Abdur Rashid, a 51‑year‑old Bangladeshi religious teacher living in Dublin, was found guilty of molesting a six‑year‑old girl during a mosque lesson in December 2015. He was originally sentenced to 18 months' imprisonment, with the last four months suspended, by Judge Pauline Codd in November 2018. The Director of Public Prosecutions appealed, arguing the sentence was too lenient. The Court of Appeal, in a three‑judge panel, increased the term to four‑and‑a‑half years. The court held that Rashid's conduct—kissing the child in an adult manner, placing his hands under her clothing and touching her genital area—was of considerable gravity. It noted the victim's trauma, including nightmares and anxiety, and the impact on her family. The appeal court found the original judge had erred in setting a two‑year pre‑mitigation headline sentence, and set a five‑and‑a‑half‑year starting point, with a one‑year discount for mitigating factors. Abdur Rashid pleaded not guilty.
In a Court of Appeal hearing, letters sent to the Director of Public Prosecutions (DPP) on behalf of struck‑off solicitor Michael Lynn (50) alleged that the State was trying to "nail" him, calling him an "innocent man" and accusing the DPP of "robust bloodlust." Lynn, who has been extradited from Brazil after spending four‑and‑a‑half years in a Brazilian prison, faces 21 counts of theft totalling almost €30 million from seven financial institutions, including €4.1 million from Irish Nationwide and €3.6 million from Ulster Bank. His lawyers challenged assurances that time served in Brazil would be deducted from any Irish sentence, arguing the DPP's statements could impinge on the separation of powers. The Court of Appeal reserved judgment, noting the letters were "intemperate" and that the case was "moot" or "un‑stateable" according to the DPP's counsel. The appeal may affect Lynn's upcoming trial at Dublin Circuit Criminal Court.
In 2016, Stefan Saunders (41), Francis Murphy (39) and Damien Noonan (32) conspired to rob a cash‑in‑transit van in Co. Meath, planning the heist over more than two months. They pleaded guilty to conspiracy, possession of a semi‑automatic pistol and possession of a stolen BMW used as a getaway vehicle. Each received a 10‑year sentence, with 2½ years suspended, imposed by Judge Michael O'Shea in 2018. The Director of Public Prosecutions appealed, arguing the sentences were unduly lenient, citing the robbery's scale, the firearm's readiness and the gang's professional conduct. The Court of Appeal, led by Justice George Birmingham, rejected the appeal, holding the sentences were at the outer limits of the judge's discretion and therefore appropriate. No further action was taken.
A retired 86‑year‑old doctor lost an appeal against his conviction for abusing two 15‑year‑old teenage patients in the mid‑1970s. He had pleaded not guilty to eight charges of indecent assault, but a jury at Dublin Circuit Criminal Court found him guilty of indecently assaulting the two boys. The trial judge directed a not guilty verdict for one complainant and acquitted him on the remaining counts. He received two consecutive 10‑month sentences, totalling 20 months imprisonment, under Judge Cormac Quinn. The Court of Appeal upheld the conviction, noting that both victims were 15 when the doctor groped them during medical examinations. One victim described being tied to a bed, restrained with rubber bungee, and having his testicles massaged under a blanket. The second victim testified that the doctor massaged the base of his penis during follow‑up examinations for undescended testes, and the victim forced himself to ejaculate to end the assault.
In a Carlow farm case, James Kavanagh, aged 48, pleaded guilty to 30 counts of animal cruelty at his Raheenleigh property in April 2015. He was sentenced to three years' imprisonment, ordered to pay €35,000 toward ISPCA costs, and disqualified for life from any involvement with dogs or horses. His wife, Jennifer, received a wholly suspended 12‑month sentence for 30 counts of allowing animal cruelty. The Court of Appeal upheld the sentence, noting that 340 dogs and 11 horses were removed over 11 days, with 20 dogs and four horses euthanised. The premises were described as "strewn with skeletal remains" and "truly shocking," with evidence of severe neglect, cannibalism, and health problems among the animals. The appeal was dismissed, confirming the severity of the original sentence.
Sean Jackson, 27, of Doon Court, Ballymun, was jailed for biting a large portion of another man's ear off in the smoking area of Ardlea Inn, Dublin 5, after a very minor altercation on 23 August 2014. He had no memory of the incident due to intoxication and pleaded not guilty to assault causing serious harm. A jury found him guilty and Judge Martin Nolan sentenced him to five years imprisonment on 4 December 2017. Jackson had 24 prior convictions, including drug possession and public order offences. In the Court of Appeal, Justice Isobel Kennedy upheld the sentence, noting the violent and unprovoked nature of the attack and that intoxication was not a mitigating factor. The appeal was dismissed with no error found. The case remains at the five‑year imprisonment stage.
A man from Knockloughlin in County Longford has withdrawn an appeal against his sentence for distributing child sexual abuse material, following advice from his legal team. Sylvio Rose, aged 51, a German national resident in Ireland since 2006, had pleaded guilty at Longford Circuit Criminal Court to possession and distribution of child pornography involving approximately 35,000 images and 1,700 videos. He was sentenced to five years imprisonment with the final two years suspended in May 2018. Rose's application to withdraw his appeal was heard at the Court of Appeal, where the President, Mr Justice George Birmingham, noted that he had been "well advised" to do so. The court acknowledged the gravity of the offences involved. Mr Justice Birmingham sat with Mr Justice Brian McGovern and Mr Justice Patrick McCarthy in permitting the late withdrawal.
