The Court of Appeal quashed the convictions of former Anglo Irish Bank executives Tiarnan O'Mahoney (56) and Bernard Daly (67) for furnishing false information to the Revenue Commissioners and conspiring to delete bank accounts. The convictions, obtained by a jury at Dublin Circuit Criminal Court, had led to O'Mahoney's three‑year sentence and Daly's two‑year sentence in July 2015. The appeal was successful on several grounds: the proceedings were not commenced within the ten‑year limitation period; the charges were reformulated after the defendants were formally charged, creating a procedural error; the defendants were charged as principals rather than officers; and a substantial number of documents were wrongly admitted as evidence. The court also held that the conspiracy charge against Daly should have been withdrawn from the jury, and that the evidence against him was thin and tenuous. O'Mahoney's appeal was based on multiple complaints about the trial, and the court will consider whether a retrial is necessary.
In March 2011, Colm Deely of Ballyvaughan was convicted of murdering 43‑year‑old Deirdre McCarthy. The Central Criminal Court found him guilty of killing her between 11 pm on 27 March and noon the next day. After her body was discovered, Deely stabbed himself in the stomach and was hospitalised. He claimed he had not intended to kill her, saying she had blackmailed him and that she laughed at him. He was sentenced to life imprisonment and is set to appeal the conviction in June 2016.
Reginald Arnold, 58, of Cork, was convicted of sexual assault, attempted rape and restricting a child's liberty for abusing his step‑daughter between April 2008 and August 2010. A jury found him guilty and he received an 11‑year sentence, with the final two years suspended, imposed by Mr Justice Patrick McCarthy on 19 June 2014. Arnold appealed his conviction and sentence, but the Court of Appeal dismissed both appeals. Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, upheld the conviction, noting that the trial judge had exercised discretion appropriately and that no corroboration warning was required. He also rejected the sentence appeal, stating that the 11‑year term, with two years suspended, fell within the range of sentences the trial judge could impose. The step‑daughter, who waived anonymity, testified of repeated touching, masturbation, being tied to a bed and attempted rape, beginning when she was 12. Reginald Arnold pleaded not guilty.
In 2016 the Court of Appeal quashed the convictions of Eleanor Joel, aged 41, and her partner Jonathan Costen, aged 43, for the unlawful killing by neglect of Evelyn Joel, a 59‑year‑old multiple sclerosis sufferer. The couple had been found guilty in 2013 and received a two‑year suspended sentence with a condition of 230 hours of community service. The appeal was successful on several grounds, including the claim that statutory agencies, not the couple, were responsible for the neglect, the lack of adequate HSE visits in the final months of Evelyn's life, and procedural issues such as the replacement of a juror without legal counsel present. The Court of Appeal held that these factors undermined the fairness of the trial and therefore quashed the convictions. The Director of Public Prosecutions was advised to consider whether to seek a retrial. Jonathan Costen pleaded not guilty.
Three youths – Roman Hricko (20), Miroslav Hricko (19) and David Hanak (21) – had each been sentenced to seven years' imprisonment in 2014 for assault causing serious harm to a 59‑year‑old retiree, Donal O'Mahoney, in Tralee on 26 August 2012. The assault was described as a vicious, concerted attack that left O'Mahoney unconscious, with loss of sight in his left eye, and caused a friend to suffer a fractured jaw and cheekbone. The youths, who had been at a house party drinking large amounts of whiskey, were originally from the Czech Republic and had no prior convictions. On appeal the Court of Appeal, with Mr Justice George Birmingham presiding, agreed that portions of the sentences should be suspended to encourage rehabilitation. The court decided to suspend the final 18 months of each man's seven‑year term, and each must enter a €100 good‑behaviour bond for two years after release. Roman Hricko pleaded guilty. Miroslav Hricko pleaded guilty. David Hanak pleaded guilty.
The Court of Appeal held that a man who failed to appear in Edinburgh court while on bail committed a statutory offence under Irish law. Pablo Tellarini Prieto, charged with a serious assault in Scotland, had been granted bail on 26 April 2013. He missed a procedural hearing in January, prompting a warrant for his arrest. He was later arrested in Ireland on a European Arrest Warrant issued 5 June 2014, and extradition proceedings have continued. The High Court found the offence matched the common‑law offence of criminal contempt but not the statutory offence under section 13 of the Criminal Justice Act 1984. The Appeal Court, in a majority, reversed that conclusion, finding the offence did correspond with section 13 and reaffirmed the order for surrender. A dissenting judge disagreed, noting no recognisance or monetary commitment was involved. The order requires Prieto's surrender to Scottish authorities within a 10‑day period after a 15‑day notice.
In the Supreme Court case Minister for Justice v O'Connor, the Court granted O'Connor leave to appeal a Court of Appeal decision that the State's provision of legal aid on an administrative basis for European Arrest Warrant (EAW) cases does not breach the constitutional guarantee of equal treatment before the law (Article 40.1). The High Court had allowed O'Connor's surrender under an EAW request and rejected his claim that the administrative scheme for legal aid, where the Attorney General's office may refuse costs, violated equality. The Court of Appeal upheld these decisions, with Justice Hogan dissenting, arguing that the distinction between statutory legal aid for International Criminal Court cases and administrative aid for EAW cases breached Article 40.1.
