A 48‑year‑old Carlow man was sentenced to a net three‑year custodial term for sexually assaulting his seven‑year‑old niece over a four‑year period between 1994 and 1998. He pleaded guilty to eight counts of sexual assault. Judge Michael O'Shea imposed eight concurrent five‑year sentences, with the last two years of each suspended, resulting in the net three‑year term. The Court of Appeal, in a three‑judge panel, found the sentence to be a "very lenient outcome" and dismissed the man's appeal. The judge noted the systematic and exploitative nature of the offending, the breach of trust, and the victim's vulnerability. The man had no prior convictions, had suffered a stroke three years earlier, was unemployed, and received a disability allowance. He had accepted the allegations, cooperated with the Gardaí, apologized, and displayed insight. The appeal was rejected.
The Court of Appeal adjourned the appeal hearing of Karl McCarthy, 36, who had pleaded guilty to two counts of criminal damage for burning two cars on consecutive nights in October 2016. McCarthy was sentenced to six years' imprisonment by Judge Rory McCabe on 29 March 2017. The appeal was to challenge the severity of the sentence. The three‑judge panel, including Mr Justice John Edwards, Mr Justice George Birmingham and Mr Justice Alan Mahon, decided to postpone the hearing and requested psychiatric and psychological reports to determine whether McCarthy suffers from pyromania. Mr Justice Birmingham noted that the court would depart from normal practice and that further information should have been sought before finalising the sentence. He instructed McCarthy to fully cooperate with the professionals involved. The case was adjourned pending the reports.
John Joseph Malone, aged 54, was found guilty of murdering 69‑year‑old Ann 'Nancy' Smyth in 1987 and received a mandatory life sentence in 2017. The Court of Appeal upheld his conviction in 2018, ruling that the trial was fair despite a 27‑year delay. Malone had confessed to the killing to several people over the years, including his brother, former wife, and others in a Presbyterian Bible group. Witnesses testified that he had been present at the scene, had a heated argument with Mrs Smyth, and had admitted to strangling her. The appeal court noted that sufficient witnesses were available and that the delay did not unduly prejudice Malone's defence. The judgment was delivered without Malone's reaction. The case remains a cold case that was reopened after new confession evidence surfaced. John Joseph Malone pleaded not guilty.
The Court of Appeal dismissed an Iranian man's appeal against the State's refusal to grant him Irish citizenship on national security grounds. The man, who has lived in Ireland for over 25 years as a refugee, has repeatedly applied for naturalisation and been rejected. In 2014 the High Court allowed him to inspect some state-held documents but required the State to give a more detailed reason for the refusal. The Minister's decision included a report citing national security and international relations concerns, and the man argued he was denied the right to correct damaging accusations. In 2016 the High Court dismissed his action, and the Court of Appeal, sitting with Justices Peart, Hogan and Gilligan, unanimously upheld the Minister's decision, stating that national security interests outweighed the man's position. The court found no fault with the High Court's review and rejected the claim that his EU rights had been breached.
In 2016, a 29‑year‑old intellectually disabled man from Cork was convicted by a Central Criminal Court jury of raping his seven‑year‑old nephew on three occasions between 2009 and 2011. He was sentenced to seven years' imprisonment, with the last six months suspended, and ordered to undergo seven years of post‑release supervision. The judge noted the defendant's high risk of re‑offending and his refusal to engage with probation services, while also acknowledging his significant intellectual difficulties but affirming his moral culpability. In April 2018, his lawyers appealed, arguing that the evidence was too inconsistent for a jury trial and that the case should have been directed to a verdict of acquittal. The Court of Appeal adjourned the appeal to review video recordings of the child's specialist interviews and the cross‑examination, as the defence contended that the child's memory had deteriorated over time, potentially undermining the conviction. The unnamed 29-year-old pleaded not guilty.
In the Court of Appeal, Daniel McDonnell's lawyers argued that letters he wrote while in custody, bragging about the murder of 16‑year‑old Melanie McCarthy, were unreliable and should not have been admitted to the jury. McDonnell, 23, had been convicted of the murder on the basis of these letters and a single piece of graffiti. His barrister, Bernard Condon SC, contended that the letters were produced by a 17‑year‑old in a 23‑hour lock‑up, with a history of drug use and limited education, making them suspect. He highlighted the lack of other evidence linking McDonnell to the crime and the absence of safeguards during the letters' creation. The prosecution, represented by Brendan Grehan SC, maintained that the letters were voluntary, lucid, and highly probative. The appeal was heard by a panel of three judges, who reserved judgment on the matter. Daniel McDonnell pleaded not guilty.
Michael O'Brien, aged 25, was found guilty of deceiving a vulnerable woman who was caring for her 95‑year‑old mother and had psychiatric illness. Between October and November 2015, O'Brien persuaded her to pay €5,000 repeatedly, claiming it was for driveway repaving, house painting, and a supposed bank scam. He collected about €90,000, her entire life savings, and only €20,000 was recovered. He pleaded guilty at Dublin Circuit Criminal Court and received a three‑year prison sentence on 24 March 2017. The Court of Appeal upheld the sentence, stating the deception was "so despicable" that the maximum five‑year sentence would have been appropriate. The appeal was dismissed, confirming the original three‑year term. The case highlighted the victim's vulnerability and the extent of the financial loss.