Liam Concannon, 25, of Killorglin, was convicted of assault causing serious harm after striking Darren Moriarty, 22, with a pool cue on St Patrick's Day 2014. The attack, described as vicious and unprovoked, left Moriarty with a fractured skull, lacerations, a subdural haematoma, severe headaches, contusions, ongoing migraines, distorted vision and night terrors. Concannon was sentenced to seven years' imprisonment, with the final 18 months suspended, by Judge Thomas O'Donnell on 29 May 2018. The Court of Appeal upheld the sentence, finding it fair and proportionate to the seriousness of the assault. Concannon had previously been convicted of assault, was extradited from the UK, and had claimed self‑defence, a claim rejected by the court. The appeal was dismissed by the three‑judge panel. Liam Concannon pleaded guilty.
The Court of Appeal heard an appeal by Englishman Martin Wanden regarding his 30-year sentence for his role in a €440 million cocaine haul that went awry at Dunlough Bay, West Cork, on July 2, 2007. Wanden, who pleaded not guilty, was found guilty by a jury at Cork Circuit Criminal Court and sentenced by Judge Seán Ó Donnabháin on July 23, 2008. His counsel argued he was a "bungling stevedore" rather than a "lieutenant," requesting a reduced sentence to facilitate rehabilitation. The DPP countered that Wanden was a fully committed member of the gang, noting he traveled from South Africa with the RIB and held multiple passports. The court also heard that co-accused Perry Wharrie's sentence remained at 17-and-a-half years after the Supreme Court overturned a previous reduction, while Joe Daly received 25 years. A fourth man, Gerard Hagan, pleaded guilty to possession of cocaine for sale or supply and was sentenced to 10 years. The panel, comprising Mr Justice John Edwards, Ms Justice Marie Baker, and Ms Justice Isobel Kennedy, reserved its judgment on Wanden's appeal.
In 2019, a motorist was acquitted of dangerous driving causing the death of an oncoming driver after a trial judge found insufficient evidence. The case involved the accused's car crossing 1.7 metres into the opposing lane on the N20, colliding with a deceased driver. The accused had not been drinking, speeding, or using his phone for more than half an hour before the incident, and no medical, vehicle, environmental, or loss‑of‑control factors were found. The trial judge directed an acquittal, and no alternative charge such as careless driving was considered. The Director of Public Prosecutions appealed the acquittal on a point of law under Section 23 of the Criminal Procedure Act 2010. The Court of Appeal quashed the acquittal, stating the judge had performed a personal analysis and that the jury should have assessed whether the 1.7‑metre drift constituted a dangerous act. The Court ordered a retrial.
In a case heard at Tullamore Circuit Criminal Court, Polish national Dariusz Alchimionek, aged 44, was found guilty of manslaughter and assault causing harm after a vehicle he drove collided with the Gorman brothers' car. The incident occurred on 29 December 2015 near Ballycrystal, Offaly. Alchimionek had claimed he believed the Islamic State would invade Europe and trigger a world war. Both prosecution and defence psychiatrists, employed at the Central Mental Hospital, agreed he met the criteria for not guilty by reason of insanity. The jury, after 2 hours 50 minutes, returned a 11‑1 guilty verdict on both counts. He was sentenced to nine years, with three years suspended. The Court of Appeal later quashed the verdict, describing it as "perverse" and ordered Alchimionek's commitment to the Central Mental Hospital as an inpatient. The decision was based on a recent assessment by Dr Paul O'Connell, who confirmed Alchimionek's continued need for detention.
The Court of Appeal dismissed the appeal of a 20‑year‑old man who, as a 16‑year‑old, boasted about raping a 15‑year‑old girl at a house party in Co. Wexford. He had pleaded not guilty to rape on 24 July 2014 and was tried as an adult after a two‑year delay. A jury found him guilty and he was sentenced to five years' imprisonment, with the final two years suspended. The appeal was brought by the defendant and the Director of Public Prosecutions, who argued the sentence was too severe and too lenient respectively. The Court of Appeal, led by Mr Justice George Birmingham, found significant aggravating factors, including the victim's vulnerable, drunken state and the defendant's planning and persistence. The court upheld the sentence and dismissed both appeals, noting the defendant's age and the seriousness of the offence. The decision was made on 23 October 2017.
In a case heard by the Court of Appeal on 28 February 2019, a motorist who had previously been acquitted of dangerous driving causing the death of an oncoming driver had that acquittal overturned. The man, whose identity is not disclosed, was charged five years earlier in Munster with dangerous driving causing death. The appeal centred on the fact that his vehicle crossed 1.7 metres into the opposing lane before colliding with the deceased's car on a straight stretch of the N20. The trial judge had directed the jury to acquit due to insufficient evidence, and no alternative charge such as careless driving was considered. The Director of Public Prosecutions appealed on a point of law under Section 23 of the Criminal Procedure Act 2010, arguing that the jury should have assessed whether the 1.7‑metre drift constituted a dangerous act.
