James Farmer, a former soccer player aged 36, had his seven‑year prison sentence for possession of over €400,000 worth of cannabis reduced on appeal. The original conviction stemmed from a January 2011 incident at Newland's Cross and Phibblestown House where Gardaí seized €122,000 in cannabis and later found an additional €312,000 at Farmer's home. Farmer pleaded guilty at the Dublin Circuit Criminal Court and was sentenced by Judge Martin Nolan on 27 February 2012. On appeal, Judge Alan Mahon noted Farmer's serious medical conditions, including kidney failure requiring dialysis and a severe bowel disorder, and that these would pose significant difficulties in prison. Consequently, the Court of Appeal suspended the final 18 months of the sentence, requiring Farmer to post a €100 bond and maintain good behaviour for 18 months and two years after release. The appeal was granted by Judges Mahon, Garrett Sheehan and John Edwards.
The Court of Appeal dismissed an appeal by the trustees of Victory Christian Fellowship (VCF) against a High Court ruling that Bank of Scotland (BOS) could appoint joint receivers over three of VCF's Dublin properties. The High Court had found BOS entitled to a judgment of €18.76 million against the trustees and to permanent injunctions preventing the trustees from obstructing the receivers. The trustees argued the receivers' appointment in May 2013 was invalid because BOS had received unauthorised confidential information about VCF's charitable status being withdrawn. They claimed a debt‑reduction plan had been agreed in March 2013, which would have avoided receivership. The Court of Appeal, however, upheld BOS's contractual right to appoint receivers, noting that the disclosure of the confidential information did not prove it caused the decision. The trustees accepted the debt but did not appeal the €18.76 million judgment. The appeal was dismissed by Justices Peart, Hogan and Mahon.
An application for a stay restraining the issuance of a certificate confirming the result of the same‑sex marriage referendum will be heard by the Court of Appeal later this week. Mr Gerry Walshe, who is appealing the High Court's refusal to grant him leave to bring a petition challenging the referendum result, has requested that the Court order a stay on the certificate. He is representing himself and has not yet formally lodged his appeal; the judge has told him that the appeal must be filed by 3 pm on Wednesday for the stay application to be considered on Thursday morning. The State, represented by Richard Humphreys SC, has described the matter as "extremely urgent" and wants the appeal to be expedited. The State also wishes that Mr Maurice J Lyons, who has similarly sought to challenge the referendum result, have his appeal processed on the same timetable.
The Court of Appeal declined to review Wayne Dundon's six‑year prison sentence for threatening to kill and intimidating witnesses, despite the Director of Public Prosecutions' appeal that the sentence was unduly lenient. Dundon, aged 37, was convicted by the Special Criminal Court in 2012 for threatening Alice Collins that he would kill or seriously harm her sons and for intimidating potential witnesses. The court had not considered a victim impact statement and had not taken into account Dundon's prior conviction for a similar threat. Dundon's appeal against conviction was also put back to the next hearing, with the court noting that John Dundon's appeal would be dealt with at the same time. The decision was announced by Mr Justice George Birmingham, with the court to give reasons later. The case remains at the appellate stage, with no change to the sentence or conviction.
Ian Dent, 21, of Crumlin, was convicted of two counts of violent disorder for his role in a group attack on two American tourists in Temple Bar on 29 April 2012. The tourists suffered serious injuries, including a broken arm and permanent facial scarring. Dent was sentenced to five years' imprisonment by Mr Justice Patrick McCartan on 29 July 2014. Two other Dublin men received concurrent sentences, and a fourth man was jailed separately after pleading guilty. The Court of Appeal, hearing the case on 4 June 2015, found Dent's five‑year sentence excessive. A new sentence will be imposed on 9 July 2015. The appeal was based on Dent's lack of prior convictions, his youth, and his attempts to restrain the group and defuse the situation, which the trial judge had not considered. The Court of Appeal remanded Dent in custody pending the new sentence. Ian Dent pleaded not guilty.
Stephen Cahoon, a 42-year-old man from Derry, Northern Ireland, is seeking to prevent a second retrial for the alleged murder of his pregnant ex-girlfriend, Jean Teresa Quigley. Cahoon admitted strangling Quigley in 2008 but denied the charge of murder. His initial conviction was quashed by the Court of Appeal in March after the court found that the trial judge misdirected the jury regarding the defence of provocation. The Court of Appeal, led by President Mr Justice Seán Ryan, ruled that the judge's error was a mistake on a central point of the case, leading to the quashing of the conviction and an order for a retrial. Cahoon, who was previously sentenced to life imprisonment by Mr Justice Barry White in 2012, is now in custody. His counsel, Niall Flynn BL, argued that a third trial would be unfair given he has already served six years in custody. The Director of Public Prosecutions, represented by Patrick Marrinan SC, expressed urgency to fix a trial date but did not object to Cahoon's application. Mr Justice Garrett Sheehan fixed a hearing for July 20 to consider whether a third trial should proceed. The matter remains at the appeal stage, with the outcome of the application pending.