James Maher, 64, of Cherry Orchard Green, Ballyfermot, was found guilty of six counts of sexually abusing his nephews between 1980 and 1984. The nephews, aged eight to thirteen at the time, waived anonymity and described the abuse as "like an animal." One nephew said he had considered murdering Maher but decided against it, stating he would "answer to God." Maher's sentence of nine years was upheld by the Court of Appeal, with the final year suspended due to his age, health, guilty plea and lack of prior convictions. The Court confirmed an eight‑year custodial term was within the sentencing range of six to nine years. The appeal was dismissed, with the judges noting the premeditated, systematic and prolonged nature of the offences and their long‑term detrimental effects on the victims. The decision was made by a three‑judge panel including Mr Justice Alan Mahon.
A man convicted of driving his car at gardaí has been jailed following an appeal by the Director of Public Prosecutions. Paul McGillion, aged 33 and resident at Ard Caoin, Manorcunningham, County Donegal, pleaded guilty in Letterkenny to reckless endangerment, dangerous driving, drink-driving, and driving without insurance and a valid licence on 25 July 2015. He received a wholly suspended three-year sentence in May 2017. The Court of Appeal found the original sentence unduly lenient and imposed a new three-year term with the final two years suspended. Mr Justice Alan Mahon noted that Garda Michael Kilcoyne sustained severe injury with life-changing consequences during the incident. The judge stated that offences involving driving a vehicle at gardaí performing their duties demanded a custodial element. McGillion's significant rehabilitation and employment record were acknowledged but could not justify a wholly non-custodial sentence given the gravity of the offence and his history of relevant convictions.
A 43‑year‑old man, whose name is withheld for legal reasons, was found guilty of raping his wife in their home in May 2014, making him the third person convicted of marital rape since the offence was made illegal in 1990. The jury also found him guilty of threatening to kill his wife and cutting her face, charges he denied, and of assaulting her with a hammer. Ms Justice Isobel Kennedy originally sentenced him to 12 years' imprisonment, with the final two years suspended in June 2016. On appeal, the Court of Appeal agreed that a 10‑ or 11‑year sentence was "somewhat out of kilter" for a single instance of rape without premeditation or unusual violence. The man was re‑sentenced to 10 years' imprisonment, with the final 18 months suspended. His appeal against conviction was dismissed, a decision he also rejects.
Anthony Buck, 41, of Garrymore, Clonmel, is serving a mandatory life sentence for the 1996 murder of David Nugent in Tipperary. He pleaded not guilty at the Central Criminal Court and was convicted after a lengthy trial, with the sentence imposed by Mr Justice John Quirke on 2 February 1998. Buck's appeal to have his conviction declared a miscarriage of justice was dismissed by the Court of Appeal. The Director of Public Prosecutions successfully argued that the application was an abuse of process, and the court found no new or newly discovered facts to support the claim. Mr Justice John Hedigan noted Buck's skillful preparation and courteous conduct, but concluded that his arguments were based solely on existing trial records and therefore bound to fail. The application was dismissed before a full hearing.
In February 2018 the Court of Appeal heard that a 43‑year‑old man, who cannot be named, remains unremorseful for raping his wife and threatening her. He had been jailed for ten years after a jury in the Central Criminal Court convicted him of raping his wife in May 2014, threatening to cut her face, and threatening to kill her over the phone. The jury did not reach verdicts on charges of head‑butting and threatening serious damage when discussing custody of their son. He had admitted assaulting his wife with a hammer. He was sentenced to 12 years' imprisonment, with the final two years suspended, in June 2016. His appeal was dismissed in December 2017, and the Court of Appeal has now upheld his conviction, noting that he has not shown any remorse for the rape offence. The appeal of his sentence remains pending.
The Court of Appeal has remanded cousins Michael Casey and David Casey in custody until April 17, the date set for judgment on their appeal. Both men pleaded guilty to a series of burglaries, including an incident at the home of John O'Donoghue in Doon on August 27, 2015. Mr O'Donoghue collapsed and died while confronting the intruders, who fled without assistance. In December 2016, Judge Tom O'Donnell at Limerick Circuit Criminal Court sentenced both to four-and-a-half years imprisonment, with the final year suspended. The Director of Public Prosecutions sought a review, arguing the sentences were unduly lenient. Counsel Thomas O'Malley BL submitted that the men targeted four properties and entered three, noting David Casey was on bail at the time. While it was not alleged that the Caseys directly caused Mr O'Donoghue's death, a causative link was identified. The DPP urged the court to treat residential burglary as a "special case" due to its severe social impact. The three-judge panel, comprising Justices Birmingham, Mahon, and Edwards, found the original sentences unduly lenient. As the Caseys are due for release in mid-April, days before the judgment, the court ordered them to remain in custody until the decision is handed down on April 17.
