Kathleen Stokes, 43, of St Anthony's Park, Knocknaheeny, Cork, was sentenced to three years' imprisonment for possessing a stolen safe near Faggot Hill, Clogheen, in April 2017. She was arrested with two children, one of whom was her son, an aggravating factor. At sentencing, her husband was also serving a prison term. Stokes had 32 prior convictions, including burglary and theft. Her appeal was dismissed by the Court of Appeal, which upheld the three‑year sentence. The court noted that the trial judge's remarks on a Healthy Minds report were "quite disparaging" and that the judge's handling of submissions was "not engaging as he should have done." The Court of Appeal found the sentence proportionate to the seriousness of the offence and Stokes' poor record. The decision was made by a three‑judge panel, including Mr Justice Brian McGovern. Kathleen Stokes pleaded not guilty.
In a 2011 burglary at Botanic Avenue, a 22‑year‑old ringleader forced a student to be taken to an ATM, threatening the student's girlfriend with rape if the student did not comply. The offender, who pleaded guilty to aggravated burglary, robbery and false imprisonment, was sentenced to six years' detention in 2012. In 2015 the Court of Appeal suspended the final 12 months of that sentence, but in 2018 the Court reactivated 10½ months of the suspended portion, extending the offender's custodial period. The decision was based on the offender's lack of cooperation with probation and the need for rehabilitation, as the Court noted the offender's youth and prior convictions. The reactivation was a response to the Probation Service's application and the Court's assessment of the offender's continued risk. The case remains a matter of ongoing custodial sentencing.
Joseph Anderson, 71, who worked for the 1990s anti‑drugs newsletter "The Shrew", had his 2016 conviction for 12 counts of sexual assault and one count of oral rape of a boy aged 12‑15 between August 1992 and May 1995 upheld by the Court of Appeal on 26 October 2018. Anderson, who had no prior convictions, was found guilty by a jury at the Central Criminal Court and sentenced to six years' imprisonment by Mr Justice Paul Butler. He appealed the conviction and the sentence, arguing that the victim's repeated return to his house contradicted the abuse claim. The Court of Appeal, with Mr Justice Patrick McCarthy, dismissed both appeals, stating the trial was satisfactory and the conviction safe. The court also rejected the Director of Public Prosecutions' request for a review of the sentence on grounds of undue leniency. The unnamed man pleaded not guilty.
The Court of Appeal has dismissed the appeal of Wayne Kinsella, upholding his conviction for the murder of Adil Essalhi. Kinsella, who pleaded not guilty, was unanimously found guilty by a Central Criminal Court jury and sentenced to life by Mr Justice Garrett Sheehan on May 21, 2012. The prosecution alleged that Essalhi, whose body was found in Tyrrelstown in 2011, was assaulted with a machete and knife after the Kinsellas believed he was involved in the death of Wayne's brother, an allegation the court noted was false. While Michael Kinsella was jailed for 15 years for manslaughter in 2016, Wayne Kinsella's appeal argued that the trial judge erred regarding witness credibility and the identity of a confidential informant. President Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Mr Justice Patrick McCarthy, rejected these grounds. The court highlighted the "very considerable" probative value of CCTV footage showing the Kinsellas leaving with Essalhi and returning without him. The judges concluded that the trial judge adequately addressed witness creditworthiness and that the prosecution case was "particularly strong." Consequently, the appeal was dismissed, and the mandatory life sentence remains in effect.
In a case that unfolded over several years, Tadhg Butler, aged 37, pleaded guilty in July 2018 to unlawfully killing his nephew's friend, Michael O'Dwyer, who was 25 when he died on 10 January 2014. Butler's admission came after a series of trials that began in April 2015, where a jury was discharged, a second jury found him guilty of murder and imposed a mandatory life sentence, and a third trial ended with a hung jury. The Court of Appeal overturned the life sentence, and the State accepted a plea of guilty to manslaughter. Mr Justice Michael White, hearing the case in October 2018, set a headline sentence of 12 to 14 years, taking into account aggravating factors such as the violent and tragic circumstances of O'Dwyer's death and Butler's criminal history, and mitigating factors including Butler's remorse and lack of intent to cause serious injury. The judge backdated the sentence to the date Butler entered custody.
Patrick Harty, aged 21, was re‑sentenced to six‑and‑a‑half years' imprisonment after the Court of Appeal found his original three‑year term too lenient. The new sentence, with the final two‑and‑a‑half years suspended, imposes a net four‑year jail term. Harty had pleaded guilty to assault causing serious harm at a New Year's Eve house party in 2014, during which he smashed a bottle and thrust it into a 19‑year‑old's face, causing the victim to lose the use of one eye. He also pleaded guilty to an unprovoked assault on a man in Dungarvan on 1 September 2015. The Court of Appeal, led by Mr Justice George Birmingham, noted that the two assaults were separate incidents and that the original concurrent sentencing was overly lenient.