In 2016 the Court of Appeal found the sentences given to two men for their roles in Ireland's largest cannabis‑growing facility too lenient. Rory Kilkenny, 33, pleaded guilty to possession of cannabis for sale and was originally sentenced to four years. Christopher Zinck, 32, also pleaded guilty and received a wholly suspended nine‑year sentence. The Court of Appeal re‑sentenced Kilkenny to 12 years, suspending the final four, and reduced Zinck's sentence by one year, keeping it suspended, hoping his rehabilitation could be preserved. The facility, discovered in Piltown, Kilkenny, contained 2,504 plants and 43.54 kg of cannabis, valued at €2,874,174. Three Asian gardeners were sentenced to seven years with six suspended. The Court noted Kilkenny's essential role and a subsequent offence in 2014, and Zinck's involvement in a serious enterprise but also his exceptional recovery, leading to the adjusted sentences.
In a 2016 Court of Appeal decision, a suspended five‑year prison sentence for possession of cannabis with intent to supply was upheld for Alan Wallace, a 47‑year‑old wheelchair‑bound man from Clondalkin. Wallace had pleaded guilty in November 2014 to unlawful possession of cannabis for supply at Ballyowen Road, Lucan, on 17 April 2014. The original sentence, imposed by the Dublin Circuit Criminal Court in May 2015, was a five‑year term suspended in its entirety on the condition that Wallace pay a €100 bond, keep the peace and exhibit good behaviour for five years. The Court considered the DPP's appeal that the sentence was "too lenient", noting Wallace's active role in transporting the drugs and the high street value of €180,000. The Court found the sentence "lenient but not unduly lenient", citing mitigating factors such as Wallace's guilty plea, cooperation with Gardaí, and his serious medical condition requiring wheelchair use.
An associate of former Italian Prime Minister Silvio Berlusconi, Frank Agrama, has applied to the Court of Appeal for leave to bring judicial review proceedings against the Irish Justice Minister's appointment of Judge John O'Neill to take evidence relevant to Agrama for transmission to Italian authorities. Agrama, who denies the charges, was acquitted in 2014 of aggravated misappropriation and tax fraud, but the Italian prosecution has appealed the acquittal. The Minister's nomination of Judge O'Neill was refused leave by Mr Justice Richard Humphreys, who said the appointment was ultra vires because the material was intended for an Italian appeal, not an Irish investigation. The taking of evidence from two witnesses has been fixed for the Dublin District Court. Agrama's counsel, Paul Gardiner SC, argues the Minister acted ultra vires and seeks a judicial review.
Patrick Maughan, aged 29, was sentenced to ten years in prison, with three years suspended, for setting fire to an apartment complex in Thornfield Square, Clondalkin, on 7 July 2013. The arson was carried out outside apartment 31, where a resident, awake and caring for a sick child, raised the alarm. The blaze forced the evacuation of 39 people, including children, and required repairs to 20 apartments. Residents were housed elsewhere for eight months, and the complex owner incurred €517,000 in losses. Maughan claimed the attack was part of a family feud and that he was "out of it" due to drink and valium. A psychologist reported an IQ of 56, placing him in the bottom two per cent of the population. His appeal to reduce the sentence was dismissed by the Court of Appeal. Patrick Maughan pleaded guilty.
Martin McBride, 47, of Enniscorthy, pleaded guilty in 2011 to possessing €97,000 of cannabis for sale in Cork. While on bail, he was later caught with €40,000 of cannabis in Wexford. He received a seven‑year sentence in Cork and a consecutive ten‑year minimum in Wexford, totaling 17 years. His lawyer, Bernard Condon SC, appealed, arguing that the Wexford offence was a second offence triggering a mandatory minimum only if a conviction had already been recorded, and that the conviction was not yet formalised at the time of the second offence. He also questioned whether consecutive sentencing for bail offences and mandatory minimums should apply simultaneously. The Court of Appeal noted the case and reserved judgment. The article reports only the procedural arguments and the 17‑year sentence, without any further outcome.
Dylan Paul, 22, was jailed for violent disorder at an 18th birthday party in Harold's Cross and for sending a menacing text in November 2011. He was sentenced to 18 months' imprisonment by Judge Pat McCartan on 27 June 2013. In February 2016 the Court of Appeal quashed that sentence and imposed a suspended 18‑month term, requiring Paul to carry out 210 hours of community service within 12 months, pay €1,000 to the Forever Angels UK Charity, and keep the peace and be of good behaviour during the suspension. The appeal was based on the original judge's concern that Paul had not named names and had declined to do so, leading to a significant custodial sentence. Paul had been employed part‑time as a caterer for Baxter Storey in RTE and had no prior convictions at sentencing. The court noted his later involvement in a cannabis offence but did not impose immediate incarceration. Dylan Paul pleaded guilty.