Liam Walsh, a 27‑year‑old from Tallaght, was sentenced to two‑and‑a‑half years in prison for eight thefts in Dublin city centre in September and October 2017, including stealing a wallet from a pregnant woman at Supermacs and a handbag from an 87‑year‑old woman at the Shelbourne Hotel. He also pleaded guilty to an attempt to escape lawful custody at Pearse Street Garda Station. On 31 May 2018 Judge Martin Nolan imposed the original sentence. On 28 February 2019 the Court of Appeal increased Walsh's sentence to 35 months, but suspended the final five months for two years post‑release. The suspended portion will be activated if he breaches the conditions of his good‑behaviour bond and probation requirements. The court structured the sentence as eight consecutive month terms for each count, then reduced it by ten months to reach the final two‑and‑a‑half‑year term with the suspended five‑month period.
The case of Dariusz Alchimionek (44), a Polish national from Portarlington, Co Laois, has been adjourned to March 7 for mention following a ruling by the Court of Appeal. The Court of Appeal found the jury verdict of guilty on charges of manslaughter and assault causing harm to be 'perverse' and against the weight of the evidence. Alchimionek had previously been found not guilty by reason of insanity by the jury, but the verdict was overturned. Consultant psychiatrists from both the prosecution and defence agreed that Alchimionek met the criteria for not guilty by reason of insanity. The trial judge had instructed the jury to consider this option, but the jury returned a majority guilty verdict of 11-1 on both counts. Alchimionek was sentenced to nine years imprisonment with the final three suspended by Judge Keenan Johnson in October 2017. The Court of Appeal quashed the verdict and considered the possibility of a retrial or substituting the appropriate verdict. However, the court decided against a retrial, citing the public interest and the likelihood of the same outcome. Alchimionek was committed to the Central Mental Hospital for assessment, with the most recent medical report from July 2017. The matter was adjourned to March 7 for mention.
Rosemary Jones, 49, of Ballygraigue, Nenagh, was convicted of forgery and criminal damage to her landlords' property after a strained landlord‑tenant relationship in 2014. She pleaded guilty and received a two‑year sentence for forgery and a consecutive three‑year sentence for criminal damage in March 2018. The judge noted she had not paid rent for an extended period and that the forgery involved a signature on a Rent Supplement Review Form, with no financial gain. Criminal damage included damage to kitchen furniture, a door, household items, a shower, walls and skirting boards, estimated at €10,000. The Court of Appeal found the five‑year aggregate sentence excessive, re‑sentencing her to two years imprisonment with the final six months suspended, and a concurrent 12‑month sentence for forgery. She must enter a good‑behaviour bond for the suspended period and for two years after release.
In a 2019 case, the Court of Appeal quashed a jury verdict that convicted Polish driver Dariusz Alchimionek, 44, of manslaughter and assault after he allegedly caused the death of 19‑year‑old John Gorman and injured Gorman's brother Adam on 29 December 2015. The incident occurred when Alchimionek's vehicle crossed the road into the path of the brothers' car near Ballycrystal, Offaly. Both prosecution and defence psychiatrists, working at the Central Mental Hospital, agreed that Alchimionek met the criteria for not‑guilty by reason of insanity. The jury, after 2 hours 50 minutes of deliberation, returned a 11‑to‑1 guilty verdict, leading to a nine‑year sentence with a three‑year suspended portion. Alchimionek's lawyers appealed on the ground that the verdict was "perverse" and contrary to the evidence. Dariusz Alchimionek was found not guilty by reason of insanity.
The Court of Appeal re-sentenced Sean Ward, a former All Ireland boxing champion, to six years' imprisonment with the final nine months suspended, following an appeal by the Director of Public Prosecutions. Ward, who pleaded guilty to dangerous driving causing serious bodily harm to Natasha Keenan and driving without insurance in Dundalk in 2015, had previously received a six-year sentence with two years suspended. The court found his effective four-year term unduly lenient, noting he was driving while disqualified and had 68 prior convictions. President Mr Justice George Birmingham, sitting with Ms Justice Mary Irvine and Ms Justice Isobel Kennedy, stated Ward's prior record did not justify a significant suspended element. The court noted Ward initially provided a false account to gardaí, attempting to pin responsibility on the victim, and showed little empathy in his probation report. Ms Keenan suffered catastrophic injuries, including broken bones and skin grafting, and remains disabled. Ward was required to enter a good behaviour bond for the suspended period and two years post-release. Ward's own appeal against the severity of his sentence was withdrawn during the proceedings.
In a Court of Appeal decision on 13 February 2019, a 45‑year‑old man was upheld as having received a six‑year jail term for sexual abuse of a primary school pupil over a period of about six years. The man pleaded guilty to sexual assault, indecent assault and one count of oral rape of his nephew at two locations in Limerick between 1989 and 1996. The Central Criminal Court had found that the victim, aged six to 12, suffered repeated abuse while the uncle was aged 16 to 23. The victim's impact statement described the abuse as having haunted him, torn his family apart and left him feeling shunned. The original sentence of eight years, with the final two years suspended, was imposed by Justice Isobel Kennedy on 27 October 2015 and was upheld by the Court of Appeal.