Muhammad Hussain, a 29‑year‑old Pakistani man, was convicted in 2014 for travelling to meet a 13‑year‑old girl with the intention of sexual exploitation, the first case prosecuted under child protection legislation. He received a four‑year prison sentence, later reduced on appeal to three years with the final nine months suspended. The Court of Appeal noted no disciplinary issues since conviction, his attendance at classes, and that he had invited the child rather than coerced her. Conditions of the reduced sentence include maintaining good behaviour, cooperating with any relevant counselling, and complying with a deportation order. Hussain will remain on the Sex Offenders Registry and is subject to the Sex Offenders Act 2001. The case stemmed from an encounter on 25 May 2011 when Hussain met the girl, Ms F, who was then 13 and living in institutional care. The appeal hearing was held on 16 February 2015. The unnamed 13-year-old pleaded not guilty.
Patrick Barry, an 81‑year‑old former primary school principal from Kilkee, was convicted of indecent assault on 11 female pupils between 1964 and 1985. He was found guilty on 59 of 67 charges and sentenced to 11 years' imprisonment, with five years suspended. On appeal, the Court of Appeal reduced the sentence to two years, suspending the final three years of the five‑year portion. Barry must post a €1,000 bond and keep the peace during the suspended period. His release date is set for 20 May 2019. The appeal was based on the trial judge's error in setting the initial sentence and on Barry's advanced age, health problems and community contribution. The appeal against conviction was dismissed. The case involved allegations of indecent touching and forced positions in the classroom, with most incidents occurring in front of other pupils. The court noted that the offences were committed in a small community where everyone knew each other. Patrick Barry pleaded not guilty.
The Court of Appeal considered whether Gary Howard, 27, who was convicted of the 2010 double murder of Patrick Mooney (58) and Brendan Molyneux (46), was entitled to have his solicitor present during Garda interviews. Howard had pleaded not guilty at the Central Criminal Court and was found guilty after a six‑week trial, receiving two life sentences on 25 May 2012. He appealed on the grounds that his solicitor should have been present during the interviews, that he was denied access to his solicitor despite three requests, and that he was subjected to psychological pressure before making admissions that he later retracted. Seán Gillane SC argued that Howard's right to silence was undermined by the Gardaí's conduct and that the absence of a solicitor violated the Supreme Court's Gormley and White decision.
Richard Comerford, aged 55 and without a fixed address, had pleaded guilty in 2009 to robbery and possession of an imitation firearm at Boylesports bookmakers on Capel Street, Dublin. He was originally sentenced in February 2014 to five years' imprisonment, with the final two years suspended, by Judge Mary Ellen Ring. The Director of Public Prosecutions had previously argued that the sentence was unduly lenient, citing that Comerford was arrested shortly after the robbery while sitting in a pub on Capel Street with his co‑accused, drinking pints. On appeal, the three‑judge Court of Appeal, led by Mr Justice Garrett Sheehan, found the sentence too lenient in light of his 66 prior convictions. The court therefore increased his sentence by two years, setting aside the original term and imposing a new five‑year imprisonment from the original start date, with the same suspended portion.
The Court of Appeal has dismissed Joe O'Reilly's application to have his conviction for the murder of his wife declared a miscarriage of justice, ruling the bid an abuse of process. The 42-year-old appellant was found guilty by a Central Criminal Court jury in July 2007 and sentenced to life imprisonment for the murder of his wife at their home in the Naul, Co. Dublin. The three-judge panel, led by Mr Justice George Birmingham, agreed with the Director of Public Prosecutions that O'Reilly's application, based on events during his trial where a portion of the book of evidence was found in the jury room, was an unacceptable strategy to raise after his earlier appeal. The court noted that O'Reilly was fully informed and engaged with the issue at the time, having instructed his legal team not to discharge the jury. Consequently, his application under section 2 of the Criminal Procedure Act will not proceed to a full hearing. This decision follows O'Reilly's failed appeal against conviction in 2009 and a subsequent unsuccessful attempt to quash his conviction in 2012. Rachel O'Reilly's mother, Rose Callaly, expressed relief at the outcome, stating the family was thrilled to have continued to receive justice.
A 57-year-old man with a history of paramilitary activity has had his prison sentence reduced on appeal following his conviction for sexually abusing two young girls in Donegal. The Court of Appeal in Dublin reduced his sentence from fifteen years to thirteen years imprisonment, with the final three years suspended. The man pleaded guilty in 2012 at the Central Criminal Court to sixteen counts of rape and indecent assault against two girls between November 2008 and May 2009. The offences occurred across four locations over a nine-month period. The court heard the man had fled the jurisdiction after detection but was subsequently returned on foot of an extradition warrant. The three-judge panel, led by Mr Justice George Birmingham, determined the original sentence was excessive as a starting point. Conditions of release include a €1,000 bond, eighteen months post-release supervision, and a permanent prohibition on contact with the victims.