In a 21‑day High Court case in 2012, William Naylor, aged in his early sixties, sued his sister Jean Maher, the executrix of Michael Hoare's estate, to set aside a 2006 will that left the Derrylahan farm to Maher and €150,000 to Naylor. Naylor claimed he had worked the farm for over 30 years and that Hoare, who had married Naylor's mother in the 1980s, had promised him the land. The High Court found Naylor was entitled to the 120‑acre farm but dismissed his claim that the will was procured by duress or undue influence. Naylor was awarded 75 % of his legal costs. On appeal, the Court of Appeal upheld the land entitlement but ruled that the €150,000 bequest was a substitution for the land and ordered Naylor to execute a disclaimer of that sum. The appeal did not alter the High Court's decision on the monetary bequest.
The Court of Appeal has reserved judgment on an appeal by Brian McHugh, who was found guilty of robbing a woman of her phone in Swords on January 13, 2014. McHugh, who pleaded not guilty at Dublin Circuit Criminal Court, was sentenced to four years' imprisonment by Judge Pat McCartan on June 16, 2016. His barrister, Michael O'Higgins SC, argued that the trial judge erred by refusing to admit a witness's statement under section 16 of the Criminal Justice Act 2006. The defence contended that this provision, typically used by the prosecution to admit statements from hostile witnesses, should have allowed the admission of a "mixed statement" that both parties agreed was critical. O'Higgins SC submitted that the failure to put this evidence before the jury rendered the trial unfair, as the prosecution is obliged to call all relevant evidence. Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Mr Justice John Hedigan, noted that if the witness was an accomplice, the prosecution would not be obliged to call them. The court has not yet delivered its decision, and the matter remains adjourned pending the reserved judgment.
The Court of Appeal in Dublin has upheld murder convictions against two men in the death of a 23-year-old in June 2014. Leszek Sychulec, aged 35, from Drinan, Ballymahon, County Longford, and Andrzej Gruchacz, aged 36, had been found guilty of murdering Patryk Krupa at Bogganfin, Athlone, County Roscommon. The victim was assaulted and left to drown in the Shannon outside Athlone while incapacitated from head injuries sustained during the attack. A Central Criminal Court jury returned unanimous guilty verdicts in 2016, and both men received mandatory life sentences. Delivering judgment, Mr Justice George Birmingham dismissed all grounds of appeal, finding the trials satisfactory and the verdicts safe. He noted CCTV evidence of exceptional quality from Collins Service Station on the Roscommon Road was central to the investigation, along with DNA and blood evidence recovered from the black BMW used in the abduction and from Sychulec's clothing and watch. Leszek Sychulec pleaded not guilty. Andrzej Gruchacz pleaded not guilty.
The Court of Appeal overturned a 2015 acquittal of an unnamed man charged with operating a hazardous landfill. The DPP appealed on a legal point under Section 23 of the Criminal Procedure Act 2010, arguing the man was a manager of the company that ran the landfill. Counsel for the DPP, Alex Owens SC, presented documents showing the man acted as a director, wrote letters on behalf of the company, and interfaced with the Environmental Protection Agency, claiming he had managerial capacity. The man's counsel, Bernard Condon SC, maintained he was merely a consultant and that the trial judge had incorrectly focused on whether he held a top executive role. Justice George Birmingham ruled the trial judge erred by not considering whether the man functioned as a senior manager with responsibility for the waste site. The Court will decide on a retrial at a later date. The unnamed man was acquitted.
In 2016, Bill Kenneally, aged 67, was sentenced to 14 years and two months imprisonment for indecent assault on ten teenage boys in Waterford during the 1980s. The sentence was imposed by Judge Eugene O'Kelly, who applied consecutive 17‑month terms for each victim. Kenneally pleaded guilty to ten counts, though originally charged with 70. His appeal to the Court of Appeal concerns the severity of the sentence, arguing the judge's approach was "vengeful" and overly emotive, focusing on victim impact reports rather than legal principles. Kenneally's counsel, Michael Counihan SC, contended that the judge failed to adequately consider mitigating factors such as a guilty plea, psychological issues, and the absence of a prior investigation. The Court of Appeal has reserved judgment on the appeal. The case remains at the appellate stage, with no further outcome reported.
The Court of Appeal granted a "last chance" to a 22‑year‑old ringleader of a 2011 burglary in which a student was forced to withdraw money from an ATM while the student's girlfriend was threatened with rape. The offender had pleaded guilty to aggravated burglary, robbery and false imprisonment and was sentenced to six years' detention in 2012. In 2015 the Court suspended the final 12 months of that sentence, citing the offender's youth and the need for rehabilitation. The appeal highlighted that the offender, who had 23 prior convictions, had re‑engaged with probation services and secured accommodation. The Court noted that the case involved a "spine‑chilling" threat of violence and that the offender's engagement with probation was deemed unsatisfactory, leading to the suspended period and a bond of €100 for good behaviour. The offender was returned to Wheatfield Prison to continue serving the remaining term.