The Court of Appeal was informed by the State that 1,400 drink‑driving prosecutions are delayed because a ruling held that breath‑alyser statements printed only in English were invalid. The Director of Public Prosecutions appealed a decision that a failure to produce the Irish‑language half of the statement meant the evidence was inadmissible. The case originated from a 2014 District Court hearing in which solicitor Michael Staines argued that the Evidenzer Irl breath‑alyser produced two identical statements, one in English and one in Irish, and that the English‑only statement was not duly completed. Judge Colin Gibbons ruled it was incomplete, and High Court Judge Seamus Noonan confirmed that both language halves must be supplied. The DPP's counsel argued that the regulations provide two separate schedules, one in each language, and that the English statement alone was sufficient. Judge George Birmingham, joined by Judges Alan Mahon and John Edwards, noted the court would reserve judgment.
On 2 February 2016 a seven‑judge panel heard the DPP's appeal against the Court of Appeal's decision in DPP v Maher. The Court of Appeal had held that, following the 1937 Constitution and the 1935 Criminal Law Amendment Act, the maximum sentence for indecent assault against a male between 1981 and 1991 was two years, the same as for a female at that time. The DPP argued that the Supreme Court had misapplied DPP v SM, which had not limited the penalty for a male to two years but had only set a statutory maximum of ten years for a female. The Supreme Court, in its determination, agreed that the issue was of general public importance and allowed the appeal, recognising that the correct sentencing guidelines for indecent assault against a male between 1981 and 1991 should be based on the statutory maximum of ten years rather than the two‑year limit imposed by the Court of Appeal. The unnamed accused pleaded guilty and was convicted.
In a 2016 Court of Appeal case, prosecutors requested a review of a judge's ruling on the admissibility of mobile phone mast records in criminal trials. The appeal followed a directed acquittal of two individuals in a historic crime, whose identities and alleged offence remain undisclosed. Prosecutors argued that the judge had incorrectly extended the requirement for such evidence, claiming that the records could not reliably link phones to accused persons because the exact location of calls was never established. They contended that the evidence only showed calls were made within a mast's coverage area, not from a specific place, and that the jury should decide the relevance. Defence counsel highlighted two reliability issues: masts sometimes being turned off and calls being rerouted due to overload, which could distort records. They noted maintenance logs were available for three years but not timely.
A man from Kingscourt, County Meath, has had his prison sentence substantially increased by the Court of Appeal following a successful appeal by the Director of Public Prosecutions. Adrian Magennis, aged 49, pleaded guilty at Monaghan Circuit Criminal Court to assaulting his ex-partner at her home on January 4, 2014. He was originally sentenced to twelve months imprisonment in June 2015, which the appellate court deemed unduly lenient. The Court of Appeal, led by Mr Justice Garrett Sheehan, imposed a four-year sentence with the final sixteen months suspended. The court heard that Magennis caused serious injuries including a shattered leg requiring surgical intervention. Evidence indicated he subsequently brought the victim to a garda station to withdraw her complaint, though she later stated she had been intimidated. Mr Justice Sheehan noted the assault occurred within a domestic context involving significant physical violence. Magennis was ordered to enter into his own bond of one hundred euro to keep the peace during the suspension period.
A Dublin man's prison sentence for violent disorder has been increased by the Court of Appeal. John Doyle, aged 26 and residing in County Meath, had pleaded guilty at Cavan Circuit Criminal Court to violent disorder committed in Belturbet, County Cavan on 24 February 2014. He was originally sentenced to two years imprisonment in June 2015. The Director of Public Prosecutions successfully appealed on grounds of undue leniency. The Court of Appeal increased the sentence to five years, with the final two years suspended for a period of five years. Mr Justice John Edwards stated that Doyle was one of four men who broke into the home of a vulnerable resident. The victim sustained serious injuries including a stab wound and scalp laceration during the incident. The court considered it a serious case warranting the increased custodial term. Doyle was required to enter into a bond of one hundred euro to keep the peace during the suspension period.
In a 2016 Court of Appeal hearing, lawyers for Bernard Daly (67) and Tiarnan O'Mahoney (56) argued that their clients' convictions for conspiracy to defraud the Revenue and for deleting bank accounts were the result of an unfair trial. Daly, a former company secretary, and O'Mahoney, a former deputy head, had been found guilty by a jury at the Dublin Circuit Criminal Court and sentenced to two and three years' imprisonment respectively on 31 July 2015. Counsel Seán Guerin SC contended that the prosecution misrepresented evidence, altered the indictment on the morning of the trial, and that the trial judge made new, inaccurate statements that prejudiced the jury. He requested the Court of Appeal to restore the defendants' good character and overturn the convictions, citing the trial's procedural errors. The prosecution, represented by Dominic McGinn SC, maintained that the indictment was accurate and that no unfairness had occurred.