An 81‑year‑old former primary school principal, Patrick Barry of Kilkee, has appealed his 11‑year prison sentence for indecent assault of 11 female pupils at Moyasta National School between 1964 and 1985. He pleaded not guilty to 67 charges but was found guilty on 59 counts by a jury; the trial judge, Gerald Keyes, directed not guilty on eight counts. Barry's sentence, imposed at Ennis Circuit Criminal Court on 19 November 2014, was 11 years with the final five suspended. The Court of Appeal dismissed his appeal against conviction, ruling it could not hold on any of his 12 grounds of appeal. Barry's appeal against sentence was reserved, with a decision expected on 15 May. The case involved allegations of indecent touching and forced positions in the classroom, with victims present. The court noted the seriousness of the offences and Barry's position of trust. The appeal was heard by Justices Garrett Sheehan, Alan Mahon and George Birmingham.
Waldemar Solowiow, 48, was convicted of murder and sentenced to life imprisonment for the death of his 37‑year‑old girlfriend, Mary Ryan, who was found unconscious in his Dublin bedsit on 18‑19 May 2012. Ryan died from neck compression and blunt force head trauma. Solowiow had pleaded not guilty to murder but guilty to manslaughter, claiming provocation after a physical fight the night before. He was found guilty of murder by a majority jury and received a mandatory life sentence on 31 October 2013. His counsel, Paul Burns SC, has now applied to the Court of Appeal for either a retrial or a substitution of the murder verdict with manslaughter. The appeal focuses on whether Solowiow's false statements about the circumstances, which he later recanted, could be admitted as evidence and whether they undermine the provocation defence. The Court of Appeal will decide at a future hearing.
Gregory Shannon, 35, of Dundalk, pleaded guilty to reckless endangerment after driving his car at a person he had apparently fallen out with in a local car park on 17 May 2012. The original sentence, imposed by Judge Michael O'Shea on 15 March 2014, was three‑and‑a‑half years' imprisonment with the final year suspended. On appeal, Justice Garrett Sheehan found that the trial judge had erred by not fully considering mitigating factors such as Shannon's guilty plea, work record and community activity, and by failing to consider a community‑service order. The Court of Appeal set aside the original sentence and imposed a new term of three‑and‑a‑half years' imprisonment with the final two years suspended. Shannon was required to post a €500 bond and keep the peace for two years, to which he agreed.
In a Limerick Central Criminal Court hearing, Richard Higgins, aged 45, was convicted of murdering Seán Murphy, aged 29, on 17 January 2010, and received a mandatory life sentence on 28 July 2011. The jury also found him guilty of two counts of threatening to kill Murphy and his partner. Higgins, who pleaded not guilty, has now lodged an appeal in the Court of Appeal. His counsel, Mr Michael Bowman SC, argues that the conviction is unsafe, citing a mis‑representation of Higgins' statement to a third party. Bowman contends that the transcript used by the prosecution was incorrect, as Higgins actually said, "what would kill me…", which changes the meaning. He also claims the threatening counts should not have been included on the indictment, noting no Garda investigation into those threats. The Court of Appeal, presided over by Mr Justice Seán Ryan, will render a judgment as soon as possible.
Anthony Naughton, a 29‑year‑old van driver from Ballyfermot, Dublin, was sentenced to a wholly suspended six‑year prison term for possessing €137,000 worth of heroin for sale or supply at Steeples Apartment Complex in Chapelizod on 6 February 2012. He had pleaded guilty at Dublin Circuit Criminal Court. The Court of Appeal dismissed the Director of Public Prosecutions' appeal that the sentence was unduly lenient. The court noted that Naughton had been targeted because of his "appearance of cleanliness", had been physically assaulted, had his jaw broken, his vehicle vandalised and his parents threatened if he did not comply with the criminals' demands. The court found the duress, threats to his family, attacks on him and his property were exceptional circumstances that justified a high degree of leniency, and therefore upheld the suspended sentence. No prison term was imposed.
The Court of Appeal has reduced the prison sentence of John McCabe, a former Christian Brother, following an appeal against his conviction for indecently assaulting three young deaf boys between 1981 and 1984. McCabe, who pleaded guilty to six counts at Dublin Circuit Criminal Court, was originally sentenced to 12 years in prison with three suspended by Judge Martin Nolan in May 2012. The appeal succeeded because the Circuit Court operated on an incorrect maximum sentence; a recent Court of Appeal decision established that the maximum penalty for indecently assaulting males in the 1980s was two years, not ten. Mr Justice George Birmingham, speaking for the court, noted that while the offences were serious and committed by a person in a position of authority, McCabe had made full video-taped admissions, which deserved significant credit. The court also considered that McCabe was assessed as a low risk of reoffending and had taken significant steps toward rehabilitation. The DPP's request for an adjournment to appeal a related decision was refused. Consequently, the Court of Appeal imposed a new sentence of five years, structured as two years for the first complainant, two years for the second, and one year for the third, all to run consecutively. McCabe was returned to prison to serve this reduced term.
Darren Snee, a 25‑year‑old boxing coach from Palmerstown, pleaded guilty to possessing ecstasy, cannabis and cocaine. A Court of Appeal ruling declared ecstasy and other drugs unconstitutionally banned, leading the Director of Public Prosecutions to withdraw the ecstasy charge. Judge Martin Nolan imposed a two‑and‑a‑half‑year suspended sentence for the remaining cannabis (worth €819) and cocaine (valued €399) offences. Snee had previously been convicted of burglary. At the sentencing hearing, Garda John McWeeney presented evidence of Snee's drug dealings, including six bags of cocaine, a bag of rock cocaine hidden in a can of Coors Light, 24 deals of cannabis, €2,260 in cash, a digital weighing scale, and a black drum containing 19 bags of MDMA. Snee claimed he was holding the drugs for others and that the cash was personal gifts. His defence, led by Pieter Le Vert BL, highlighted his reduced cannabis use and future aspirations in architecture and sports.
