could have met repayments had they been correctly calculated, noting she would not have been able to do so. The court concluded it would not be just and equitable to annul the adjudication, emphasizing the collective nature of insolvency proceedings and the implications for all creditors.
In a case heard by the Court of Appeal, Dung Tran, a 41‑year‑old Vietnamese man who had arrived in Ireland at 18 and was an Irish citizen, was sentenced to twelve years' imprisonment for possessing €480,000 worth of cannabis. The original sentence, handed down by Kilkenny Circuit Court in May 2020, had two years suspended. Tran was caught on 6 February 2019 when Gardaí stopped his black Mercedes in Rathcash, Co. Kilkenny, after it was observed overtaking at about 160 kph. Gardaí noted a strong smell of cannabis, searched the vehicle and found six black refuse sacks in the boot containing vacuum‑packed cannabis. Tran pleaded guilty, cooperated fully, had no prior convictions, and had not applied for bail. He had lost his job before Christmas 2019 and had three children. The Court of Appeal, hearing arguments from Mr Séamus Clarke SC and Mr David Humphries BL, found that the 12‑year sentence was excessive.
A garda who pleaded guilty to causing the death of a woman by dangerous driving has been jailed following a successful appeal by the Director of Public Prosecutions. Patrick McDonnell, aged 42, with an address in County Galway, was originally sentenced to two years suspended at Trim Circuit Court in June 2020 for the death of Jacqueline Wolohan on the M4 near Kinnegad, Westmeath, on 13 February 2016. The Court of Appeal found the original sentence unduly lenient and imposed two-and-a-half years imprisonment, with the final year suspended for two years. The three-judge court accepted that the trial judge had placed disproportionate weight on McDonnell's character and previous record while insufficiently regarding the speed of his vehicle, recorded at approximately 140 kilometres per hour, and his departure from the scene. Ms Wolohan, aged 51 from Dublin, was returning from Longford when struck from behind. McDonnell, an 18-year garda, is subject to summary dismissal proceedings.
In 2014 a 47‑year‑old man was convicted of eight sexual assault offences, including three oral rapes and one rape, against his partner's daughter aged six at the start of the abuse. He received a 12‑year prison sentence. The case involved uncorroborated evidence, such as text messages sent while he was in hospital after a paracetamol overdose, which he later denied. The victim, who was 17 at trial, had previously reported abuse to Gardaí with her grandmother in 2003 but withdrew the complaint. She later wrote a letter to a social worker in 2008 detailing escalating abuse that culminated in rape. At the appeal hearing, counsel argued that the trial judge's warning to the jury about the dangers of convicting on uncorroborated evidence was insufficient and that the jury may have been misled. The appeal remains pending.
An Afghani man, Akbar Jafari, aged 35, was originally given a fully suspended two‑year sentence for conspiring to produce 14 fake identity documents for family members who wanted to enter Europe. He pleaded guilty at Dublin Circuit Criminal Court between 2 and 17 January 2017. The Court of Appeal, comprising Mr Justice Patrick McCarthy, Ms Justice Isobel Kennedy and Mr Justice George Birmingham, found the original sentence unduly lenient and quashed it. They imposed a two‑year jail term with the second year suspended, conditional on Jafari entering a bond for good behaviour. He will serve one year in prison, may complete an educational course before sentencing, and must attend court on 8 June when the sentence commences. Jafari had been granted refugee status after arriving from Afghanistan in 2007.
The Court of Appeal has ruled that a €1,500 fine was too lenient for Senan O'Flaherty, a 64-year-old truck driver who pleaded guilty to careless driving causing death and careless driving causing serious bodily harm. The incident, which occurred on the N85 in March 2017, resulted in the death of three-year-old Estlin Wall and serious injuries to her father, Vincent Wall. While the trial judge had fined O'Flaherty €750 per charge and imposed a four-year driving ban, the appellate court found that the lower culpability assessment was erroneous. Ms Justice Isobel Kennedy stated that O'Flaherty's blameworthiness was at the upper end of the scale, noting witnesses observed unusual features in his driving, including crossing the median line to check for overtaking opportunities. The court upheld the €1,500 fine and the four-year driving ban. However, it imposed a 16-month custodial sentence, which was suspended in full on the condition that O'Flaherty be of good behaviour for two years. O'Flaherty entered into the bond for good behaviour and has already paid the fine. The court expressed its sympathies to the Wall family for their loss.