The Court of Appeal has adjourned the appeal of Dariusz Alchimionek, a Polish national convicted of manslaughter and assault causing harm in 2015. Alchimionek, who was sentenced to nine years' imprisonment with the final three years suspended by Judge Keenan Johnson in October 2017, challenges his conviction on the ground that the jury's verdict was perverse. The case presents a procedural difficulty for the Director of Public Prosecutions, as both prosecution and defence psychiatrists agreed Alchimionek met the criteria for a finding of not guilty by reason of insanity. Despite this, the jury returned majority guilty verdicts. Counsel for the DPP, Michael Delaney SC, stated the Director is conducting further enquiries and seeking a new psychiatric opinion, which will take several weeks. Defence counsel Kenneth Fogarty SC noted the charged atmosphere in the Circuit Court and Alchimionek's preference for detention in the Central Mental Hospital over Wheatfield Prison. President Mr Justice George Birmingham, sitting with Ms Justice Máire Whelan and Mr Justice Patrick McCarthy, put the matter back for case management on November 30. The court indicated it would attempt to secure an early hearing date if necessary, though this may not be possible. The matter remains adjourned and is not concluded.
Patrick Harty, aged 21, pleaded guilty to assault causing serious harm at a house party on New Year's Eve 2014 and to an unprovoked assault on a man in Waterford on 1 September 2015. He was sentenced on 28 October 2016 to four-and-a-half years' imprisonment, with the final 18 months suspended, and a concurrent 12‑month jail term for the second assault. No compensation order was made. The Director of Public Prosecutions, citing the attack's viciousness and the fact that Harty broke a bottle to use it as a weapon, seeks a review of the sentence on the grounds it was "unduly lenient." The Court of Appeal has reserved judgment and will deliver it on Monday. Counsel for Harty argues the sentence was lenient but not unduly so, noting his youth, remorse and difficult upbringing. The appeal will consider whether the judge's mitigation, suspension and concurrent sentencing were in error.
Brian Rattigan, aged 37, remains in custody after the Court of Appeal dismissed his appeal against a conviction for directing the supply of drugs from prison. He had pleaded not guilty in the Special Criminal Court to possession of heroin and two counts of possession of the drug for sale or supply on Hughes Road South, Walkinstown, Dublin 12, on 21 May 2008. The court found him the director of a drugs gang that conducted a €1 million heroin deal and sentenced him to 17 years in prison, backdated to June 2008. Rattigan appealed on eight grounds, including alleged errors in search warrants, admission of evidence and the value and purity of the drugs. The appeal was dismissed by a three‑judge panel, who upheld the trial court's findings and the conviction as safe. The decision was delivered by Mr Justice John Edwards, with Mr Justice John Hedigan and Mr Justice Brian McGovern.
The Court of Appeal has substantially increased prison sentences imposed on two men convicted of setting fire to a vehicle containing a bound and gagged prisoner in the boot. Polish nationals Kamil Lacki and Krzysztof Niepogoda, with addresses in Co Carlow, had pleaded guilty at Carlow Circuit Criminal Court to arson, false imprisonment, assault, criminal damage and cannabis cultivation at various locations in late December 2015. The Circuit Court imposed six years imprisonment with the final year suspended. On appeal by the Director of Public Prosecutions, the three-judge court described the offence as akin to attempted murder and "unbelievable". The appellate judges found the original headline sentences significantly too low. Lacki was resentenced to nine years imprisonment, while Niepogoda received ten years, with an additional consecutive twelve-month term for a subsequent assault on the same victim. The court noted the victim's escape was possible only because duct tape had been removed to allow questioning.
Jarlath Higgins, 48, of Caraban, Ravensdale, Dundalk, pleaded guilty to dangerous driving and criminal damage after accelerating through a Garda checkpoint near the Táin Bridge on 18 November 2015. He had alcohol on board but was not charged with drink driving. Higgins' Renault Megane violently fishtailed, injuring a Garda and causing €7,500 worth of damage to two patrol cars. Judge Michael O'Shea imposed wholly suspended sentences of two years and five months and a three‑year driving disqualification on 4 May 2017. The Director of Public Prosecutions appealed, but the Court of Appeal, led by Mr Justice John Edwards, dismissed the appeal, citing Higgins' mitigating factors, low re‑offending risk, and lack of prior convictions. The suspended sentence remained, with no custodial time imposed.
Joseph Anderson, a former contributor to the anti‑drugs newsletter The Shrew, is awaiting the result of an appeal against his conviction and sentence for sexual offences committed between August 1992 and May 1995. He was 71 at the time of the appeal, lives in Powers Court, Mount St. Lower, Dublin, and had pleaded not guilty to twelve counts of sexual assault and one count of oral rape involving a boy aged 12 to 15. A jury at the Central Criminal Court found him guilty and he was sentenced to six years' imprisonment on 28 July 2016. Anderson's barrister, Patrick Gageby SC, argued that the boy's repeated visits to Anderson's home were not a legal consent and that the trial judge had misdirected the jury. The Director of Public Prosecutions, Bernard Condon SC, contended the sentence was unduly lenient and should have been higher.