In March 2015 the Court of Appeal overturned a wholly suspended three‑year sentence given to Alan Kilmartin, a security guard, for an unprovoked assault on a woman in her Ennis home. Kilmartin had pleaded guilty to assault causing harm on 2 March 2012 and received a wholly suspended sentence in November 2013, suspended for five years. The Director of Public Prosecutions argued the sentence was unduly lenient. Justice Seán Ryan, with Justices John Edwards and Michael Peart, found that while mitigating factors existed, they did not negate the seriousness of the crime. He ordered Kilmartin to serve a two‑year prison term, with the suspended portion remaining. The victim, who wished to remain anonymous, suffered head injuries, fractures and psychological harm. The court also returned a €3,000 compensation offer to Kilmartin.
Keith Willis, a Dublin man currently incarcerated at Wheatfield Prison, has brought an application under Article 40 of the Constitution seeking an inquiry into the legality of his continued detention. This follows a recent Court of Appeal judgment that struck down a government regulation declaring possession of certain drugs an offence, ruling that Section 2(2) of the 1977 Misuse of Drugs Act was unconstitutional because it vested law-making powers in the Government rather than the Oireachtas. Willis argues that the Misuse of Drugs Act provision making possession of ecstasy an offence was invalid when he received his custodial sentence. In 2013, Willis pleaded guilty to possessing ecstasy tablets, valued at €31,250, for sale or supply at Sligo Garda Station. Judge Anthony Hunt sentenced him to five years in prison, with the last two years suspended. Although the source text mentions a three-year jail term in the introduction, the specific sentencing detail provided is five years with two suspended. Today, High Court President Mr Justice Nicholas Kearns directed that an inquiry into Willis' detention be heard. The matter was adjourned to next week. This application arises from the Court of Appeal ruling in an action brought by Stanislav Bederev, which temporarily made psychoactive drugs legal before emergency legislation was introduced.
Gary Byrne, aged 42, was sentenced to nine years' imprisonment for possession of €2.52 million worth of cannabis resin and herb, found in two Dublin lock‑ups. The prosecution had earlier dropped a charge of possession of €2.5 million worth of ecstasy after the Court of Appeal's Bederev judgement declared such bans unconstitutional. Byrne pleaded guilty in June 2013 at Rosemount Business Park and the North West Business Centre. Judge Patricia Ryan imposed a 12‑year sentence with the final three years suspended, citing that Byrne was not the owner of the drugs and was an addict. He had a prior conviction for stealing Rohypnol from a pharmaceutical firm. Garda evidence showed Byrne was under surveillance, had rented the lock‑ups, and admitted holding the drugs to repay debts and fund his addiction. The defence highlighted his family and work record, urging a lighter sentence. The final custodial term is nine years.
The State dropped a charge of possession of €2.5 million worth of ecstasy after the Court of Appeal ruled that ecstasy and other drugs were unconstitutionally banned. The accused, who also had a similar amount of cannabis, had already pleaded guilty to possessing over 250,000 ecstasy tablets for sale or supply in 2013. Counsel for the Director of Public Prosecutions asked the court to withdraw the ecstasy charge and proceed solely on the cannabis counts. The case involves Gary Byrne (42) of Belcamp Gardens, Coolock, Dublin, who pleaded guilty to possession of €2.52 million worth of cannabis resin and herb. He will be sentenced by Judge Patricia Ryan at Dublin Circuit Criminal Court. Byrne has a prior conviction for stealing Rohypnol from a pharmaceutical firm. At the sentencing hearing, Mr McGillicuddy presented evidence from the Garda National Drugs Unit that Byrne was the subject of a surveillance operation on 4 June 2013.
Solicitor Brian O'Donnell and his wife, Mary Patricia, were granted an extension of time by the Court of Appeal to appeal a High Court order that required them to vacate their property on Gorse Hill. The High Court, presided over by Mr Justice Brian McGovern, had ordered the O'Donnells to leave the house by 5 pm on the following Friday. Mr Justice Seán Ryan of the Court of Appeal allowed the appeal to be filed by the close of business that day, citing the need for the O'Donnells to prepare their submissions. Counsel for the Bank of Ireland, Cian Ferriter SC, argued that the O'Donnells had no bona fide ground for appeal, citing a 2011 agreement that bound them to vacate the property if the bank exercised its security rights. The O'Donnells claimed they were being unfairly pressured and that they had a right to reside in the house.