In 2003, Yusuf Ali Abdi was convicted of murdering his infant son, Nathan Baraka Andrew Ali, and sentenced to life imprisonment. The conviction was based on a jury verdict that rejected his insanity defence, despite medical witnesses for the defence claiming he was a zombie and acted under voices. The prosecution's witnesses, including Dr Damien Mohan, stated Abdi was not psychotic. In 2019, the Court of Appeal quashed the conviction after a 2013 diagnosis of paranoid schizophrenia, made by a psychiatrist at the Central Mental Hospital, was deemed new evidence that could have affected the trial outcome. The appeal judge, citing the change in diagnosis and Abdi's ongoing mental illness, ruled the conviction unsafe and remanded him for a retrial. The case remains pending before the Central Criminal Court.
A 54‑year‑old Tipperary man was convicted of two counts of sexual assault and two counts of defilement of a child in 2014, after a jury found him guilty of abusing a 14‑year‑old schoolgirl in 2009 and 2010. He was sentenced to six years' imprisonment by Judge Thomas Teehan. The man appealed only on the ground that his lawyers should have been allowed to introduce text messages exchanged between the victim and a 13‑year‑old boy, which he claimed could undermine the girl's credibility. The Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal, holding that the text messages did not meet the statutory threshold for admissibility and that the defence had no other evidence of penetration. The court noted that the victim had denied any sexual relationship with the boy and that the texts were not relevant to the conviction. The appeal was dismissed, leaving the six‑year sentence in place.
Brandon Crosbie, aged 20, was sentenced to three-and-a-half years' imprisonment for a series of reckless driving offences committed on 24 April 2017 in Ballymun and Finglas. He pleaded guilty to three counts of reckless endangerment, one count of driving without insurance and more than a dozen related counts. Garda Carl McSweeney described how Crosbie drove a Hyundai at high speed toward a patrol car on Longdale Terrace, forced the officer to take evasive action, then crashed head‑on into a car, causing €400 of damage and frightening the other driver. Crosbie subsequently wove through traffic, hit a car stopped at a red light, and rear‑ended a taxi on St Margaret's Road, propelling it forward. He was arrested at the scene and expressed remorse. The Court of Appeal upheld the original sentence, noting Crosbie's 47‑count criminal record and the possibility of a higher sentence, but dismissed the appeal for an increase.
An autistic man, Alyn Maginn, 41, was caught with over €600,000 worth of heroin and cocaine in a car park at Dublin Airport. He pleaded guilty to one count of possession on 7 July 2017. Judge Martin Nolan, after noting Maginn's autism and the unclear benefit he derived from the drugs, imposed a wholly suspended five‑year sentence on 23 February 2018, deeming it unjust to jail him. Maginn had already spent seven months in custody before sentencing. The Director of Public Prosecutions appealed, claiming the sentence was unduly lenient, but the Court of Appeal, led by Justice George Birmingham, upheld the judge's decision. Birmingham highlighted the unusual circumstances, including Maginn's difficulty in interviews, his emotional state, and the fact that the drugs were ultimately claimed by a friend who received a seven‑year sentence. The appeal was dismissed, leaving the suspended sentence in place.
In a 2019 case, Polish driver Dariusz Alchimionek, aged 44, was found guilty of manslaughter and assault after a December 2015 incident in which he collided with the Gorman brothers, killing 19‑year‑old John Gorman and injuring Adam. The jury, after 2 h 50 min deliberation, returned a 11‑1 guilty verdict on both counts, despite psychiatrists agreeing he met the criteria for not guilty by reason of insanity. Alchimionek was sentenced to nine years' imprisonment, with the final three years suspended. His defence counsel appealed, arguing the verdict was "perverse" and that the jury's decision contradicted expert evidence. The Court of Appeal has reserved judgment on the appeal. The case remains at the appeal stage.
The Court of Appeal, on 22 January 2019, ruled that Galway Free Range Eggs Ltd is entitled to a permanent injunction against Hillsbrook Eggs Ltd and its directors, Kevin O'Brien and Carmel O'Brien, for passing off. The three‑judge panel overturned a 2016 High Court decision that had found the plaintiff not entitled to orders against the defendants. The appeal court held that Galway Free Range Eggs Ltd had established a substantial reputation in its brand name and that the defendants had used the name "O'Briens of Galway Free Range Eggs" in a manner that could mislead consumers. The injunction restrains the defendants from trading under that name, protecting the plaintiff's reputation and goodwill. The court also found that EU regulations requiring free‑range labeling did not justify the defendants' use of the brand name, and it rejected the High Court's dismissal of survey evidence.
A man from Ballina in County Mayo has failed in his appeal against a five-year custodial sentence for causing a fatal collision while driving under the influence of alcohol and cocaine. Declan Moran pleaded guilty at Castlebar Circuit Criminal Court to dangerous driving causing the death of Martin Wynne, a motorcyclist, on the N26 near Ballinahaglish on 8 May 2016. He also admitted leaving the scene. Moran had attempted an illegal U-turn whilst impaired and collided with Mr Wynne's motorcycle, resulting in fatal injuries. A urine sample taken hours after the incident revealed alcohol levels nearly three times the legal limit. The Court of Appeal upheld the six-year sentence, with the final year suspended, finding the culpability serious and the previous drink-driving conviction a significant aggravating factor.