The Court of Appeal ruled that it could not alter the sentence of a 20‑year‑old who had been sentenced as a minor to one year's detention in a children's centre for serious offences, because a "legal lacuna" in the Criminal Justice Act 1993 prevents re‑sentencing when the offender is no longer a child. The case involved a 17‑year‑old who crashed a stolen car into the Liffey, was chased by Gardaí, later assaulted an elderly man and stole his car. He was sentenced at Dublin Circuit Criminal Court to one year's detention, but the Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal agreed the sentence was too light but found no legal means to re‑sentence him, citing that the 1993 Act's provisions could only apply to a child.
Carl Freeman, aged 23, pleaded guilty to aggravated burglary at the home of Mr William Crean (72) and Mrs Kathleen Crean (65) in a rural area outside Ashford Village, Co Wicklow, on 12 March 2015. He was originally sentenced to seven years' imprisonment, with the final three years suspended, by Judge Michael O'Shea on 26 July 2017. The Court of Appeal, following an appeal by the Director of Public Prosecutions, found the sentence too lenient and re‑sentenced him to ten years' imprisonment, with the final four years suspended. The decision was made by a three‑judge panel headed by Mr Justice John Edwards. The case involved a violent burglary in which the intruders used hurls, assaulted Mr Crean, threatened Mrs Crean, and stole approximately €150 in cash, a landline, and Mr Crean's mobile phone.
In 2018 the Court of Appeal upheld the conviction of O'Reilly Commercials Limited for breaching health and safety laws during a test of a school bus that later crashed in 2006, killing 15‑year‑old Michael White. The bus, a Mercedes originally registered in the UK, had a rear suspension that had been modified in 1991 and was not properly noted during the 2005 test. The company pleaded not guilty to four charges under the Safety Health and Welfare at Work Act 1989, but a jury found it guilty of failing to identify the modified suspension. The firm was fined €25,000 and the appeal was dismissed by a three‑judge panel, confirming the original verdict as safe and satisfactory. The case highlighted the importance of accurate testing records for vehicle safety.
In 2018 the Court of Appeal upheld the eight life sentences imposed on a 49‑year‑old Wexford man for raping a 60‑year‑old mother and her daughter in Dublin between 2 and 5 July 2015. The man pleaded guilty to rape, false imprisonment, attempted rape, aggravated burglary, threats to kill and aggravated sexual assault. He had previously been convicted of repeatedly raping his daughter between 2000 and 2004. The sentences were concurrent and the Court of Appeal found the offences "wholly exceptional" and "appropriate" for life imprisonment. The judge noted the mother's vulnerability, the prolonged nature of the assault, the use of a knife, restraints, threats, and the fact that the daughter heard the rape on a voicemail. The appeal was dismissed, with the Court affirming the life terms as justified by the severity and violence of the crimes. The defendant's guilty plea was deemed insufficient to reduce the sentences.
James Cronin, aged 35, was jailed for two years by the Court of Appeal after breaching the conditions of a suspended sentence by drinking alcohol. Cronin had previously been sentenced to seven years in 2007 for attempting to rape a girl he met at a Killarney disco on Christmas Eve 2004, and was already serving an eight‑year sentence for kidnapping and raping another woman he met at a Killarney disco on 31 October 2004. The Court of Criminal Appeal had varied his Christmas Eve sentence to ten years, suspending the final five years on the condition that he comply with probation services and abstain from alcohol. The probation service reported that Cronin had consumed alcohol to an excessive degree on several occasions, undermining his medication and the terms of his release. The Court of Appeal, hearing the matter, activated two of the five suspended years, requiring Cronin to serve two years in jail.
Jarlath Higgins, 48, of Caraban, Ravensdale, Dundalk, pleaded guilty to dangerous driving and criminal damage after speeding through a Garda checkpoint near Táin Bridge on 18 November 2015. He accelerated when signalled to stop, causing a collision that severely injured a Garda and damaged two patrol cars worth €7,500. Higgins had alcohol on board but was not charged with drink driving. Judge Michael O'Shea imposed a wholly suspended sentence of two years and five months, plus a three‑year driving disqualification, on 4 May 2017. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient due to the speeding, alcohol, and opportunity to stop earlier. A three‑judge Court of Appeal dismissed the appeal, concluding the sentence was not unduly lenient, and the court will issue reasons on the following Wednesday.
In a €3.3 million lotto dispute, the Court of Appeal was informed that the matter between Mrs Mary Walsh (67) and her stepson David Walsh (53) had been resolved. The appeal, represented by Dervla Brown SC, confirmed that the High Court's decision to award David a one‑sixth share of the winning ticket and to order Mrs Walsh to pay €560,000 plus legal costs would be vacated, except for the dismissal of the defendant's counterclaim. No costs order would be made, and the plaintiff's High Court claim would be struck out. The settlement terms were not disclosed, as they are confidential. The case had originally involved a claim that David was entitled to his share because his signature was on the back of the ticket, while Mrs Walsh had argued that the ticket belonged to her. The Court of Appeal accepted the settlement and closed the appeal.