The Court of Appeal will rule "as soon as possible" on an appeal by a man alleged to be an ISIS recruiter, whose deportation from Ireland has been halted by the European Court of Human Rights. The man, who cannot be named for legal reasons, has argued that Article 3 of the European Convention on Human Rights bars his removal while his legal actions are unresolved. He fears torture if deported to a Middle Eastern country and has brought proceedings to prevent it. The State claims he is a threat to national security, describing him as the "foremost organiser and facilitator of travel by extremists" and the "main recruiter" for ISIS in Ireland. The High Court set aside a temporary injunction that had stopped his deportation, and the appeal was heard by Justices Peart, Sheehan and Alan. The Court of Appeal is expected to decide within weeks or months, but no exact date has been given.
The Court of Appeal was told that the State's case against former Anglo Irish Bank officials Tiarnan O'Mahoney (56) and Bernard Daly (67) was astonishingly weak. Both men had been convicted of conspiring to conceal or alter bank accounts and of furnishing false information to the Revenue Commissioners. Judge Patrick McCartan had jailed O'Mahoney for three years and Daly for two years on 31 July 2015. In December, the Court of Appeal quashed an 18‑month sentence for co‑accused Aoife Maguire, replacing it with a nine‑month sentence suspended in its entirety. Counsel for Daly, Seán Guerin SC, argued that the prosecution had misled the jury, failed to explain why Daly was guilty, and relied on a flawed investigation and erroneous judge's instructions. Counsel for O'Mahoney, Brendan Grehan SC, challenged the admissibility of Daly's unedited Garda interview, claiming it prejudiced O'Mahoney's right to a fair trial. Both appeals remain pending.
Two former Anglo Irish Bank executives, Tiarnan O'Mahoney and Bernard Daly, are appealing convictions for conspiring to conceal or alter bank accounts sought by Revenue. O'Mahoney, aged 56, received a three‑year sentence; Daly received two years. The Court of Appeal was told that the trial judge's rulings were erroneous and that evidence presented was flawed, including cross‑examination of witness Brian Gillespie, an email from Ms. Aoife Maguire, evidence from James Shaw, and unedited interviews of Mr. Daly. The defence argued that these pieces of evidence unfairly altered the case from circumstantial to direct, prejudicing the accused. The appeal also highlighted that the investigation was outsourced to an internal fraud investigator and that the statutory time limit for charging the offences had not been met. The case remains before the Court of Appeal.
The Court of Appeal has dismissed an appeal by Robert Mills, a 25-year-old from Lissadel Green, Drimnagh, Dublin 12, who had pleaded guilty to two charges of possession of a controlled drug with intent to supply in December 2015. The appeal challenged the trial judge's ruling that garda evidence of purchasing drugs from him was admissible, arguing the operation breached his Article 6 rights under the European Convention on Human Rights due to a lack of proper authorisation. Mr Justice Alan Mahon dismissed the claim, stating the operation was sanctioned by the Garda Commissioner and that Mills was provided with no more than an unexceptional opportunity to commit a crime, which he freely took. However, the judge described the failure of An Garda Síochána to implement a proper protocol for undercover drug operations as "unsatisfactory." He noted that Ireland lacks a formal system for authorising and supervising such operations, which are currently conducted with a degree of informality. Justice Mahon recommended that Ireland look to the British system, suggesting a Code of Practice possibly based on the UK model should be established to ensure greater formality, record-keeping, and dedicated recording of details to assist in court proceedings arising from undercover operations.
Jason Kavanagh, aged 41, was sentenced to 15 years' imprisonment in January 2014 for his role in a 2005 tiger kidnapping and robbery that involved the false imprisonment of a family at Ashcroft, Raheny, and the theft of €2.28 million in cash from Paul Richardson and Securicor Security Services Ireland Ltd. He and three co‑accused pleaded not guilty to the charges. The jury could not reach a verdict on two of the co‑accused and found a third not guilty. Kavanagh was due to appeal the severity of his sentence in the Court of Appeal, but Judge George Birmingham postponed the hearing, citing difficulties with the court's constitution. The judge advised Kavanagh's barrister that the court had "full powers" to consider the appeal. The case was rescheduled for a later date. Kavanagh had previously served 25 years from a 2009 conviction that was quashed by the Court of Criminal Appeal in 2012.
Anthony Buck, aged 41, was convicted of murdering David Nugent in Tipperary on 8 July 1996 and received a mandatory life sentence on 2 February 1998. He appealed to the Court of Appeal seeking to have his conviction quashed on the basis that new facts had emerged following the Supreme Court's Gormley and White decision, which concerned access to a solicitor during Garda interviews. Buck's counsel argued that the decision should allow a miscarriage of justice claim under the Criminal Procedure Act 1992. The Court of Appeal, comprising Justices Birmingham, Sheehan and Mahon, dismissed the application. Justice Birmingham noted that Buck's case differed materially from Gormley and White, that no newly discovered fact existed, and that the appeal lacked substance. The Director of Public Prosecutions' motion to dismiss was also upheld. The conviction remains in force. Anthony Buck pleaded not guilty.