Stephen Bennett, 45, of Pearse Green, Sallynoggin, was convicted in the District Court for a 20‑second sit‑down protest that obstructed the Israeli Ambassador's car and an unmarked Garda vehicle outside the Israeli Embassy in Dublin. The protest, which occurred after the July 2014 Israeli airstrikes on Gaza, was described as generally peaceful and without any threat of violence. Bennett and another protester lay on the road, causing a brief obstruction that was ended by Garda intervention. Bennett argued that the prosecution had not proved he had obstructed traffic without lawful authority or reasonable excuse, but the District Judge found safety, security, and sensitivity concerns made the obstruction unlawful. He was given a five‑month suspended sentence. The Court of Appeal upheld the conviction, noting that the protest could not be justified under the Public Order Act because no lawful authority or reasonable excuse existed in this case.
In a Court of Appeal hearing, William Moran's lawyers argued that Facebook messages alleged to be from his account were not sufficiently proven to have come from him. Moran, 23, was convicted of murdering Martin Brophy, 22, at the Waterford Institute of Technology in 2012 and received a mandatory life sentence in 2015. The prosecution's key evidence was a Facebook post sent after the murder but before the body was found, claiming the victim was dead. Moran's counsel, Colman Cody SC, contended that the evidence's provenance was unclear, that the State had sought a Mutual Assistance request in January 2014, and that no witnesses from Facebook had been produced to confirm the message's authenticity. He highlighted that Facebook evidence requires human input and authoritative proof, unlike CCTV or photographs. The court noted it would reserve judgment on the matter. William Moran pleaded not guilty.
A 70-year-old man convicted of sexually assaulting an autistic child in Co Mayo had his prison sentence reduced on appeal at the Court of Appeal on 22 January 2018. The UK citizen pleaded guilty to one count of sexual assault against an 11-year-old boy in April 2015. He was originally sentenced to six years imprisonment in February 2017. The Court of Appeal, led by Mr Justice Alan Mahon, reduced the final 15 months of the sentence to a suspended term, conditional on participation in a sex offender programme and good behaviour. The court acknowledged the man's extensive prior history of sexual offences committed in the UK over several decades, describing him as dangerous. However, it noted he had maintained a clean record in Ireland for approximately 22 years prior to this offence and was serving as primary carer for his significantly disabled wife. The suspended element was imposed to incentivise rehabilitation.
David Shanley, aged 48, was originally sentenced to five years' imprisonment for the manslaughter of John Lawlor, also 48, who died after a lower‑leg stab on Christmas Eve 2014. The sentence, with 2½ years suspended, was increased to six‑and‑a‑half years with three years suspended following an appeal by the Director of Public Prosecutions. Shanley had pleaded not guilty to murder but guilty to manslaughter, and the Court of Appeal found the original sentence "unduly lenient." The case involved a dispute over a 10‑year‑old daughter, menacing text messages, and a confrontation at Lawlor's home where Shanley entered with a knife. Lawlor was struck in the lower leg, a wound that caused massive blood loss and death. Shanley accepted responsibility and was required to enter a good‑behaviour bond for the suspended period. The final sentence was imposed by a three‑judge court, including Mr Justice Alan Mahon.
The Court of Appeal has reserved judgement in the appeal of Mark Nash against his 2015 conviction for two murders in Grangegorman, Dublin, committed in March 1997. Nash, originally from England with Dublin addresses, was sentenced to life imprisonment following a jury verdict after a forty-eight-day trial. He was already serving life for murders committed in Ballintober, County Roscommon, in August 1997. The appeal centred on DNA evidence recovered from Nash's jacket during forensic examination and his admissions to gardaí. Defence counsel challenged the reliability of the DNA findings, citing potential contamination and procedural irregularities in the investigation, including delayed disclosure of evidence and the absence of a search warrant. The prosecution argued the case against Nash was compelling, citing the DNA evidence, his admissions, and forensic findings including matching boot prints. The three-judge panel, presided over by Mr Justice Alan Mahon, reserved decision. The unnamed 44-year-old pleaded not guilty.
In a Court of Appeal hearing on 18 December 2017, the court found that the 4½‑year sentences imposed on cousins Michael Casey (34) and David Casey (23) for a fatal burglary at the home of 62‑year‑old John O'Donoghue were unduly lenient. The men had pleaded guilty to a series of burglaries, including the incident on 27 August 2015 when O'Donoghue collapsed and died as he confronted the intruders. Judge Tom O'Donnell had originally sentenced them at Limerick Circuit Criminal Court to four‑and‑a‑half years, with the final year suspended. The Director of Public Prosecutions appealed, arguing the harm caused, including the distress of O'Donoghue's sister who witnessed his death, warranted a harsher penalty. The three‑judge panel, led by Mr Justice George Birmingham, agreed and ordered a fresh sentencing hearing to be scheduled for January.