The Court of Appeal upheld a joint trial for Seán Davy (24), Matthew Cummins (24) and James Davy (27) who were convicted of murdering 64‑year‑old Thomas 'Toddy' Dooley in his Edenderry home on 12 February 2014. The men broke into the house and beat Dooley with a baseball bat, delivering eight blows to his head. Each defendant gave conflicting accounts: Cummins claimed Davy struck first and then continued the assault; Davy said James Davy delivered most blows and he struck once with less force; James Davy denied striking and said Davy beat him while Cummins kicked. All were found guilty by jury and sentenced to mandatory life imprisonment by Justice Margaret Heneghan on 10 October 2016. Davy's appeal to separate his trial was dismissed by the Court of Appeal, which ruled the case was "compelling" for a joint trial and the judge's refusal to sever the indictment was proper.
Adrian Nestor, 44, from Keamsella, Kilcolgan, was found guilty of dangerous driving causing the death of 66‑year‑old Liam McDonnell and serious harm to Garda Sharon Casserly and Garda Peter Murtagh. He collided with a garda car near Ardrahan on 1 February 2016 while five times over the alcohol limit, with a blood alcohol level of 272 mg. Sentenced by the Galway Circuit Criminal Court to 240 hours of community service, a €1,000 fine and a four‑year driving ban, the Court of Appeal later ruled the sentence was too lenient. The DPP appealed, arguing the suspended four‑year sentence failed to reflect the seriousness of the offence. The Court of Appeal, after hearing counsel, imposed a four‑year prison term with the final two years suspended, sending Nestor to jail for the first time in this case.
The daughters of Jerry O'Keefe, who was sentenced to ten years in prison for repeatedly raping and sexually abusing them between 1980 and 1993, expressed relief that his appeal was dismissed. O'Keefe, 69, had pleaded guilty to nine counts of rape and sexual abuse after a jury was sworn in. He received consecutive sentences of seven years for raping one daughter and three years for abusing the other, totaling ten years. The Court of Appeal upheld the sentence, stating it was not lenient. Amy Barrett, the eldest daughter, said she was relieved the case was finally over and that the judges showed zero tolerance for child abuse. She urged other victims not to lose hope and to come forward. The appeal was dismissed by a three‑judge panel, including Mr Justice John Hedigan, Mr Justice George Birmingham and Mr Justice John Edwards.
In a 2018 Court of Appeal hearing, the lawyers for Kevin Carroll, a drama teacher convicted of raping a seven‑year‑old student, argued that a juror had "smiled and winked" at the complainant during his trial. Carroll, aged 58, had pleaded not guilty to rape and anal rape at an Offaly school between 1996 and 1998, was found guilty by a jury at the Central Criminal Court, and sentenced to 10 years' imprisonment in February 2016. His barrister, Roderick O'Hanlon SC, claimed the trial judge should have discharged the jury when a witness gave hearsay evidence that Carroll had "looked up the skirts of girls," and that the judge should have examined the jury after the alleged gesture. The Court of Appeal, with Judges John Hedigan, Marie Baker, and George Birmingham, reserved judgment on the appeal. The appeal was lodged on grounds including alleged prejudice and the juror's alleged gesture.
Michael Lynch, a 26‑year‑old from Cork, had his eight‑year jail term for false imprisonment upheld by the Court of Appeal. He was found guilty of false imprisonment of a woman he had been seeing for three weeks and was sentenced to 10 years, with the final two suspended. Lynch had a history of violent offences, including torturing a pregnant ex‑girlfriend by pouring boiling water over her after adding sugar to raise the temperature, and assaulting another ex‑girlfriend. The Court of Appeal, citing his record of violence against women, held that the sentence had to be significant. The appeal against the severity of the sentence was dismissed, and the eight‑year term remained in force. The case was heard by a three‑judge panel, including Mr Justice George Birmingham. The decision was made on 19 July 2018. Michael Lynch pleaded not guilty.
In a Dublin case, a 43‑year‑old man was convicted of sexually assaulting a 12‑year‑old girl who was a friend of his stepdaughter during a sleepover at his home on 14 February 2015. The jury found him guilty and Judge Cormac Quinn sentenced him to one year in prison on 9 March 2018. The man appealed, arguing that the trial judge had erred by not warning the jury about the lack of corroboration for the victim's testimony. The Court of Appeal, with Justices Patrick McCarthy, George Birmingham and John Edwards, upheld the conviction, stating that the trial judge was within his discretion to withhold a warning in this circumstance. The appeal was dismissed, leaving the original conviction and sentence in place. The unnamed 12-year-old pleaded not guilty.