In 2015 the Court of Appeal ruled that a man who had been abused as a child at St Gabriel's Hospital in Cabinteely could not have his compensation claim reconsidered by the Residential Institutions Redress Board. The man, transferred from the National Children's Hospital, was subjected to confinement, force‑feeding, sedation and was hung upside down by nurses while being held out a window and swung like a pendulum. He had originally received €6,000, which the Review Committee increased to €34,000. He appealed to the High Court, which remitted the case back to the Board, but the Review Committee appealed on the basis that St Gabriel's was not a scheduled institution. The Court of Appeal upheld the committee's appeal, confirming the €34,000 award and stating the man fell outside the scheme because the institution was private and not subject to state inspection.
Bryan Ryan, aged 31, originally from Blanchardstown but with an address in Louisburgh, County Mayo, is serving a life sentence for the murder of Ian Tobin in May 2007. Ryan was convicted by majority verdict at the Central Criminal Court in 2013 after initially being convicted in 2008, a conviction later quashed. He pleaded not guilty to the charge. At the Court of Appeal on Thursday, Ryan's counsel argued that gardaí pursued an agenda to secure a confession by improper means, including misrepresenting the law on manslaughter and overstating evidence. Counsel submitted the confession was unreliable, particularly as Ryan confessed to burning motorcycle parts and clothing that forensic evidence did not support. The defence further contended that alleged constitutional breaches during interviews could not be remedied by a brief conversation with his solicitor. The Director of Public Prosecutions' counsel maintained the core evidence came from a protected witness and that the confession was properly obtained. The Court of Appeal reserved judgment.
A GAA player from Castlebar, County Mayo, has been released from prison following a successful appeal against his sentence for assault. Michael Prendergast pleaded guilty to causing harm to an opponent during a football match between Bohola Moy Davitt's and Davitt's GAA Club at Ballindine in September 2013. He was originally sentenced to two years imprisonment, with the final twelve months suspended. The Court of Appeal found that the sentencing judge had erred in principle by relying primarily on the injured party's account rather than the referee's match report when determining the context of the assault. The appeal court quashed the original sentence and imposed twelve months imprisonment instead, with the balance suspended on condition of one hundred hours community service. The court noted mitigating factors and character references submitted on Prendergast's behalf.
A man from Buncrana, Co Donegal, has had his sentence doubled following a Court of Appeal finding that his original jail term was unduly lenient. Shaun Kelly, aged 27, had pleaded guilty at Letterkenny Circuit Criminal Court to dangerous driving causing the deaths of eight men on a road between Clonmany and Buncrana on 11 July 2010. He was originally sentenced to four years imprisonment with the final two suspended. The Court of Appeal set aside this sentence and re-sentenced Kelly to eight years imprisonment with the final four suspended. Mr Justice George Birmingham described the incident as the worst road traffic accident in the history of the State. The judge noted Kelly's high culpability, the multiple fatalities, and his previous conviction for dangerous driving, whilst acknowledging mitigating factors including his youth, guilty plea, and the extraordinary generosity shown by victims' families. Kelly was also disqualified from driving for ten years.
The Court of Appeal in Letterkenny is reconsidering the sentence imposed on a Buncrana man convicted of dangerous driving that caused eight deaths on a Donegal road in July 2010. Shaun Kelly, aged 27, had pleaded guilty at Letterkenny Circuit Criminal Court to the fatal collision between Clonmany and Buncrana. He received four years imprisonment with the final two years suspended, plus a ten-year driving disqualification. The Director of Public Prosecutions successfully challenged the sentence as unduly lenient, citing it as the most serious fatal collision and dangerous driving case in the State's history. The Court of Appeal agreed and commenced re-sentencing proceedings. During proceedings, the court received impact statements from three victims' families. Mr Justice George Birmingham stressed that while victim submissions warrant consideration, they cannot determine sentencing, which remains a matter of public prosecution by the State. The court indicated it would deliver its re-sentencing decision on the same day.
The Court of Appeal has reserved judgement in the case of a man convicted of murder in connection with a dissident republican shooting in Donegal. Martin Kelly, aged 41, from Strabane, County Tyrone, was found guilty by the Special Criminal Court of the murder of Andrew Burns at Donnyloop, Castlefin on 12 February 2008, and received a mandatory life sentence in January 2012. Mr Burns was shot twice in the back in a church car park. Kelly's appeal centres on the legal doctrine of joint enterprise. His counsel argued that while Kelly agreed to drive Mr Burns to the location for a planned kneecapping, he was unaware the actual intention was a deliberate execution. The Director of Public Prosecutions' counsel contended that Kelly knowingly delivered Mr Burns to be shot and must have foreseen the grave risk of death. The court noted that UK authorities are examining murder convictions based on joint enterprise doctrine, and indicated this may inform its consideration. Martin Kelly pleaded not guilty.