Gary Campion, a 31‑year‑old Limerick resident, is set to resume his appeal against the second murder conviction for the killing of Frank Ryan, which occurred in Moyross in 2006. Campion had previously denied involvement in the murder of bouncer Brian Fitzgerald in 2002 and the murder of Ryan in 2006. He was found guilty in two separate Central Criminal Court trials and received two life sentences, one in 2007 and another in 2009. In the appeal, his barrister, Martin O'Rourke SC, argued that the admission of evidence from Errol Ibrahim was improper. Ibrahim, a passenger in the car where Ryan was shot, was allegedly pressured by Gardaí to testify, and the trial judge did not give a "no case to answer" direction. The appeal will be heard by the Court of Appeal on Friday before Justices Seán Ryan, George Birmingham and Garrett Sheehan.
Solicitor Brian O'Donnell appeared before the Court of Appeal on Thursday evening to ask whether he and his wife, Mary Pat, should continue to pack up their belongings after a High Court order to vacate their Gorse Hill property at 5 pm on Friday. The order, issued by Mr Justice Brian McGovern, had required them to leave the family home. O'Donnell explained that they needed the physical order to file an appeal and had tried to obtain it that afternoon but could not. He requested a continuation of the stay to extend the time they had to vacate the property. Mr Justice Seán Ryan, joined by Mr Justice George Birmingham and Mr Justice Garrett Sheehan, acknowledged the urgency but said no order would be made until the other side was notified. He set a hearing for 10 am tomorrow, provided the other side was given notice by phone or email.
In March 2015 the Director of Public Prosecutions withdrew a charge against Darren Snee, 25, who had been caught with over €17,000 worth of ecstasy. The withdrawal followed a Court of Appeal decision that had ruled drugs such as ecstasy were legal because they had been unconstitutionally banned. The drugs were made illegal again after emergency legislation. Snee still faces sentencing for possession for sale or supply of cannabis worth €819 and cocaine worth €399, both unaffected by the ruling. He pleaded guilty to possession of cocaine, cannabis and MDMA for sale or supply at his home on 18 November 2013. Judge Martin Nolan remanded him in custody pending sentence, and the prosecution asked the judge to vacate the guilty plea to the ecstasy charge, which was granted. Snee will be sentenced on 27 March.
In 2015 the Court of Appeal heard an appeal by Gary Campion, 31, who had been convicted of two murders in Limerick. Campion denied involvement in the 2002 killing of bouncer Brian Fitzgerald and the 2006 murder of Frank Ryan. He had received two life sentences, one in 2007 and another in 2009. The appeal argued that the trial for Fitzgerald's murder was flawed because the defence could not obtain a psychiatric examination of the key prosecution witness, James Martin Cahill. Cahill's medical notes suggested paranoia and hallucinations, and his testimony was said to be inconsistent. The defence claimed that without a proper medical assessment the trial was unfair. The Director of Public Prosecutions accepted that Cahill's evidence was central but argued that other corroborating evidence, including a taxi driver's account and a witness describing Campion's "joined eyebrows", supported the conviction.
Phillip Farrell, 35, of Cushlawn Park, Tallaght, Dublin, was charged with possession of heroin worth €23,000 and cannabis resin worth €732, for which he pleaded guilty in December 2013 and February 2014. He also faced charges of unlawful possession of ecstasy, estimated at just over €200, but the State withdrew those charges following a Court of Appeal ruling that temporarily legalised possession of the drug. Farrell had not entered pleas to the ecstasy counts, which were considered at sentencing. He claimed he was holding the drugs to clear a €30,000 debt and expressed fear for his life, a claim the court accepted as evidence of duress. The case was adjourned to May for sentencing, with 31 prior convictions noted. The article does not state the final sentence.
In a Dublin Circuit Criminal Court hearing, 25‑year‑old Darren Snee pleaded guilty to possession of cocaine, cannabis and MDMA for sale or supply. Judge Martin Nolan remanded him in custody pending sentencing on 27 March. During the hearing, defence counsel Pieter Le Vert raised the Court of Appeal's recent ruling that the illegality of certain drugs is now unconstitutional, arguing that possession of MDMA, headshop drugs and crystal meth is no longer an offence. Judge Nolan noted that Snee also possessed cocaine and cannabis, which remain illegal, and upheld the remand. The Court of Appeal had declared Section 2(2) of the 1977 Misuse of Drugs Act unconstitutional, but the ruling does not affect substances such as cannabis, heroin or cocaine. Snee's case involved evidence of drug sales, hidden drugs in his home, and a prior burglary conviction. The court will determine his sentence on 27 March.
In 2015 the Court of Appeal upheld the conviction of a 47‑year‑old man from County Clare who had been found guilty of sexually assaulting his wife's teenage niece in 2007. The appeal judge, Mr Justice George Birmingham, confirmed that the evidence showed the niece was babysitting in the man's home on both occasions. In the first incident she was helping him look for his phone when he kissed her, put his hand in her underwear and performed a digital penetration. The second incident involved him grabbing her while she retrieved a TV remote, again putting his hand in her underwear and digitally penetrating her. The appeal court dismissed the appeal, rejected fresh evidence, and upheld the 18‑month sentence, noting the man had 13 weeks remaining to serve and that part of his sentence was suspended for six months on condition of good behaviour and a €100 bond.