A 64-year-old man, Seán Davy, has appealed his conviction for the murder of Thomas 'Toddy' Dooley, who was brutally beaten to death in his home in Edenderry on February 12, 2014. Seán Davy, along with Matthew Cummins and James Davy, was found guilty by a jury of the murder of Mr Dooley, who suffered eight blows to the head with a baseball bat. All three men had denied the charges. They were each given a mandatory life sentence by Ms Justice Margaret Heneghan in October 2016, who described the attack as 'brutal, motiveless' and targeted a 'defenceless elderly man'. Seán Davy's barrister, Ronan Munro SC, argued that his client's conviction was unsafe due to a pre-trial decision not to sever the indictment and order separate trials. He claimed that the garda statements of James Davy and Matthew Cummins gave the jury a 'peculiarly vivid' picture that it was 'all Seán Davy's fault', which overwhelmed any judicial direction. Counsel for the Director of Public Prosecutions, Patrick Treacy SC, stated that the case was presented as one of joint enterprise or common design, with Seán Davy being the only accused who admitted striking the deceased with a baseball bat. The court has reserved its judgement on the appeal.
Tadhg Butler, aged 37, pleaded guilty to unlawfully killing Michael O'Dwyer on 10 January 2014. He was remanded in custody pending a sentence hearing on 18 October. Butler's case had seen three trials: the first in April 2015 ended with a jury discharge, the second resulted in a guilty verdict and a mandatory life sentence, which was overturned on appeal, and the third ended with a hung jury. Butler admitted he had stabbed O'Dwyer while taking a knife from his nephew to prevent self‑harm.
Michael Kaiser, a 24‑year‑old Polish national, was found guilty of burglary and assault causing harm to an off‑duty Garda in Naas on 1 July 2016. He was originally sentenced to two years' imprisonment with the final six months suspended. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal agreed and increased his term to two‑and‑a‑half years, crediting time already served. The judge noted that Kaiser and a co‑offender had been drinking at the Ivy Inn, entered the kitchen without permission, attacked the head chef with a mop, and then assaulted Garda James Keating, who had come to the pub for lunch. The assault on the Garda was aggravated by the fact it was committed on an off‑duty officer. The court emphasised that Kaiser had no prior convictions, had been a good employee, and had returned to Ireland in breach of a deportation order. Michael Kaiser pleaded not guilty.
Declan Harris, 59, pleaded guilty to possessing €2,830 worth of heroin at the Dunkettle Interchange on 2 February 2016. He was sentenced by Judge Seán Ó Donnabháin at Cork Circuit Criminal Court to five years imprisonment on 23 July 2017. Harris appealed the severity of the sentence, but the Court of Appeal, in a decision delivered by President Mr Justice Birmingham with Mr Justice John Edwards and Mr Justice John Hedigan, held that there was "no question" of a reduction. The court considered whether the sentence should be increased but ultimately declined to intervene. The judges noted Harris's significant prior record, including an eight‑year sentence for a previous offence, and described him as a "professional" drug dealer with a calculated operation. Harris remains in Loughan House open prison, and the Circuit Court sentence was left in place.
The Court of Appeal heard several sentencing appeals, with two appellants withdrawing their cases after President Mr Justice George Birmingham reminded counsel of the court's power to increase sentences. Philip McKevitt, 62, of Dundalk, withdrew his appeal against an eight-and-a-half-year sentence imposed in 2017 by the Special Criminal Court. He had been convicted of making a bomb in his shed on May 22, 2010, which detectives alleged would have weighed 500lb fully loaded. His co-accused, Conan Murphy, 32, had previously pleaded guilty to the same incident and received a six-year sentence. In a separate matter, Charles McDonagh, 27, of Co Cavan, withdrew his appeal against a nine-year sentence for dangerous driving causing serious harm, a decision Mr Justice Birmingham described as sensible. Conversely, the court upheld the sentences of two other appellants. Keith Hughes, 27, of Dundalk, had his appeal dismissed regarding a six-year sentence (with the final year suspended) for robbing €235 and possessing a knife at a bookmaker in 2015. The court noted his 59 previous convictions and found no error in principle. Additionally, the appeal of a 28-year-old South African national against a 10-year sentence for raping his former partner was dismissed, with the court holding the sentence was within the available range.
Paula Farrell, 44, had her murder conviction quashed by the Court of Appeal after a Central Criminal Court jury found her guilty of killing her partner Wayne McQuillan, 30, on 1 January 2014. The appeal argued that the trial judge wrongly excluded the partial defence of provocation, which could have been considered by the jury. The court noted that Farrell had claimed she was provoked by McQuillan's violence and that she had a history of alcohol‑induced psychosis and PTSD from alleged sexual abuse. The Court of Appeal ordered a retrial and remanded Farrell in custody. The case remains at the retrial stage, with no further outcome reported in the article. Paula Farrell pleaded not guilty.