In a Court of Appeal decision dated 8 December 2017, the court held that a convicted paedophile, aged 83, was not prejudiced by a 45‑year delay before he was tried for raping a niece. The man, whose name is withheld to protect the victim, had been found guilty in 1971 of rape and sexual assault of an 11‑year‑old child in County Clare. He had denied the charges and was sentenced to seven years imprisonment in 2016. He appealed, arguing that the delay had caused prejudice, but the appeal was dismissed. The court noted that the victim's mother, the man's sister, and the victim's siblings were present during the alleged incidents, and that the victim's testimony described two separate assaults, including a rape. The court also considered the death of the man's girlfriend in 2008, who might have been an accomplice, but concluded that her absence did not create a grave prejudice sufficient to halt the trial.
In a 2017 Court of Appeal hearing, Brendan Grehan SC argued that Michael Taylor, 37, lacked sufficient evidence linking him to the 2007 murder of Paul Kelly, 26, at Winston Ville apartments. Grehan highlighted three main points: a glove found 80 m from the scene with a DNA profile matching Taylor, phone evidence showing a device linked to Taylor pinging a mast near the crime scene, and a feud between Taylor and the victim. He contended the glove's DNA was a minor profile and that a single firearm residue particle was insufficient to prove use in the shooting, arguing the evidence should have been excluded. The prosecution, represented by Denis Vaughan Buckley SC, maintained the evidence was strong and warranted a jury verdict, which had been reached after five hours. The Court of Appeal, presided over by Justice Seán Ryan, decided to reserve judgment on the appeal. Michael Taylor pleaded not guilty and was found guilty.
David Shanley, aged 48, was convicted of manslaughter for killing John Lawlor, also 48, who died from a knife wound to a varicose vein after a confrontation on Christmas Eve 2014. Shanley pleaded guilty and was sentenced by Mr Justice Paul Butler on 24 October 2016 to five years' imprisonment, with the final two‑and‑a‑half years suspended. The judge noted Lawlor was a "much loved son, brother, father and grandfather" and that Shanley had accepted responsibility, though he had initially tried to deflect it by claiming the struggle was a "fight for survival". Shanley's sentence is now under appeal by the Director of Public Prosecutions, who argue the tariff is unduly lenient and the 50 % mitigating discount too high. The Court of Appeal has reserved judgment on the appeal. The case remains at the appeal stage, with no further outcome reported.
In a 2017 Court of Appeal hearing, Peter Kenny's barrister argued that Kenny, convicted of murdering John Carroll in 2009, could not receive a fair trial because of the "scandalous" handling of Garda informant Joseph O'Brien. Kenny, 35, had pleaded not guilty and was sentenced to life by Mr Justice Barry White in 2011. The appeal focused on O'Brien's evidence, a known drug dealer and informant, and the manner it was obtained. Counsel claimed that O'Brien was arrested at Dublin Port, then taken to Pearse Street Garda station where he met Det. Sgt. Adrian Whitelaw and the late Superintendent PJ Brown. No notes were taken during the two‑hour meeting, and the relationship between O'Brien, Whitelaw and Brown was never documented. The barrister said the lack of documentation and contradictory statements about immunity and witness protection made it impossible for Kenny's lawyers to effectively present their case.
The Court of Appeal was informed that Daniel McDonnell, aged 22, who is serving a mandatory life sentence for the murder of 16‑year‑old Melanie McCarthy, is medically unfit to attend court due to a psychiatric illness. McDonnell, who was 19 at the time of the offence, had pleaded not guilty and was found guilty by a jury at the Central Criminal Court on 24 January 2014, receiving a life sentence. He was due to appeal his conviction on the day the appeal hearing was scheduled, but the court was told he could not attend. Counsel Bernard Condon requested a new date to obtain an up‑to‑date psychiatric report. The appeal hearing was postponed to 18 December, when a new date will be set. The case remains at the appeal stage, with no further outcome reported in the article.
Frederick Lee, aged 53, was convicted of murder in 1994 and sentenced to life imprisonment by Leeds Crown Court. He escaped from Shelton Abbey open prison in March 2016, living with his daughter in the UK before being apprehended under a European Arrest Warrant. Lee pleaded guilty to escaping lawful custody and had previously received a one‑month sentence for a 1987 escape. On appeal, the Court of Appeal reduced his escape sentence to 10 months, citing English case law that distinguishes between personal‑pressure and professional escapees. The judge noted Lee's escape involved planning but no violence or criminal activity while at large, and that he had been at large for three‑and‑a‑half months. Lee had already served one year and four months in Wheatfield Prison, which the judge considered as having been served. The appeal decision therefore set the final imposed term at 10 months, with no suspended portion or additional custody specified.