In March 2015 the Court of Appeal ruled that the wholly suspended three‑year sentence imposed on security guard Alan Kilmartin for an unprovoked assault on a woman in her Ennis home was unduly lenient. Kilmartin, 35, had pleaded guilty to assault causing harm on 2 March 2012 and had been given a wholly suspended sentence by Judge Carroll Moran on 25 November 2013, suspended for five years on conditions. The Court of Appeal, led by Mr Justice Seán Ryan, found that the sentence did not reflect the seriousness of the attack, which involved Kilmartin striking the victim's head with a metal implement, causing head injuries, fractures to her fingers and thumb, and psychological trauma. The court adjourned sentencing to 23 March 2016, where a new sentence would be imposed. The decision was based on the Court's view that a wholly suspended sentence was inappropriate for the gravity of the offence.
Stephen Cahoon, aged 42, had been sentenced to life imprisonment for the murder of his pregnant ex‑girlfriend, Jean Teresa Quigley, 30, who was 10 weeks pregnant when she was strangled on 26 July 2008. The Central Criminal Court found him guilty on 30 April 2012, and Mr Justice Barry White imposed the life sentence. On 4 March 2015 the Court of Appeal quashed Cahoon's conviction, citing a misdirection by the trial judge regarding the defence of provocation. The appeal was successful because the judge's brief statement that provocation could not involve intent was deemed a mistake at a crucial point in the jury's deliberation. The Court ordered a retrial and remanded Cahoon in custody, noting that a retrial would be his third attempt after six years already served. The case was notable for being the first trial under the Criminal Law Jurisdiction Act 1976 before a jury in the Republic of Ireland.
Remigijus Tuma, a 32‑year‑old Lithuanian national living in Dublin, was convicted in 2011 of possessing €180,000 worth of cannabis for sale or supply. He was found guilty by a jury at the Dublin Circuit Criminal Court and sentenced to seven years' imprisonment by Judge Yvonne Murphy. In 2015 the Court of Appeal quashed his conviction after hearing that the trial judge had imposed an inappropriate burden of proof, requiring Tuma to prove beyond a reasonable doubt that he did not know the contents of the suitcase were cannabis. The appellate judges, including Mr Justice John Edwards, agreed that this was a fundamental injustice and ruled that the appeal must be allowed. A formal judgment will be issued on March 23, 2015. Remigijus Tuma pleaded not guilty.
The Court of Appeal ruled that a wholly suspended seven‑year sentence imposed on a 53‑year‑old man for raping and indecently assaulting his wife's sister was unduly lenient. The man pleaded not guilty to two counts of rape and two counts of indecent assault committed between 1985 and 1986. A jury at the Central Criminal Court found him guilty on all counts and the trial judge, Mr Justice Garrett Sheehan, imposed the suspended sentence on 7 June 2013, citing the man's need to support his family, including two autistic sons who require 24‑hour care. The Court of Appeal dismissed the man's appeal against conviction and agreed with the Director of Public Prosecutions that the sentence was too lenient. The court noted that the man had been married to the complainant's elder sister, had two children, and that the offences occurred in the house's bedroom when the complainant was staying over.
In March 2015 the Court of Appeal considered whether Joe O'Reilly could have his 2007 murder conviction declared a miscarriage of justice. O'Reilly, 42 at the time of the trial, was convicted of killing his wife in their Naul home and sentenced to life imprisonment. He applied under Section 2 of the Criminal Procedure Act 1993, claiming that a portion of the book of evidence had been left in the jury room during the trial, potentially compromising the jury's impartiality. The Director of Public Prosecutions argued the application was an abuse of process, as no new facts had emerged and no attempt had been made to discharge the jury. O'Reilly's counsel contended the case was stateable, citing the lack of inquiry into how the evidence entered the jury room and whether jurors had read it. The Court of Appeal reserved judgment, to be decided as soon as possible, following O'Reilly's earlier unsuccessful appeals in 2009 and 2012.
The Court of Appeal has increased the sentence of Cathal Murtagh, a Louth man, from five years to eight years for possession of drugs for sale or supply. Murtagh, who pleaded guilty at Dublin Circuit Criminal Court, was originally sentenced in March 2012 for possessing €3.5 million worth of ecstasy and cannabis at a Malahide Road warehouse in April 2011. The Director of Public Prosecutions appealed the original sentence as unduly lenient, arguing the judge failed to adequately consider the offence's presumptive minimum of ten years and the drugs' value. President of the Court of Appeal Mr Justice Seán Ryan imposed the new eight-year term from the date of the original sentence. However, the balance of the sentence was suspended. Mr Justice Ryan described Murtagh as "very lucky" and urged him to "take the chance" given. Murtagh was required to enter a personal bond of €100 to keep the peace and be of good behaviour for five years. Counsel for the DPP, Mr Ronan Kennedy BL, argued the original sentence attached excessive weight to mitigating factors, including Murtagh's status as a "lowest cog" and his lack of prior convictions. Defence counsel, Ms Mary Rose Gearty SC, noted Murtagh had been at liberty since September 30. The court's decision reflects a review of the sentence rather than a new trial, with the suspended portion contingent on the specified conditions.