The Court of Appeal has reserved judgment on Brian Meehan's appeal to have his 1999 conviction for the murder of journalist Veronica Guerin declared a miscarriage of justice. Meehan, 47, is serving a life sentence in Portlaoise prison after a 31‑day trial by the Special Criminal Court in July 1999. His appeal is based on new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan, who was acquitted of Guerin's murder. The new evidence concerns the identification parade of Russell Warren, the "admitted accomplice" and protected witness, who was not identified by Ms Marion Finnegan, a witness who saw someone on the steps of Naas courthouse on the day of the shooting. Meehan's counsel, Hugh Hartnett SC, argues that this failure to identify Warren was unknown to the defence, the court and the prosecution, and therefore constitutes a new fact.
Anthony Atkinson, a 49‑year‑old UK national from Queensbury, Bradford, pleaded guilty to possessing €155,000 worth of cocaine for sale or supply at Dublin Port on 31 October 2014. He was originally sentenced to 10 years' imprisonment, with the final three years suspended. On appeal, the Court of Appeal re‑sentenced him to 10 years' imprisonment, suspending the final four‑and‑a‑half years. The court noted that the drugs were concealed in a door panel of a vehicle stopped by customs officers, and that Atkinson admitted transporting them to settle a drug debt. He had 42 prior convictions, mainly for small drug offences, and had struggled with drug addiction since 1992. The judge cited his early plea, admissions to Gardaí, treatment efforts, and his status as a foreign national as mitigating factors. The final suspended term was four‑and‑a‑half years, leaving a 10‑year custodial term.
Timothy Fogarty, 55, of Gurtnaskeha, Tour, Co Tipperary, was found guilty of possession of an electric‑powered air rifle with intent to unlawfully intimidate Fiona Ryan, the female owner of a local pub, on 20 June 2011. He had pleaded not guilty. The jury sentenced him to four years' imprisonment, with the final 12 months suspended, on 27 June 2014. Fogarty appealed on the basis that the sentencing judge had placed the offence at the most serious end of the range. The Court of Appeal, led by Mr Justice Garrett Sheehan, agreed that the incident was momentary and that Fogarty's reduced cognitive functions warranted mitigation. The appeal was successful and the sentence was reduced to three years' imprisonment, with the final 12 months suspended for two years post‑release, on condition that he keep the peace, be of good behaviour and have no dealings with the injured party or her family.
Conan Murphy, 29, son of former Real IRA bomber Colm Murphy, had his 2012 conviction for possession of explosives at Aghaboys, Dundalk, quashed by the Court of Appeal. The Special Criminal Court had sentenced him to eight‑and‑a‑half years after finding him guilty on 22 May 2010. The appeal was based on the Supreme Court's declaration that a section of the Offences Against the State Act was unconstitutional, which the Special Criminal Court had not allowed to be considered. The Court of Appeal ordered a retrial and remanded both Murphy and co‑accused Philip McKevitt, 62, back to the Special Criminal Court. The appeal highlighted that the legal landscape had changed fundamentally and that the case required a new trial to address the altered circumstances. The decision was made on 6 November 2015.
Jerry Sheahan, aged 40, was convicted in 2011 of having sexual intercourse with three under‑age girls aged 15 to 17, whom he contacted online by posing as a teenage boy. He received three consecutive two‑year sentences, totalling six years, on 15 November 2011. On appeal, the Court of Appeal reduced the sentence to three years imprisonment on each count, to run concurrently. The court noted that Sheahan had used a teenage boy's photo on the under‑18 section of tagged.com, met the girls in isolated locations, and had a car to transport them. He had told two girls he was in his thirties before meeting them. The appeal judge cited Sheahan's guilty plea, cooperation, lack of prior convictions and a forensic psychological assessment indicating low risk of re‑offending as reasons for the reduced sentence. The girls did not file complaints, and one was observed dropping off a girl to her mother.
The Director of Public Prosecutions has appealed a sentence imposed on a man convicted of dangerous driving that resulted in eight deaths near Buncrana, County Donegal. Shaun Kelly, aged 26, of Hill Road, Ballymagan, Buncrana, pleaded guilty at Letterkenny Circuit Criminal Court to causing eight deaths through dangerous driving on a road between Clonmany and Buncrana on 11 July 2010. The trial judge imposed a four-year sentence with the final two years suspended and imposed a ten-year driving disqualification. The DPP argued before the Court of Appeal that the sentence was unduly lenient, contending it failed to reflect the gravity of Kelly's culpability and the severity of the harm caused. The prosecution submitted there was evidence of prolonged deliberate dangerous driving, that multiple fatalities were foreseeable, and that Kelly had a previous dangerous-driving conviction. Kelly's counsel argued the sentencing judge properly considered all aggravating and mitigating factors. The Court of Appeal reserved judgement.
In 2013, Sean Casey, aged 27, drove a BMW four times over the legal limit and crashed into a roundabout in Skibbereen, killing 22‑year‑old Megan Johnston and leaving 24‑year‑old Kate Petford paralysed. Casey pleaded guilty to dangerous driving causing death and serious bodily harm. He was sentenced in February 2014 to seven years' imprisonment and a 30‑year driving disqualification. He appealed, and the Court of Appeal found the sentence "out of line with other decided cases", ordering a new sentencing hearing. On 19 October 2015 the Court of Appeal adjourned the sentencing to 17 November, citing a letter from Petford's parents describing changes in her condition and requesting the court consider these circumstances. The court noted the DPP's submission that Casey had been 4.1 times over the limit and had travelled at 80 km/h into the roundabout, and that the vehicle was heavily intoxicated. No further sentencing decision was made in the article.