Daniel Barrett, 23, pleaded guilty to aggravated burglary at a neighbour's house on 13 August 2015, armed with an imitation shotgun. He was sentenced to eight years' imprisonment by Judge Rory McCabe on 23 November 2016. Barrett had planned to appeal the severity of his sentence. During the Court of Appeal hearing, Judge George Birmingham reminded him that the court could increase sentences. Barrett's counsel, Garnet Orange SC, informed the court that Barrett had decided to withdraw the appeal. The appeal was withdrawn and Barrett was taken to continue serving his sentence.
Alan Jones, 42, of Knockmore Park, Tallaght, was given a 10‑year jail term for four robberies and one attempted robbery in Dublin between 2007 and 2013. He had previously received suspended sentences for a €1,800 bank robbery in 2007 and a €2,000‑€3,000 bookmaker robbery in 2008, which were activated in December 2014 when he was convicted of robbing an off‑license, attempting to rob a woman at a Luas stop, and robbing a woman at an ATM. Judge Patricia Ryan imposed an eight‑year cumulative sentence, and Judge Desmond Hogan added a five‑year sentence with the final three years suspended, making the total 10 years. Jones appealed the severity of the sentence, but the Court of Appeal, led by Mr Justice John Hedigan, dismissed the appeal, upholding the 10‑year term and the activation of the suspended sentences. Alan Jones pleaded not guilty.
A man from Carrigallen, County Leitrim, has had his eight-year prison sentence upheld by the Court of Appeal following his conviction for serious sexual offences against a child. Damien Reilly, aged 40, pleaded guilty at the Central Criminal Court to three counts of sexual assault and five counts of rape committed between 1994 and 2000, when the victim was between nine and approximately fourteen years old. Mr Justice Patrick McCarthy imposed the eight-year sentence in January 2017. Reilly's legal team argued that the sentencing judge had failed to adequately account for mitigating factors beyond the guilty plea. However, Mr Justice Alan Mahon, delivering judgment for the three-judge panel, rejected this submission, finding that the four-year reduction from the headline sentence of twelve years reflected all mitigating circumstances. The court emphasised the gravity of the offences, which occurred over an extended period and exploited a position of trust. While acknowledging the sentence represented the outer limit of appropriateness, the court found it remained within judicial discretion.
Mark Nash is appealing his 2015 conviction for the murder of two women whose bodies were discovered in sheltered accommodation in Grangegorman twenty years earlier. Nash was found guilty at the Central Criminal Court and received a mandatory life sentence. He had already been serving life imprisonment for two murders committed in Ballintober, County Roscommon in 1997. At the Court of Appeal hearing, Nash's counsel challenged the forensic evidence, particularly DNA findings on a jacket seized during the investigation. The defence contended there was a risk of contamination at the State's Forensic Science Laboratory. The Director of Public Prosecutions' counsel argued the contamination theory required "a mind boggling series of coincidences" and submitted the case against Nash was "coercive and compelling" based on his admissions, DNA evidence, and footprint matches. The three-judge court reserved judgment.
The Court of Appeal has upheld the conviction of a man sentenced for the sexual abuse of a 14-year-old girl. Fergus Carson, aged 55, of The Green, Main Street in Convoy, County Donegal, was found guilty by a Central Criminal Court jury of six counts of sexual assault between May and September 2012. He was sentenced to five years imprisonment with the final 15 months suspended in March 2016. Carson's appeal challenged the fairness of the trial, contending he was denied adequate opportunity to cross-examine his accuser due to her demeanour in the witness box. Mr Justice Alan Mahon, delivering judgment, stated the complainant gave competent and impressive evidence. The court found the trial was fair, that the complainant made herself available for comprehensive cross-examination, and that any hesitancy benefited the defence. The three-judge court dismissed the appeal.
Christopher Higgins, aged 22, pleaded guilty to robbing a motorist in Limerick on 17 March 2015, taking €80 and a wifi dongle. He was sentenced to six years' imprisonment, with the final two years suspended, by Judge Tom O'Donnell in May 2016. Higgins appealed, arguing that mitigating factors were not fully considered. The Court of Appeal, led by Mr Justice Michael Peart, found that the evidence from parish priest Fr Tony O'Riordan—who had known Higgins for years, arranged a trial of employment, and had him stay with the priest for six or seven weeks—demonstrated a real prospect of rehabilitation. The court imposed a new six‑year sentence but suspended the balance as of 14 November, allowing Higgins to be released next month under a good‑behaviour bond and practical arrangements to support his rehabilitation.
Wayne Dundon (39) and Nathan Killeen (27) had their convictions for the murder of Roy Collins (35) upheld by the Court of Appeal on 19 October 2017. Collins, a father of two engaged to be married, was shot at Coin Castle Amusements on 9 April 2009 and died in hospital. The Special Criminal Court had found Dundon had ordered the murder from prison and Killeen was the getaway driver for gunman James Dillon, giving both men mandatory life sentences. In the appeal, Mr Justice George Birmingham, joined by Mr Justice Alan Mahon and Mr Justice John Edwards, dismissed the appeals, stating the trial court had been satisfied that it was legitimately open to convict Dundon on the evidence of Anthony "Noddy" McCarthy, a civilian witness who claimed to have heard Dundon order the killing. The court noted that the evidence of other witnesses was peripheral or uncorroborated. Wayne Dundon pleaded not guilty. Nathan Killeen pleaded not guilty.