The Court of Appeal has ruled that a man, Faisal Ellahi, 37, must be given convincing evidence before being granted extra time to appeal his conviction for raping a young woman with Down Syndrome. Ellahi was found guilty by a jury at the Central Criminal Court after a five‑week trial and sentenced to 13 years' imprisonment in March 2016. He admitted "sexual contact" but denied penetrative sex, claiming he was unaware of the victim's mental impairment. Ellahi lodged an appeal one year and seven months after the conviction, outside the 28‑day limit, and the Director of Public Prosecutions opposed extending the time. The Court of Appeal, presided over by Mr Justice George Birmingham, said the papers filed by Ellahi did not identify any core issue for a potential appeal and that the grounds were not adequate to justify an extension of time.
A man convicted of raping his daughter between 2006 and 2010 in County Mayo and abroad has appealed his conviction at the Court of Appeal. The 47-year-old was sentenced to 15 years imprisonment, with the final year suspended, following his conviction at the Central Criminal Court in February 2018. The appeal centres on events after the trial, when the victim visited her father in prison and subsequently sent a Facebook message to his relatives indicating willingness to sign an affidavit and withdraw charges. Defence counsel argued the prison visit undermined her trial evidence that she was in grave danger from him, and claimed she had recanted her testimony. The victim told the court she was manipulated by her father's relatives, who pressured her by stating he was starving himself and would die, placing responsibility on her shoulders. She clarified in a sworn affidavit that she had not recanted her allegations. The Director of Public Prosecutions' counsel argued the victim, a vulnerable person in State care, had been subjected to invidious manipulation. The unnamed 47-year-old pleaded not guilty.
The Court of Appeal held that the privilege preventing a spouse from testifying against their partner applies only to married couples, not to civil partnerships or other relationships. The case arose from a Circuit Court decision that two women, who were in ongoing relationships but not married to the accused men, could not be compelled to give evidence under section 16 of the Criminal Justice Act 2006. The men, charged with attempting to pervert the course of justice in 2012, were acquitted by the trial judge, who cited the "changing landscape" and the recognition of non‑marital relationships in law. The Director of Public Prosecutions appealed the acquittals, but the appeal was moved "without prejudice" on a point of law. The Court of Appeal confirmed that the term "spouse" in the Criminal Evidence Act 1992 refers only to a married spouse, and that extending the privilege to other relationships is a legislative, not judicial, matter.
Patrick Lynch, 38, was found guilty of assaulting his partner and abducting her two‑year‑old son on 7 November 2016. He was originally sentenced to two years' imprisonment with six months suspended. The Director of Public Prosecutions applied for a review, arguing the sentence was unduly lenient. The Court of Appeal, in a three‑judge panel, increased the sentence to three years' imprisonment with nine months suspended. Lynch had spent much of the day drinking outside a dwelling while his partner and the infant were inside. He attacked the partner with a brush handle, punched her in the face, rammed a toilet door with his shoulder and assaulted her while she sat on the toilet. He later drove away with the infant, who was handed over to Gardaí at or near Naas Courthouse. Lynch has 148 previous convictions, including violent disorder, burglary and robbery, and more than 100 road‑traffic convictions. Patrick Lynch pleaded not guilty.
A County Mayo man convicted of raping his daughter between 2006 and 2010 when she was aged seven to eleven has had his case heard in the Court of Appeal. The 47-year-old was sentenced to fifteen years imprisonment, with the final year suspended, following his conviction in the Central Criminal Court last February. During proceedings this week, the victim gave evidence via video link that she was manipulated by her father's relatives into visiting him at the Midlands Prison shortly after trial. She stated she had been told her father was starving himself and dying, though she later said she was confused about her reasons for the visit. The man denied attempting to influence his daughter and maintained he wished to see her welfare. The Court of Appeal hearing continues later this month before Mr Justice John Edwards, Ms Justice Máire Whelan and Mr Justice Patrick McCarthy. The unnamed 47-year-old pleaded not guilty.
Paula Farrell, 44, mother of three, was charged with murdering her partner Wayne McQuillan, 30, and had been sentenced to life imprisonment after a jury found her guilty. She had pleaded not guilty at her home on 1 January 2014. The Court of Appeal quashed her conviction earlier this year and ordered a retrial, but she did not apply for bail and remained in custody. On 21 December 2018 she applied to the Central Criminal Court for compassionate bail to spend Christmas with her family. Her barrister, Edward Doocey BL, presented a sworn affidavit to Mr Justice Michael White, noting that she had been on bail until her conviction in July 2015 and had complied with all conditions.