John Patterson, 58, of Drimnagh, was convicted of 14 counts of sexual assault against a boy on Mourne Road between 2001 and 2003. A jury at the Dublin Circuit Criminal Court found him guilty and Judge Donagh McDonagh sentenced him to eight years' imprisonment and ordered him to pay €24,000 in compensation from his Army pension on 25 November 2010. On appeal, Justice Garrett Sheehan, sitting with Justices George Birmingham and Alan Mahon, upheld the eight‑year sentence and the compensation order but suspended the final 21 months of the term. The Court of Appeal had earlier suggested that Patterson might participate in the 'Building Better Lives' sex offenders programme, but his counsel noted that Patterson was ineligible because he had not pleaded guilty. John Patterson pleaded not guilty.
Philip McCarthy, 48, of Cabra Court, Thurles, was charged with possession of €43,000 worth of drugs after a vehicle stop at the Horse and Jockey Hotel in November 2011. He received a 10‑year sentence, with the final three years suspended, at Clonmel Circuit Criminal Court on 18 October 2013. In the Court of Appeal on 2 March 2015, Mr Justice George Birmingham informed counsel that the Court of Appeal can increase sentences and that no exceptional circumstances were found. McCarthy's counsel requested an adjournment, and the case was rescheduled for a later hearing.
In February 2015 the Court of Appeal dismissed James Mansfield Junior's appeal against a €6.32 million summary judgment issued by the Commercial Court. The judgment arose from loans AIB advanced between 2003 and 2009 for the purchase of land in Duleek, Co Meath, and the development of apartment blocks, an underground car park and commercial units. Mansfield, together with three other parties, formed the "Duleek Partnership" to acquire the land. The Commercial Court found none of the four parties had an arguable defence and granted summary judgment. Mansfield appealed, arguing he was dyslexic and had signed the loan agreement by mistake (non‑est‑factum). The Court of Appeal, sitting with Justices Mary Finlay Geoghegan, Michael Peart and Alan Mahon, rejected the appeal, holding that Mansfield knew he was signing a legal document that created obligations and that no evidence showed he had asked questions about the liability he was undertaking.
The Court of Appeal has reserved judgment on a case involving a 47‑year‑old Clare man convicted of sexually assaulting a teenage female relative between 1 and 31 January 2007. He pleaded not guilty to two counts and was found guilty by a jury at Ennis Circuit Criminal Court, receiving an 18‑month sentence on 13 July 2012. His barrister, Giollaíosa Ó Lideadha SC, argued that psychiatric evidence presented by a psychiatrist—who claimed the complainant had been sexually abused and suffered—was opinion evidence, unjustified and inadmissible. He contended that the psychiatrist's remarks effectively asserted the allegations were true, thereby influencing the jury. Ó Lideadha also alleged the trial judge failed to give a corroboration warning and that the psychiatrist's testimony was used as proof rather than corroboration. The Court of Appeal will decide on 10 March, having rejected fresh evidence of a conversation between the complainant and the accused's wife. The case remains pending.
The Court of Appeal ruled that the conviction of a 61‑year‑old former Kerry County Council worker for sexually assaulting four girls was "safe" and dismissed his appeal. The man, who was jailed for eight years in 2012 after being found guilty of 29 counts of sexual assault between 2003 and 2008, had failed to sustain any grounds of appeal. The appeal was dismissed by Mr Justice John Edwards, who noted that the defendant had worked for a family business on weekends and was a partner of the victims' aunt. The court found that the defendant had repeatedly abused the girls, who ranged in age from 10 to 14, in various settings including the home and after school. The defendant was returned to prison to serve the remainder of his sentence. The unnamed 61-year-old pleaded not guilty.
The Court of Appeal has dismissed the appeal against conviction lodged by Ruth Barry, who was found guilty of cutting the face and causing serious injury to journalist Jennifer Bray on O'Connell Street in 2010. Barry, who denied all charges including robbery and using a blade, was originally sentenced to seven years imprisonment with the final 18 months suspended by Judge Desmond Hogan at Dublin Circuit Criminal Court in July 2012. Her co-accused, Jonathan O'Brien, was also involved in the incident. Barry's appeal argued that the trial was rendered unfair due to the absence of witness Jacob Gajda, whose statement suggested O'Brien handled a blade only after the injury occurred. However, Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice John Edwards, ruled that Gajda's evidence did not address whether Barry possessed a knife. The court found Barry centrally involved in the joint enterprise, noting her actions in robbing Ms Bray and departing the scene proved she never withdrew from the agreement. The judges concluded that the absence of the witness could not render the jury's verdict unsafe or unsatisfactory. Consequently, the appeal was dismissed, and Barry was returned to prison to serve the remainder of her sentence.
A man from Roscommon has been sentenced to fourteen years imprisonment following a Court of Appeal determination that his original eight-year sentence was manifestly inadequate. The accused had pleaded guilty to repeated counts of rape and sexual assault of a young neighbour between 2004 and 2008. The victim was five years old when the offences commenced and continued for approximately three and a half years until the child was taken into care by the Health Service Executive. President of the Court of Appeal Mr Justice Seán Ryan described the crimes as standing "on the most heinous level" of offending, involving depravity that amounted to torture. The Director of Public Prosecutions successfully applied for the sentence to be reviewed in December 2014. Mr Justice Ryan stated that whilst mitigating factors including the accused's late guilty plea and difficult background were considered, a much more severe sentence could have been imposed. The court imposed fourteen years on each of the fifteen rape counts to run concurrently, with no change to the sexual assault convictions.