The Court of Appeal ruled it would not interfere with a jury verdict that found a 46‑year‑old man guilty of raping and sexually assaulting his former partners' daughters between 1992 and 1997. The Central Criminal Court jury had convicted him of rape and multiple counts of sexual assault, most involving the youngest sister when she was aged 12‑14. He had denied the charges. He was sentenced to nine years' imprisonment on 28 July 2015. In his appeal, his barrister invoked the UK case Queen v Cooper, arguing that a "lurking doubt" could justify overturning the conviction. Judge John Hedigan rejected that test, stating that concepts such as "lurking doubt" or a "gut feeling" do not apply in Ireland. He found the complainants' evidence credible and dismissed the appeal, affirming the jury's verdict. The sisters had only learned of the abuse in 2010, and formal complaints were made in 2012.
In a case heard by the Court of Appeal, Slovakian national Jakub Jesenak, aged 31, was found guilty of assault causing harm and threatening to kill his pregnant partner in front of their 20‑month‑old daughter. The original sentence of three years imprisonment, with the final year suspended, was imposed by Judge Pauline Codd on 5 May 2017. The Court of Appeal upheld the sentence, ruling that it was not too severe. The offence occurred on 12 June 2016 at the couple's former home in Dublin. Jesenak had been drinking and, after his partner returned from a baby market, he grabbed her arm, punched her face, pulled her hair, threatened to kill her, and attempted to strangle her. Gardaí were called, Jesenak was arrested, and he has had no contact with the victim since being granted High Court bail. The victim suffered bruising, cuts to her face and legs, but the baby was delivered healthy.
The Court of Appeal will review video recordings of a complainant's full evidence in a sexual assault case following an appeal by the convicted man. Fergus Carson, aged 55, of Main Street in Convoy, County Donegal, was convicted by jury in the Central Criminal Court last year of six counts of sexual assault of a girl at a relative's residence between May and September 2012. He received a five-year sentence with the final fifteen months suspended in March 2016. Carson's barrister argued on appeal that fairness and the right to confront the accuser were at issue, contending the complainant became unresponsive during cross-examination when questioned on inconsistencies in her account. The Director of Public Prosecutions' counsel submitted the cross-examination had been conducted professionally and the jury was fully aware of the witness's demeanour throughout. A three-judge panel comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards reserved judgement pending review of the evidence recordings.
Michael McDonagh, 29, of Carna Road, Ballyfermot, pleaded guilty to robbing an Applegreen filling station in Ballyfermot on 25 July 2014 while on temporary release from prison. He was sentenced by Judge Patricia Ryan on 29 April 2016 to five years' imprisonment, with the final two years suspended and the final six months suspended, making a consecutive term of three years. McDonagh, who was 26 at the time of the robbery and had 126 previous convictions, was described by the court as having a very bad record and a long‑standing alcohol and drug problem. The robbery involved an accomplice who threatened a staff member with a knife and a knife was used by the accomplice. The pair stole €1,050. McDonagh appealed to the Court of Appeal, arguing the sentence was excessive and that the judge had not adequately considered his background and drug debt.
The Court of Appeal confirmed the appointment of insolvency practitioner Mr Neil Hughes as examiner to seven Galway‑based companies controlled by Gerry Barrett, following a High Court decision that had dismissed an application for examinership for four firms linked to the G Hotel and Eye Cinema. The High Court had earlier appointed Hughes to three other related companies involved with the Meyrick Hotel. Deutsche Bank, which had appointed a receiver and opposed the examinership, argued it was an abuse of process and that the companies were attempting to renege on a 2016 debt settlement agreement that would have sold assets to reduce the debt to the bank. The appeal court, comprising Justices Mary Finlay Geoghegan, Michael Peart and Gerard Hogan, allowed the companies' appeal and confirmed Hughes as examiner for all seven firms, rejecting DB's cross‑appeal.
Jack Donohue, aged 82 and from Holdenstown, Baltinglass, Co Wicklow, was convicted in 2017 for indecently assaulting an eight‑year‑old girl between 1968 and 1969. He had originally been sentenced to two years' imprisonment, with the last six months suspended. On appeal, the Court of Appeal found that a larger portion of the sentence should have been suspended because of Donohue's poor health and frailty. The judge noted that the victim had grown up on a farm where Donohue worked and that the abuse involved digital penetration and other sexual contact. Donohue had no prior convictions and was described as a man of good character who lived a quiet, isolated life. The Court re‑sentenced him to two years' imprisonment, suspending the final 15 months, so that 18 months would be served in custody. The decision was made by Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Hedigan. Jack Donohue pleaded guilty.