The Court of Appeal has adjourned the matter, reserving its judgment on an appeal by the Director of Public Prosecutions (DPP) against the sentence imposed on Michael Cummins. Cummins, a 32-year-old man from Swords with 230 previous convictions, pleaded guilty to stealing an iPhone, making a threat to kill, burglary, false imprisonment, and assault in Swords on August 9, 2017. He was sentenced to two years' imprisonment by Judge Martin Nolan on February 27, 2018. The DPP is seeking a review of this sentence on the grounds that it was "unduly lenient." During the appeal hearing, counsel for the DPP, Maurice Coffey BL, highlighted the "bizarreness" of the incident and questioned how aggravating and mitigating factors were balanced, noting that the sentencing judge had not indicated a headline sentence. The three-judge panel, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, heard the arguments and reserved its judgment. Consequently, the matter was adjourned, and Cummins must wait to hear whether his two-year jail term will be increased.
An autistic man, Alyn Maginn, 41, pleaded guilty to possessing over €600,000 worth of heroin and cocaine at Dublin Airport on 7 July 2017. He was found in a car park, having arrived from Malaga, Spain, and was arrested after a customs officer searched his vehicle. The drugs, valued at €591,752 for heroin and €16,833 for cocaine, were seized. Maginn had not imported the drugs; they were already in the car. A co‑accused, Martin Gilroy, 34, owned the drugs and received a seven‑year sentence. Judge Martin Nolan, on 23 February 2018, imposed a wholly suspended five‑year sentence on Maginn, citing his autism, borderline cognitive ability and the claim that he was manipulated by Gilroy. The Director of Public Prosecutions is seeking a review, arguing the sentence was unduly lenient, while the Court of Appeal has reserved its judgement. The case remains at the appeal stage.
In a Court of Appeal hearing, lawyers argued that the protection preventing a person from testifying against a spouse should extend beyond the 1992 definition of "nuclear family." The case arose from a Circuit Court decision that two women, who were in ongoing relationships but not married to the accused men, could not be compelled to give evidence under the Criminal Justice Act 2006. The men, each charged with attempting to pervert the course of justice in 2012, had been acquitted by the trial judge. The appeal, originally moved with prejudice, was advanced without prejudice after the men married their partners. The Court of Appeal noted that spousal protection should apply to ongoing relationships, but the judge's ruling was not yet final. The case remains pending for a potential retrial.
Luke Foran, aged 21, pleaded guilty to burglary, criminal damage, vehicle theft and theft offences between March and May 2017. He entered a family‑owned garage in Fairview on 12 March 2017, ransacked the premises, set off a fire extinguisher, stole a BMW, damaged other cars and the garage's electronic shutters, crashed the BMW into a pole, stole a Hyundai and set it on fire at Dublin Port. The garage suffered €20,300 in damage. In May 2017 he ransacked an 81‑year‑old woman's home, stole her purse and €150, withdrew €1,480 from her account, and caused damage to her window and door. Foran had 33 prior convictions. The Court of Appeal increased his sentence to five years' imprisonment, with the final 12 months suspended, citing the severity of the offences and his extensive criminal record. The sentence was reduced by a year for his early guilty plea, youth and engagement with rehabilitation services.
Lawyers for Henry Alinta, 44, who was found guilty of money laundering under Section 7.1 of the Criminal Justice Money Laundering and Terrorism Financing Act 2010, have asked the Court of Appeal for guidance on how the complex legislation should be explained to juries. Alinta was convicted by a jury at Trim Circuit Criminal Court after 27 minutes of deliberation and sentenced to four years' imprisonment, with the final 18 months suspended by Judge Michael O'Shea. He was released early from serving his sentence. Alinta is appealing on the grounds that the trial judge allegedly confused the jury on the presumption of innocence and the burden of proof, and that the verdict was perverse given the dense, difficult language of the legislation. His barrister, Pauline Walley SC, argued that the judge failed to bridge the distinction between the burden of proof and the shifting presumptions, and that the legislation is widely drafted and complex. Henry Alinta pleaded not guilty.
Two individuals were acquitted in Louth Circuit Criminal Court after their lawyers argued that the search warrant used to investigate a "diesel laundering factory" was invalid, leading to exclusion of all evidence obtained under that warrant. The trial judge's ruling resulted in their acquittals. The Director of Public Prosecutions has now appealed the acquittals on a point of law, claiming that the Circuit Court judge incorrectly excluded evidence of paraphernalia linked to diesel laundering. The DPP argues the warrant was issued on misleading information and that the judge failed to properly assess the credibility of the source. The acquitted parties' counsel maintains there was insufficient evidence and that the warrant was based on confirmation bias. The Court of Appeal will decide whether to quash the acquittals and order a retrial.
In a 2018 Court of Appeal decision, the court found that a District Court judge had erred in dismissing charges against James Kelly, a Dublin protestor, for obstructing a flatbed truck operated by an Irish Water contractor on York Road, Dun Laoghaire, on 18 May 2015. Kelly was charged under Section 9 of the Criminal Justice (Public Order) Act 1994 for preventing or interrupting the free passage of the vehicle without lawful authority or reasonable excuse, and under Section 8 for failing to comply with a Garda direction. The District Court judge, Anne Watkin, dismissed both charges, citing uncertainty about the presence of lawful authority or reasonable excuse and the sergeant's reasonable suspicion. The Court of Appeal, led by Mr Justice George Birmingham, held that the evidence clearly showed deliberate blocking of the truck's free passage without lawful authority or reasonable excuse, and that the judge's dismissal was incorrect.