Lee McDonnell (24), the appellant, appeared before the Dublin Circuit Criminal Court during an appeal regarding his sentence for escaping from lawful custody on Tyrconnell Road, Inchicore on December 17, 2015. McDonnell admitted to the charge and pleaded guilty. The court heard that he had previously been serving a nine-year sentence for aggravated burglary, during which he broke into a house, assaulted a man with a replica gun, stole a car, and later robbed a petrol station using the stolen vehicle. His sentence was extended by two years earlier this year, pushing his release date to September 2021. During the appeal, Judge Martin Nolan imposed an additional ten-month sentence, extending his release date to 2022. The judge stated that the sentence must be consecutive to his current term and that there is no maximum sentence for escaping custody. McDonnell was not affected by any remission for good behaviour but was deprived of leisure activities, visits, and the right to wear his own clothes for 56 days. The matter was adjourned following the proceedings.
The Court of Appeal has heard submissions in the appeal by Eleanor Joel and Jonathan Costen, who were convicted of the unlawful killing of Evelyn Joel by neglect in Wexford in January 2006. The pair, who pleaded not guilty, were found guilty by a jury at Wexford Circuit Criminal Court following a retrial. In March 2013, Judge Seán O'Donnabháin sentenced them to a two-year suspended sentence, conditional on the completion of 230 hours of community service. Counsel for the appellants argued that the jury should have been permitted to consider the alleged culpability of the HSE, which they contend bore a professional duty of care for the immobile MS sufferer. They further submitted that the trial judge erred in refusing to transfer the retrial out of Wexford due to prejudicial local reporting and in misstating Costen's lack of a duty of care. The DPP's counsel countered that a duty of care arose for Costen and that the refusal to transfer the venue was not appealable. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice Alan Mahon, reserved its judgment, stating it would deliver a decision as soon as possible.
The Court of Appeal overturned the High Court's findings that Daniel McDonnell's solitary confinement for a year breached his constitutional rights. The High Court had ruled that McDonnell, serving a life sentence for the murder of 16‑year‑old Melanie McCarthy McNamara, was being held in a 22‑to‑23‑hour lock‑up regime that violated his bodily and psychological integrity. The Court of Appeal held that the prison authorities were entitled to impose temporary restrictive conditions for the safety of prisoners, and that McDonnell's detention was justified for his own protection. The Appeal Court found the High Court's orders on how McDonnell was to be treated were overly intrusive and could not be upheld. The case was adjourned to October for final matters, including costs.
Sean Casey, 27, pleaded guilty to dangerous driving that killed 22‑year‑old Megan Johnston and seriously injured 24‑year‑old Kate Petford, leaving her paralysed. He was sentenced by Judge Seán Ó Donnabháin at Cork Circuit Criminal Court to seven years' imprisonment and a 30‑year driving disqualification on 17 February 2014. The Court of Appeal, hearing the appeal on 31 July 2015, found the sentence "out of line" with other dangerous‑driving cases. Judge Garrett Sheehan noted that in eight comparable cases the Court of Appeal had imposed sentences below five years, and that the judge had erred by placing Casey's case at the absolute apex of the dangerous‑driving scale. The appeal was remitted for a new sentence, with the Court of Appeal not adopting the Director of Public Prosecutions' request for guidelines in this case.
Ian Dent, 22, of Crumlin, was convicted of violent disorder for his role in a group attack on two American tourists in Temple Bar on 29 April 2012. The original five‑year sentence imposed by Mr Justice Patrick McCartan on 29 July 2014 was reduced on appeal to three years, with the final 12 months suspended. The Court of Appeal found the original term excessive, noting Dent's "threatening and menacing" behaviour was common in the area but also that he had shown progress and a record of rehabilitation. The appeal court highlighted that the Americans suffered significant injuries, including a broken arm and facial scarring, and that Dent had attempted to intervene and defuse the situation. The new sentence reflects a balance between punishment and potential for rehabilitation. Ian Dent pleaded not guilty.
The 20‑year‑old ringleader of a "spine chilling" aggravated burglary, robbery and false imprisonment at Botanic Avenue, Dublin 9, was sentenced to six years' detention on 29 March 2012. He was found guilty on 27 April 2011. The Court of Appeal later reduced the term, suspending the final 12 months. The offender, who was 15 at the time of the offence, had 23 prior convictions and was on bail for other robberies. He entered the victim's home with accomplices, threatened the student with a knife, demanded money and the PIN of an ATM card, and forced the student's girlfriend to be held back while the student was "frog marched" to an ATM. The victims withdrew €600, and the offender threatened further withdrawal. The appeal judge noted the offender's young age and the need for rehabilitation, and required a €100 bond for good behaviour during the suspended period and for two years after release.