Brendan Smith, a former director of Aston Carpets and Flooring, was found guilty of price‑fixing with Carpet Centre (Contracts) Ltd between July 2012 and April 2013. The scheme involved both firms tendering higher bids than the other to secure contracts. Smith pleaded guilty and was fined €7,500, fined the company €10,000, given a three‑month prison sentence suspended for two years, and disqualified from acting as a director for five years. The Court of Appeal, after an appeal by the Director of Public Prosecutions, ruled the €7,500 fine "unduly lenient" and increased it to €45,000, to be paid within six months. Smith's suspended sentence and the company's fine remained unchanged. The appeal judge noted the profits from the scheme were modest and the customers affected were mainly large corporations. The case was concluded after a Garda raid on April 30, 2013, and the cooperation of Carpet Centre's David Radburn, who received immunity.
In a Cork city park on 28 June 2013, Keith Aherne, aged 24, was found guilty of raping a woman while he held her down. He denied the charges. The other perpetrator, who pleaded guilty but died before sentencing, is alleged to have committed the rape. Aherne was sentenced to ten years' imprisonment, with the final year suspended, and was deemed a principal offender for aiding and abetting the offence. The Court of Appeal upheld the conviction. Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, dismissed all of Aherne's grounds of appeal, noting that none had succeeded. Aherne's barrister, Brendan Grehan SC, argued that the trial judge erred in admitting certain evidence and in handling cross‑examination, but these arguments were rejected by the appellate court. The appeal was therefore dismissed. The conviction remains in force.
The Court of Appeal has ordered a retrial for an unnamed man who was previously acquitted on hazardous landfill charges. The acquittal, delivered by Judge Patrick McCarthy in 2015, was based on the man's alleged holding or disposing of waste in a manner that could cause environmental pollution and on his alleged failure to comply with a waste licence. The Director of Public Prosecutions appealed in January on a legal point under Section 23 of the Criminal Procedure Act 2010. The Court of Appeal, led by Judge George Birmingham, found the acquittal should be quashed and a retrial in the interests of justice. The case was remitted back to the Circuit Court for a new hearing on Monday. The court noted that the trial judge had focused on whether the man had the capacity to direct the company, whereas the real issue was whether he functioned as a senior manager with responsibility for the waste site.
The Court of Appeal dismissed Eric Eoin Marques's appeal against his extradition to the United States. Marques, who is accused of running the world's largest child‑pornography facilitation site, Freedom Hosting, was arrested in 2013 on a US request. He has filed several actions in Ireland, including a challenge to the Director of Public Prosecutions' decision not to prosecute him domestically and a request that the Minister for Justice disclose the reasons for that decision before ordering his surrender. The High Court had already dismissed his application in November 2015, and the Court of Appeal had rejected it again in 2016. In its latest ruling, the Court of Appeal, with Justices Peart, Mahon and Hedigan, confirmed that extradition is an international cooperation process, not a criminal proceeding, and that Marques had no right to compel the Minister to obtain or disclose the DPP's reasons.
A 73-year-old man from County Mayo will not face a third retrial following a Court of Appeal ruling. His rape conviction, overturned in February 2018, will not be prosecuted again after the Director of Public Prosecutions' application for a retrial was refused. The man had been found guilty at the Central Criminal Court in 2015 of indecent assault and multiple counts of sexual assault and rape of a child between 1990 and 1994, receiving a 13-year sentence with the final five years suspended. The Court of Appeal had set aside the conviction, finding that evidence of the man's previous convictions for abusing the complainant's sisters should not have been presented to the jury due to their prejudicial effect. In refusing the retrial application, Mr Justice Alan Mahon cited the appellant's age and health, the age of the allegations, and the fact this would constitute a third trial on the matter. The unnamed 73-year-old pleaded not guilty.
In a Court of Appeal hearing on 8 June 2018, Private Dean Kane, aged 24 and a year into service with the 27th Infantry Battalion, was discharged from the Defence Forces for pointing a cocked and loaded Steyr automatic rifle at a fellow private while joking in his barracks. Kane had previously pleaded guilty in a summary Court Martial to three counts of negligent performance of duty and one count of conduct prejudiced to good order. He had loaded the rifle with a 30‑round magazine, cocked it, and pointed it near another soldier, then lied to a Corporal about the magazine. The military judge's sentence was upheld by a three‑judge Court of Appeal, which found no error in the judge's approach. Kane's conduct was deemed a serious breach of weapon safety protocols, and he was discharged by order of the military judge in March 2018. The appeal was dismissed, confirming the discharge and the seriousness of the offence.
The Court of Appeal upheld a total prison sentence of 22 years for a 31‑year‑old Cork man, who was convicted of raping and assaulting his former partner on 10 July 2013 and a woman he barely knew on 4 January 2014. He pleaded guilty to the first offence and was found guilty of the second after a trial. Sentencing on 29 February 2016 gave a 12‑year term for the January 2014 rape, and on 19 May 2017 a consecutive 10‑year term for the July 2013 rape, bringing the total to 22 years. The appeal, brought by the defendant, was dismissed by Mr Justice John Hedigan, who said the judge's approach was meticulous and proportionate, noting the gravity of the offences and the defendant's status as a serial rapist. The court confirmed that the sentences should not merge or run concurrently, maintaining the 22‑year total.