Liam Brien, 44, was convicted of 22 counts of sexually assaulting four young girls between 1996 and 2006 in Killimor. After a five‑day trial at Galway Circuit Criminal Court, he received an eight‑year prison sentence on 17 March 2013. Brien appealed, arguing that the indictment should have been severed and the cases tried separately. The Court of Appeal upheld the conviction but reduced the sentence by three years. The appeal judge noted that the joint trial was appropriate because the abuse involved a systematic pattern of grooming, use of computer games, and repeated sexual contact with the children. The new sentence is six years' imprisonment, with the final 12 months suspended on the condition that Brien keeps the peace, behaves well, seeks transfer to Arbour Hill prison, and completes the sexual offenders programme there. Liam Brien pleaded not guilty.
In February 2015 the Court of Appeal ordered the return of 71‑year‑old former hurling coach James Maher to prison after finding his original two‑year sentence for indecently assaulting two boys between 1982 and 1985 too lenient. Maher had pleaded guilty to 18 counts and received a concurrent two‑year term on each count in 2013. The Director of Public Prosecutions appealed, arguing the sentence was unduly light. The Court of Appeal agreed, increasing the sentence by one year and ruling that the maximum penalty for indecent assault on a male in the 1980s was two years, not ten as the DPP had suggested. The court noted that the 1981 legislative change had equalised the maximum penalty for males and females, and that a 2007 judgment had limited the penalty for males to that for females. The decision was delivered by Mr Justice Seán Ryan, with Mr Justice Garrett Sheehan and Mr Justice John Edwards.
Martin Reilly, 27, of Father Matthew Court, Tipperary Town, was convicted of burglary at a private home on Cashel Road, Clonmel, on 27 June 2011. He was found guilty by a jury at Clonmel Circuit Criminal Court and originally sentenced to eight years' imprisonment, with the final two years suspended. In the Court of Appeal, Reilly's conviction was upheld but his sentence was reduced by two years. The Court, led by Mr Justice George Birmingham, noted that the victim was a restaurateur who discovered his house "upended" and his life savings of €35,000 had been taken. Gardaí recovered the money after Reilly fled, dropping the bag into nettles. The Court considered Reilly's prior convictions and, after reviewing the case, imposed a new sentence of six years' imprisonment, with the final two years suspended. The appeal was heard by Mr Justice Birmingham, Mr Justice Seán Ryan and Mr Justice Garrett Sheehan. Martin Reilly pleaded not guilty.
Barry Doyle, aged 29, was convicted of murdering rugby player Shane Geoghegan in 2008 and received a mandatory life sentence in 2012. Doyle now appeals his conviction to the Court of Appeal, arguing that Gardaí induced him to admit guilt during interviews. His counsel, Martin O'Rourke SC, contends that Doyle's admissions were obtained through non‑voluntary means, citing threats, psychological pressure, and the use of his child's mother, Victoria Gunnery, as a tool of intimidation. Doyle allegedly was told Gunnery was in custody away from their child, and that he could influence her release by confessing. O'Rourke claims Doyle was denied reasonable access to legal advice during the 14th and 15th Garda interviews, where he ultimately waived his right to silence. The Director of Public Prosecutions has not yet responded, and the appeal will be heard next week by the Court of Appeal judges. Barry Doyle pleaded not guilty.
In 2015 the Court of Appeal set aside Christopher Crowe's conviction for sending a menacing telephone message to Detective Sergeant Denis Smith. Crowe, aged 34, had pleaded not guilty to threatening the detective on 27 November 2008. A jury at the Dublin Circuit Criminal Court found him guilty and sentenced him to three years' imprisonment in December 2011. The appeal court held that the detective's identification of Crowe's voice from a garda interview video should not have been admitted to the jury. The judge said the identification process lacked safeguards and risked subliminal bias, as Crowe was the only suspect. The court concluded the evidence did not meet minimum fairness standards, so the conviction was quashed and Crowe was released from custody. The case highlighted the need for procedural safeguards in voice‑identification evidence.
Greg Crawford, aged 27, of St Munchin's Street, Limerick, has applied to the Court of Appeal to overturn his 2012 conviction for the murder of Gareth Brosnan‑Grant on 8 October 2007. He pleaded not guilty at the Central Criminal Court and was sentenced to life imprisonment by Mr Justice Paul Carney. Crawford's barrister, Brendan Grehan SC, argues that the identification of Crawford by witnesses was flawed and that the judge failed to give an adequate identification warning contextualised to the case. He also contends that Gardaí's illegal entry into Crawford's grandparents' home after the shooting violated the law, citing the nullification of the power under section 29 of the Offences Against the State Act. The Director of Public Prosecutions' counsel, Thomas Creed SC, maintains that the judge properly warned the jury and that circumstantial evidence, including a firearm found in the grandparents' house, supports the conviction. The Court will reserve judgment until 16 February.