In a Special Criminal Court case, Dublin men Conor Hughes (41) and Darren Fox (28) pleaded guilty to unlawful possession of a Winchester 12‑gauge, sawn‑off, double‑barrel shotgun and two 12‑gauge cartridges. The weapons were seized on 31 October 2015 in a stolen car in Limerick, where a loaded shotgun, a jerry can of petrol and matches were found. The men were wearing gloves and hoodies, and the shotgun's serial number had been removed. Both had clean criminal records. The court sentenced them to seven years' imprisonment on 2 October 2017, a sentence upheld by the Court of Appeal on 4 December 2018. The appeal was dismissed, with the Court of Appeal noting the seriousness of a sawn‑off shotgun, its readiness to fire, and the connection to IRA activity as factors justifying the sentence.
Seán Garvey, aged 52, of Hartland's Avenue, The Lough, was found guilty of sexually assaulting a 10‑year‑old girl at a Cork house on 6 February 2016. He pleaded not guilty but was convicted by a jury and sentenced on 1 June 2017 to seven years' imprisonment, with the final two years suspended. The victim, who is not related to Garvey, was awakened around 3 a.m. when he lifted her from bed, dragged her downstairs by the wrist, and touched her vagina and chest while attempting to remove her clothes. She managed to kick him, escape, and alert an adult. Garvey's appeal against the sentence was dismissed by the Court of Appeal, which found no error in principle. The judge noted Garvey's good work record, medical stress and anxiety, and prior unrelated convictions, but emphasised the seriousness of the offence and its impact on the victim and her family. The appeal was therefore dismissed.
In a case watched by the Polish Embassy in Dublin, Polish national Dariusz Alchimionek, aged 44, was found guilty of manslaughter and assault causing harm to Adam Gorman, the brother of 19‑year‑old John Gorman, after a vehicle he drove collided with their car on 29 December 2015. The incident occurred while the brothers were returning from Tullamore. Alchimionek claimed he believed the Islamic State would invade Europe and trigger a world war. Consultant psychiatrists for both sides agreed he met the criteria for not guilty by reason of insanity, yet the jury, after 2 hours 50 minutes of deliberation, returned a 11‑1 guilty verdict on both counts. He was sentenced to nine years' imprisonment, with the final three years suspended. Alchimionek has appealed, arguing the verdict was "perverse" and seeking treatment in the Central Mental Hospital. The Court of Appeal has scheduled a hearing for 24 January, with the Polish Embassy observing the proceedings.
In November 2018 the Court of Appeal heard an appeal by the Director of Public Prosecutions (DPP) against the acquittal of a motorist charged with dangerous driving causing the death of another driver in Munster in 2014. The case centred on the accused's car crossing 1.7 metres into the oncoming lane before colliding with the deceased's vehicle. The accused had not been drinking, speeding or using his mobile phone in the 42 minutes before the incident, and no medical, vehicle or environmental factors were found to have contributed. The trial judge had directed the jury to acquit on the basis of insufficient evidence for the charge of dangerous driving causing death, and no alternative charge such as careless driving was considered.
Tiarnan O'Mahoney, 58, former Chief Operations Officer of Anglo Irish Bank, is seeking legal costs for his original 2015 trial and the retrial that led to his acquittal. In 2015 he was found guilty of furnishing false information and conspiring to defraud the Revenue and delete accounts linked to former CEO Seán Fitzpatrick. He successfully appealed in March 2016, arguing that many documents were wrongly admitted and that the false‑information charge was outside the ten‑year limitation. The Court of Appeal ordered a retrial, which Judge Martin Nolan directed to acquit O'Mahoney on all charges. The Court of Appeal had awarded costs for the successful appeal, but the issue now is whether O'Mahoney is entitled to costs for the original trial and retrial. The matter will be heard by Judge Martin Nolan next Monday. The case also involved former company secretary Bernard Daly, who was acquitted, and assistant manager Aoife Maguire, whose conviction remains.
In a Dublin case, Afghan national Muhammed Tajik, aged 28, pleaded guilty to assault causing harm after attacking his pregnant wife, Susan Wombsley, on 8 December 2015. Tajik allegedly grabbed Wombsley's neck from behind, punching her in the head and face until she passed out, causing a broken jaw on both sides. The Court of Appeal upheld a three‑year prison sentence imposed by Mr Justice Patrick McCarthy, finding no error in principle. The appeal was dismissed by a three‑judge panel, including Mr Justice John Edwards, who noted that the couple had married in Turkey, moved to Dublin, and faced financial difficulties. Wombsley had recently secured employment, which was cited as a source of dispute. Tajik sent apologetic messages after the assault but denied responsibility until presented with them. The court rejected arguments that his new relationship or church involvement mitigated the offence. The sentence remains in force.