In a case heard by the Court of Appeal, the Director of Public Prosecutions argued that the €1,500 fine imposed on truck driver Senan O'Flaherty for careless driving that caused the death of a three‑year‑old girl should have been a prison sentence. The DPP contended that the fine sent a message that careless driving could go unpunished. O'Flaherty, who pleaded guilty to careless driving causing death and serious bodily harm, had been fined €750 for each charge and banned from driving for four years. The appeal court was urged to impose at least a suspended prison sentence to deter similar conduct. The court's judgment was scheduled for the following day. The case involved a fatal collision on 15 March 2017, when a Skoda Fabia driven by Estlin Wall lost control and collided with an oncoming vehicle, killing her and seriously injuring her father.
In 2015, Christopher McDonald, 36, was convicted of murdering Keith Walker, 36, at the Blanchardstown Pigeon Racing Club. McDonald was found wearing a black wig and a transparent latex glove, and a 9mm Makarov sub‑machine gun was recovered in a handbag near the club. CCTV showed a person pulling a gun from a handbag and firing 18 shots at Walker, who died from head and body wounds. McDonald was found guilty by a unanimous jury at the Central Criminal Court in 2017 and sentenced to life imprisonment. His lawyers now appeal to the Court of Appeal, arguing that DNA swabs were taken before he received adequate legal advice and that the jury was prejudiced by hearing McDonald's remark to the arresting sergeant. The Court of Appeal has reserved judgment. Christopher McDonald pleaded not guilty.
The Court of Appeal has ruled that an accused person has no automatic entitlement to be questioned in custody by gardai before trial. The judgment arose from a case at Longford Circuit Criminal Court involving a man charged with endangerment of pedestrians in connection with driving offences from December 2016. The trial judge had directed an acquittal, finding that the failure to interview the accused violated his right to fair procedure by forcing him to give evidence if he wished to present a defence. The Director of Public Prosecutions appealed the acquittal. President of the Court of Appeal Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Isobel Kennedy, found the trial judge was in error. The court held that while an accused may respond when charged and present his version of events at trial through cross-examination or testimony, he has no entitlement to be detained and questioned, nor to have such an account protected from challenge. The appellate court concluded the acquittal direction was incorrect in law.
The Court of Appeal has adjourned the sentencing appeal of Dessie O'Hare, a former INLA member known as "The Border Fox." Mr Justice George Birmingham agreed to the adjournment, noting there is "no particular urgency" as O'Hare's sentence is not due to expire soon. The judge stated he "wouldn't expect an early release" even if the appeal succeeded. O'Hare, of County Armagh, was jailed in 2019 by the Special Criminal Court for seven years for falsely imprisoning a family and leading a violent attack. He pleaded guilty to assaulting John Roche and falsely imprisoning Martin Byrne at Rathcoole and Saggart on June 9, 2015. The court also considered two counts of falsely imprisoning Mr Byrne's wife and son. O'Hare received three years for the assault and ten years for the false imprisonment, with the final three years suspended for life; the sentences run concurrently. The judge noted O'Hare's threat to society had not abated. A previous appeal hearing was adjourned after O'Hare dismissed his lawyers. He is currently unable to consult his legal team while in prison. O'Hare previously served 40 years for the 1987 kidnapping of Dr John O'Grady, from which he was released in 2006 under the Good Friday Agreement.
The Central Criminal Court sentenced a man to eight years in prison for the repeated rape of a girl between 2009 and 2011. The appellant, who pleaded guilty to rape, oral rape, and rape with a tampon, as well as six further similar counts, was convicted of these offences. Mr Justice Michael White described the attacks as shocking and premeditated, noting the man abused the trust of the victim's mother to gain access to the child. The sentence consists of concurrent nine-year terms for each offence, which will run consecutive to the 15-year term the man is currently serving for the rape of another child. The final year of the new sentence was suspended on the condition that the man makes himself available for assessment for the 'Better Lives' sex offenders programme. The court noted the absence of genuine remorse, despite the guilty plea saving the victim the trauma of testifying. The man had previously been convicted in 2017 of possessing child pornography found on a computer seized during a 2012 search. While the victim has requested the publication of the man's name, a Court of Appeal ruling prevents this without a specific court order. The matter was finalised with the imposition of this custodial sentence.
Liam Campbell, aged 58, who was found civilly liable for the 1998 Omagh bombing, is fighting extradition to Lithuania where he is suspected of international weapons trafficking for the Real IRA between late 2006 and early 2007. His lawyers argue that the High Court should not surrender him because Lithuanian authorities have not yet decided to charge or try him, citing section 21A of the European Arrest Warrant Act 2003 and an affidavit indicating pending evidence. The Court of Appeal, presided over by Mr Justice John Edwards, has reserved judgment. The Lithuanian EAW alleges Campbell prepared a crime, illegally possessed firearms, and engaged in terrorism, with a maximum 20‑year sentence. Campbell previously spent four years in custody in Northern Ireland during a prior extradition attempt but was released after a rights‑breach objection. The case remains at the appellate stage.