The Court of Appeal found a 44‑year‑old man's wholly suspended three‑year sentence too lenient and sentenced him to 18 months in jail. He had pleaded guilty in 2012 to assaulting his wife and in 2015 to five counts of threatening to kill her and each of their four children. The judge described the 2015 threats as a "truly awful offence" and noted the man's history of mental health problems. The Court of Appeal imposed a three‑year custodial term with the final 18 months suspended, a 12‑month concurrent term for the 2012 assault, and required the man to enter a good‑behaviour bond, maintain contact with mental health services and have no contact with his wife or children for three years unless invited. The sentence was imposed on Friday afternoon.
The Court of Appeal has adjourned the appeal of Dónall Billings, a 67-year-old from Drumlish, County Longford, to a future list in July. Billings was previously found guilty by the Special Criminal Court of possessing an explosive substance at Longford railway station car park on May 16, 2011. He was also convicted of making false reports on May 16, 18, and 20, 2011, alleging bombs were placed at Busáras, Sinn Féin headquarters, Dublin Castle, and Cork airport during Queen Elizabeth's state visit. Mr Justice Tony Hunt, presiding with Judges Martin Nolan and Cormac Dunne, sentenced Billings to eight-and-a-half years' imprisonment, noting he was not entitled to express low opinions of the Queen through criminality. Concurrent terms were imposed for the false reports. Billings has lodged an appeal against his conviction and sentence. During case management, his barrister, Lyndsay Duffy, formally applied for the appeal to be heard in Irish by three Irish-speaking judges. President of the Court of Appeal, Mr Justice George Birmingham, stated the court faces an "immediate crisis" due to a judge shortage, leaving only five judges available to sit unrestrictedly. He remarked on the difficulty of finding three English-speaking judges, let alone Irish-speaking ones. The matter was adjourned to allow time for the court to reach full composition and determine its linguistic capacity. No final decision on the appeal has been made.
Joseph Shannon, 46, had 38 prior burglary convictions and used the DART and LUAS to "case" homes before breaking in. He pleaded guilty to eight burglaries in Dublin between April and August 2014 and was originally sentenced to three years, with all but 14 weeks suspended, by Judge Petria McDonnell on 11 April 2016. The DPP appealed, arguing the sentence was "unduly lenient." In the Court of Appeal, Judge John Edwards re‑sentenced Shannon to three years imprisonment on each count, with the final nine months of each suspended, and backdated the sentence to account for the 14 weeks spent on remand. The new term is two years and three months, and Shannon must enter a good‑behaviour bond. The court noted his relapse after the initial suspension and his failure to take the opportunities for rehabilitation that had been offered. The decision was made by a three‑judge panel including Judges George Birmingham and Alan Mahon.
Peter Hilliard, 54, of Tallaght, was convicted of sexually assaulting two vulnerable residents in a nursing home in Rathfarnham between February 2013 and June 2016. He pleaded guilty at Dublin Circuit Criminal Court. In June 2016 a colleague saw a Facebook video of Hilliard assaulting an elderly resident; Hilliard had recorded the assault with a mobile phone and uploaded the video, claiming he had only a few hours of sleep and had "mistakenly" posted it. He received an 18‑month suspended sentence from Judge Karen O'Connor on 24 October 2017. The Court of Appeal, hearing the case before Justices John Hedigan, George Birmingham and Alan Mahon, found the sentence "unduly lenient" and re‑sentenced him to 12 months imprisonment, with the final six months suspended. The victims were patients with profound intellectual disabilities, one with advanced dementia and the other with limited awareness of the assault.
Patrick O'Driscoll, a 42‑year‑old father from Codrum, Macroom, was convicted by a jury of 61 counts of raping his eldest daughter, aged 16 to 17, between 2008 and 2009. He had denied the charges. The jury's unanimous verdict was upheld by the Court of Appeal, which found the trial satisfactory and the conviction safe. Mr Justice Paul Butler sentenced O'Driscoll to ten years' imprisonment, with the final year suspended on conditions including no contact with his daughter. The appeal was dismissed after the Court of Appeal, led by Mr Justice John Edwards, considered the evidence presented by the complainant and the defence. The court concluded that the jury had the authority to assess the credibility of the complainant's testimony and that the verdict was not perverse. The case remains at the conviction stage.
Patrick O'Driscoll, 42, of Codrum, Macroom, was found guilty by a jury of 61 counts of raping his eldest daughter, Ellen, aged 16 to 17, between 2008 and 2009. He denied the charges. Mr Justice Paul Butler sentenced him to 10 years' imprisonment, with the final year suspended on conditions including no contact with his daughter. The judge noted that O'Driscoll had otherwise led a "blameless life" and was rearing the rest of his family properly. Ellen, 24, had waived anonymity. O'Driscoll has moved to appeal the conviction in the Court of Appeal, where the judge has reserved judgment. His barrister, Ronan Munro SC, argued that the jury's verdict was perverse due to infirmities in the complainant's evidence, citing inconsistencies about the address of abuse, school attendance and other matters. The Court of Appeal will decide on Thursday.