In a 2017 appeal, a 58‑year‑old carer from Mullingar was found guilty of indecent assault on a 24‑year‑old vulnerable male resident at a residential care centre. The resident, who had a mild intellectual disability and various physical ailments, alleged that the carer, while the resident was bathing at about 8 pm, had put his hand in the bath and attempted to touch him. The resident had previously complained to a nurse in December, leading to an internal investigation and the carer's suspension with pay, after which he was allowed to resume work. Gardaí later opened a criminal investigation, resulting in the 2014 conviction of a single count of indecent assault, for which the court imposed a wholly suspended 12‑month sentence. The Court of Appeal upheld the conviction, ruling that the offence covers both the apprehension of and actual uninvited, unwelcome physical contact. The appeal was dismissed on all grounds. The unnamed 58-year-old pleaded not guilty.
The Court of Appeal has upheld the serious assault convictions of Bill O'Driscoll (31) and Damien Fitzgerald (28), both from Cork, despite their legal teams' arguments for acquittal due to insufficient evidence. Both men had pleaded not guilty at Cork Circuit Criminal Court to charges of assault causing serious harm to Karol O'Keeffe at the Quarry Steps, Windsor Cottages, St Luke's, Cork on November 25, 2013, and also denied a charge of robbery. They were found guilty by a jury on both counts and sentenced to eight years imprisonment by Judge David Riordan on June 15, 2015. Both remain in custody serving their sentences. The appeal was based on the claim that the trial judge erred in not instructing the jury that the men had 'no case to answer'. However, Mr Justice John Edwards dismissed this, stating that the evidence was sufficient to support the convictions. The court noted that the prosecution's case was based on circumstantial evidence, but that multiple pieces of evidence, including forensic and CCTV evidence, as well as the men's replies during garda interviews, were significant. The appeal was allowed on the ground that the trial judge erred in law regarding the possibility of an alternative verdict on the robbery charge. The convictions for serious harm were upheld, while the robbery convictions were quashed. The Director of Public Prosecutions will consider whether a retrial on the robbery charge is appropriate.
Denis Casey, former chief executive of Irish Life and Permanent, has withdrawn his appeal against the severity of his prison sentence. Casey was convicted in July 2016 of conspiring to mislead investors about Anglo Irish Bank's value, using interbank loans to inflate the bank's worth by €7.2 billion between 1 March and 30 September 2008. The Court of Appeal upheld the convictions and Casey's sentence of two years and nine months imprisonment. His barrister, Michael O'Higgins SC, formally withdrew the appeal, requesting the Court of Appeal amend a technical point in its 138‑page judgment so it could be litigated in the Supreme Court. O'Higgins clarified that the withdrawal was not an attempt to reopen or reargue the appeal, which had been heard over five days in March. Justice Seán Ryan noted the court would consider the matter and issue a decision in the next legal term.
A former GAA coach's conviction for sexually abusing five boys has been upheld by the Court of Appeal. Ronan McCormack, aged 75, from Cuppanagh, Cloonloo, Co Sligo, was found guilty at Sligo Circuit Criminal Court of 53 counts of indecently assaulting boys aged between 10 and 13 at various locations between October 1981 and August 1986. He was sentenced to seven years and 10 months imprisonment, with the final two years suspended, in July 2014. The three-judge Court of Appeal dismissed his appeal, finding the complainants' evidence "powerful and indeed compelling". While the court identified issues with the trial judge's handling of corroboration matters, it determined these were not significant enough to undermine the conviction. The court noted the case was particularly strong, with striking similarities in the evidence presented.
In July 2017 the Court of Appeal upheld a 15‑year driving ban imposed on 52‑year‑old truck driver Tim Walsh of Moneen, Cork, after he pleaded guilty to dangerous driving that caused serious bodily harm to cyclist Vincent O'Driscoll in August 2013. Walsh had been jailed for three years and disqualified from driving for 15 years by Judge Seán O'Donnabháin. The appeal court found that on the day of the incident Walsh was operating a 42‑tonne lorry loaded with timber that was "manifestly unroadworthy", with 70 defects including a cracked rear side mirror that prevented him from seeing the cyclist. He attempted to overtake on a rising bend, pulled back before clearing the cyclist, and the cyclist was struck by the rear wheels of the trailer. O'Driscoll suffered life‑threatening injuries, including a severed spinal cord that shortens his life expectancy by 15‑30 years, and is now confined to a wheelchair.
Samuel Devlin, 59, was convicted by the Special Criminal Court for possessing PETN at Finnstown House Hotel's 'Golf Suite' on 11 May 2014. The court found evidence of a 26‑metre detonator cord, hidden in a laptop case, with PETN in its core, and linked Devlin to the cord via fingerprints and DNA. The suite had been booked under "Joe Murphy" since 31 March, and Devlin had been present from 9 May. Gardai searched the suite at 10.25 am after a warrant was issued amid the discovery of a car bomb in the hotel's car park. Devlin's appeal was dismissed by the Court of Appeal, which upheld the conviction and the admissibility of the evidence, including the DNA and the warrant's urgency. He remains sentenced to six years' imprisonment.".