A man convicted in February of sexually assaulting and raping his daughter in County Mayo between 2006 and 2010 has brought a motion before the Court of Appeal seeking to adduce new evidence. The Central Criminal Court had sentenced the 47-year-old to fifteen years imprisonment, with the final year suspended, after finding him guilty of multiple offences committed when the complainant was aged seven to eleven. At the Court of Appeal hearing, the accused's counsel submitted that the victim subsequently recanted her evidence, allegedly admitting she had told lies during trial. Evidence was heard from the man's former solicitor corroborating claims of such an admission. The victim was scheduled to give evidence via video link but had left the jurisdiction and would not be available for cross-examination. The three-judge court ordered her evidence to be heard on 11 January next. The defence challenged the trial judge's conduct, contending that the complainant received unfair preferential treatment. The hearing resumes before Mr Justice John Edwards, Ms Justice Máire Whelan and Mr Justice Patrick McCarthy. The unnamed 47-year-old pleaded not guilty.
The Court of Appeal has refused an application by an unnamed 45-year-old man for an extension of time to appeal his sentence. The defendant, whose identity is protected to preserve victim anonymity, pleaded guilty at the Central Criminal Court to representative counts of rape, sexual assault, and anal rape committed between 1989 and 2001. He was sentenced to consecutive terms totalling 14 years on November 11, 2016, for abusing three young relatives. His counsel, Roderick O'Hanlon SC, argued the client intended to appeal within the 28-day window but was overwhelmed by the sentencing process and incarceration. However, the application was lodged in March 2018, approximately 16 months late. President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Máire Whelan, rejected the request. The court held that the victims were entitled to closure and that reopening the case so long after the fact would deny them the ability to move forward. The judges noted that no discrete grounds of appeal were identified beyond a formulaic claim that the sentence was severe. The panel emphasized the public interest in finality and the necessity of allowing victims to put the matters behind them, thereby refusing the extension of time.
Kevin Carroll, a drama teacher from Birr, Co Offaly, withdrew his appeal against the severity of his sentence after the Court of Appeal warned it had the power to increase his term. Carroll, 58, had pleaded not guilty to two categories of raping a girl aged between six and eight at an Offaly school between 1996 and 1998. He was found guilty on both counts by a jury at the Central Criminal Court and sentenced to 10 years imprisonment by Ms Justice Margaret Heneghan on February 26, 2016. Carroll previously lost an appeal against his conviction in July. During today's proceedings, President of the Court of Appeal Mr Justice George Birmingham told Carroll's lawyers that the court possessed its "full range of powers." Later that morning, Carroll's barrister, Roderick O'Hanlon SC, informed the court that the appeal against the sentence was being withdrawn. The three-judge panel, which included Mr Justice John Hedigan and Ms Justice Marie Baker, had earlier dismissed Carroll's unsuccessful appeal against his conviction. In that decision, the court rejected the defence argument that a juror's facial expression constituted improper communication, stating that such reactions are part of the human element of jury trials and did not interfere with the process. The court found the trial satisfactory and the verdict safe.
Eddie Barnaville, a former kickboxing champion, has lost his appeal against the severity of his sentence for two robberies committed within 24 hours of each other in Thurles in January 2016. Barnaville pleaded guilty to the offences, which involved violently assaulting victims on Liberty Square and Kickham Street. At Nenagh Circuit Criminal Court on April 28, 2017, Judge Thomas Teehan imposed consecutive five-year sentences, totalling 10 years, with the final four years suspended. The Court of Appeal, presided over by Mr Justice John Edwards alongside President Mr Justice George Birmingham and Mr Justice Patrick McCarthy, dismissed the appeal. The court held that the sentencing judge correctly assessed the gravity of the offences, noting the victims were in vulnerable, semi-conscious states when subjected to extreme violence. Mr Justice Edwards described the sentencing approach as "impeccable" and the four-year discount for mitigation as adequate and generous. The court rejected the argument that the gravity was over-assessed, emphasizing that Barnaville's culpability was significant due to his prior convictions and the gratuitous nature of the attacks. The appeal was dismissed, upholding the original sentence.
The Court of Appeal has dismissed an appeal by Eugene Costello against 2017 High Court injunctions that restrain him from placing animals on lands in Coolfree, Taughmaconnell, Ballinasloe, Co Roscommon. The three-judge panel, comprising Mr Justice Michael Peart, Ms Justice Mary Irvine, and Ms Justice Marie Whelan, upheld the orders granted by Mr Justice Michael Twomey. The appeal also failed regarding the High Court's dismissal of Costello's application to strike out proceedings brought by applicant Carlisle Mortgages. Carlisle Mortgages claims approximately €1.4m remains outstanding on a 2004 loan of €440,000 secured by the land, which it seeks to sell following a 2006 possession order. Costello has alleged the transaction was fraudulent, a claim Carlisle denies. The court rejected Costello's argument that Carlisle needed to renew its execution order of possession before seeking the injunction, noting that Carlisle obtained possession in 2014 after Costello purged a prior contempt. The judges stated that any subsequent adverse action by Costello constituted trespass. Costello has been jailed three separate times for contempt of High Court orders directing him to remove livestock from the lands. Most recently, Mr Justice Twomey jailed him for three weeks for failing to comply with the 2017 injunction, following a one-week jail sentence in January of this year for similar non-compliance. He was also jailed in 2014 for breaching undertakings to remove livestock, from which he was released after purging his contempt.