The Court of Appeal refused to review a fully suspended four‑year prison sentence that had been imposed on a 40‑year‑old woman for the "most serious" neglect of five girls and two boys over a ten‑year period from March 2001 to July 2010. The woman had pleaded guilty at Ennis Circuit Criminal Court and was given a sentence suspended in full for seven years by Mr Justice Carroll Moran on 25 February 2013. The Director of Public Prosecutions applied for a review on the ground that the sentence was "unduly lenient", but Mr Justice Seán Ryan, President of the Court of Appeal, rejected the application. He noted that the case involved a "catalogue of abuse" and "very serious crimes", and that the woman had shown rehabilitative efforts, including attending Alcoholics Anonymous and engaging with the probation service.
A man from County Roscommon has had the suspended portion of his 14-year prison sentence doubled on appeal. The 57-year-old, who cannot be identified for legal reasons, was convicted in 2010 of 47 counts of rape and sexual assault against his son between 2001 and 2004. The Central Criminal Court imposed a sentence of 14 years with the final 18 months suspended. The Court of Appeal dismissed his conviction appeal but found, when comparing sentences in cases of similar gravity, that a greater proportion should have been suspended. The three-judge court increased the suspended period from 18 months to three years, resulting in a net custodial term of 11 years. Mr Justice Alan Mahon, delivering the judgment, noted that comparable cases attracted net sentences of between 10 and 11 years. The court found the appellant's conviction sound despite challenges to witness immunity granted to his wife and son during trial proceedings. The unnamed 57-year-old pleaded not guilty.
The Court of Appeal will consider whether to set sentencing guidelines for cases of dangerous driving causing death. The suggestion was made by Mr Justice Garrett Sheehan in the case of Seán Casey, 27, of Cooragannive, Skibbereen, who was jailed last year for seven years for dangerous driving that caused the death of a 22‑year‑old woman and the paralysis of her friend. Casey was driving at 80 km/h, four times the legal limit, when he entered a roundabout. His barrister, Tom Creed SC, argued that the sentencing judge had placed Casey's offence "at the apex" of dangerous‑driving‑causing‑death cases before mitigation was applied. The maximum sentence for the offence is ten years imprisonment. Mr Justice Sheehan said the three‑judge court would consider setting guidelines, following the precedent of the Fitzgibbon guidelines for assault causing serious harm and the Ryan guidelines for possession of a firearm.
Patrick Scanlon, a 55-year-old restaurateur from West Limerick with an address on the Channel Island of Jersey, has appealed his conviction in the Court of Appeal. Scanlon had pleaded not guilty at Limerick Circuit Criminal Court to the possession and importation of cannabis worth €79,000 from Spain to a house in Pallaskenry, Co Limerick, on August 8, 2013. He was found guilty by a jury following a three-week trial and sentenced to 15 years imprisonment by Mr Justice Carroll Moran on May 21, 2014. His counsel, Michael O'Higgins SC, argued that the second search conducted at a garda station lacked new reasonable cause, claiming the initial roadside search was negative. The prosecution, represented by Anne-Marie Lawlor BL, contended that the search was continuous and lawful, noting that a mobile phone without a SIM card was later found. The Court of Appeal, comprising Mr Justice Garrett Sheehan, Mr Justice John Edwards, and Mr Justice Alan Mahon, heard the arguments and reserved judgment. The matter was adjourned pending the court's decision.
The 20‑year‑old ringleader of an attack in which a student was forced to withdraw money from an ATM and threatened that his girlfriend would be raped by two accomplices has won an appeal against his sentence. He had pleaded guilty to aggravated burglary, robbery and false imprisonment at Botanic Avenue, Dublin 9 on 27 April 2011 and was sentenced to six years' detention by Judge Martin Nolan on 29 March 2012. The Court of Appeal heard that the offender, who was 15 at the time of sentencing, held a knife to the student's throat, demanded €40 and later €600, and threatened to harm the student's girlfriend if the PIN was not supplied. The Court of Appeal, led by Mr Justice Garrett Sheehan, found that the judge had not given sufficient regard to the Children's Act and that rehabilitation should have been considered.
An application for a stay to restrain the issuance of a certificate confirming the result of the same‑sex marriage referendum has been adjourned to the Court of Appeal's sitting on Friday. Gerry Walshe, an electrician from Lisdeen, Co Clare, seeks to appeal the High Court President's refusal to allow him to bring a petition challenging the referendum held on 22 May, which was approved by 62.07 % of voters. Walshe, representing himself, has requested a stay pending the appeal. The case was heard by Mr Justice Peter Kelly, who noted that the paperwork indicated an appeal against an earlier procedural decision by Ms Justice Mary Faherty, not the current refusal by Mr Justice Kearns. Mr Justice Kelly adjourned the matter to allow Walshe to amend his notice of appeal and placed a stay on the certificate until the Court of Appeal hears the case on Friday. Richard Humphreys SC for the State expressed no objection to the amendment.