A 43‑year‑old man was convicted of four counts of sexual assault against a girl aged between ten and fourteen, committed between 2004 and 2007 while he was visiting her home. The assaults included touching her breasts and vaginal area, and in one instance inserting fingers into her vagina. The victim, who left home early and had to mature quickly, said the abuse forced her to excel in school as a way out. The appeal was partly based on the victim's recollection of abuse during a 2006 Brazil World Cup mid‑week game, but the Court of Appeal dismissed the appeal, noting that the man could have visited the victim's home during that period and that bank‑card records did not prove he was working. Mr Justice Paul Coffey sentenced the man to three‑and‑a‑half years in prison, with the final year suspended on the condition that he attend a sex‑offender treatment programme while incarcerated.
In a 2018 Court of Appeal hearing, lawyers for Paula Farrell, aged 44, argued that her jury should have been allowed to consider a provocation defence in her murder trial. Farrell, who lives in Rathmullen Park, Drogheda, had been convicted of murdering her partner, Wayne McQuillan, aged 30, on 1 January 2014. The Central Criminal Court found her guilty after 3½ hours of deliberation, and she received a mandatory life sentence on 17 July 2015. Her defence team, led by Caroline Biggs SC, claimed that Farrell had been provoked by McQuillan's violent behaviour and that she suffered a sudden loss of self‑control, citing evidence from Garda interviews and her own statements. The trial judge had rejected provocation as a viable defence, citing a lack of rational basis. The Director of Public Prosecutions, Gerard Clarke SC, countered that all evidence relevant to provocation was also relevant to other defences and was rejected by the jury. Paula Farrell pleaded not guilty.
The Court of Appeal has upheld the murder conviction of Mark Nash for the killings of two women in Grangegorman, Dublin, in 1997. A three-judge panel, led by Mr Justice Alan Mahon, dismissed all grounds of appeal on 8 May 2018. Nash was convicted in 2015 of murdering the two victims, whose bodies were discovered in sheltered accommodation two decades after the crimes. He received a mandatory life sentence. The court found the trial was conducted fairly and the verdict was justified by evidence. Nash's appeal centred on challenges to his admissions to gardaí, forensic evidence including DNA found on his jacket, and the lawfulness of evidence seizure. The judges concluded the scientific evidence did not prove contamination and that a jury could reasonably determine the DNA profiles were present from the time of the murders. Nash is already serving life imprisonment for two further murders committed in Roscommon in 1997.
The Court of Appeal upheld the State's decision to deport a man alleged to be the "foremost organiser and facilitator of travel by extremists" and the "main recruiter" for Islamic terrorists in Ireland. The man, whose name is withheld for legal reasons, denied consulting with extremist leaders abroad, denied posing a threat to national security, and denied recruiting for extremist groups. In 2016 Mr Justice Richard Humphreys dismissed the man's High Court actions that sought to prevent his deportation, after which he was deported. The man's lawyers appealed the High Court's finding that he had not made a valid asylum claim, but the Court of Appeal, in a unanimous decision, dismissed the appeal. The court held that the man had withdrawn his asylum application in 2000 and that his 2015 refusal to re‑enter the asylum system could only be challenged by judicial review under the 2000 Illegal Immigrants Act, not by the appeal.
Richard Evans, aged 34, was originally sentenced to three months' imprisonment for burglary of a domestic dwelling in Dublin on 18 February 2015. He had 127 prior convictions, 17 of which were for burglary. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, hearing the case on 26 April 2018, increased the sentence to two years and six months' imprisonment, with the final nine months suspended. The court noted that Evans had previously served a suspended burglary sentence that had been activated and was currently being served. The judge highlighted Evans' extensive criminal history and the seriousness of the burglary offence, concluding the original three‑month term was too light. The new sentence reflects the Court of Appeal's view that the burglary offence warranted a harsher penalty than the concurrent criminal damage sentence. Richard Evans pleaded guilty.
The Court of Appeal has increased the prison sentences of cousins Michael Casey and David Casey, who pleaded guilty to a series of burglaries, including an incident at the home of John O'Donoghue in Doon on August 27, 2015, where Mr. O'Donoghue collapsed and died. The original sentence of four-and-a-half years imprisonment, with the final year suspended, imposed by Judge Tom O'Donnell at Limerick Circuit Criminal Court in December 2016, was found to be unduly lenient following a review by the Director of Public Prosecutions. The Court of Appeal, led by Mr Justice George Birmingham, re-sentenced both men to seven years imprisonment, with the final eight months suspended. This decision was based on aggravating factors, including the pre-planned nature of the burglary spree, the ransacking of a dwelling, and the serious harm caused to the victim. The court also established new sentencing guidelines for burglary, categorizing offenses into mid-range and highest categories based on factors such as planning, violence, and previous convictions. The Caseys received concurrent terms for other related offenses, and the court emphasized the need for general deterrence in cases involving residential burglaries in rural areas.