Alan Boggans, aged 39, appealed a 13‑year imprisonment sentence for possessing €1.9 million worth of cannabis resin. He argued that the warrant used to enter the premises at Celtic Truck Wash was issued after the search had begun, rendering the operation unlawful, and that the warrant was issued by a Garda who had been involved in the investigation, violating the independence requirement set out in the Supreme Court's Damache ruling. Boggans' counsel also contended that the trial judge failed to allow cross‑examination of a Garda who claimed to have seen Boggans run across a Mercedes van containing the drugs, and that the CCTV evidence was not fully disclosed. The Director of Public Prosecutions countered that the warrant was issued in an urgent situation and that all relevant evidence had been properly disclosed. The Court of Appeal reserved judgment for a February hearing. Alan Boggans pleaded not guilty and was found guilty.
Lee McDonnell, 23, of Ballyfermot, pleaded guilty to possession of an imitation firearm with intent to rob Sarsfield Service Station, robbery of cigarettes and a sunglass case, and robbery of a shop assistant on 21 January 2012. He received a six‑year sentence, with three years suspended, on 19 November 2012. The Director of Public Prosecutions appealed that the three‑year jail term was too lenient. The appeal was scheduled for December but McDonnell did not appear; the court agreed to hear the application on 15 May. No reason was given for his absence.
Patrick O'Brien, aged 74, was sentenced by the Court of Appeal to 12 years' imprisonment with a three‑year suspension, following a review of his original 12‑year custodial sentence that had been deemed too lenient. The appeal court confirmed the custodial term and adjusted the suspended period from nine to three years. O'Brien had pleaded guilty to 16 counts of rape and indecent assault of his daughter, Fiona Doyle, committed in the 1970s and 80s. The judge noted O'Brien's serious health problems and advanced age but ruled that these did not preclude imprisonment. The sentence was imposed on the same conditions as the original, with O'Brien required to post a €100 bond and remain in custody from the date of release. The court emphasised that the guilty plea was a mitigating factor in determining the final sentence. The decision was made by Mr Justice Seán Ryan, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon.
Daniel Prenderville, 27, of Crumlin, was convicted in 2013 of possession of a loaded firearm, possession of ammunition, unlawful use of a vehicle and dangerous driving after he rammed a Garda patrol car with a stolen Audi A3 in Ballycullen on 6 September 2012. The original sentence was six years' imprisonment with the final 18 months suspended. The Court of Appeal, citing an application by the Director of Public Prosecutions, increased the sentence to seven years' imprisonment, finding that the trial judge had erred in suspending part of the term because no exceptional circumstances were identified. The appeal court held that the offence should be viewed at the top of the scale, and the new seven‑year term replaced the original sentence. The case involved a loaded Baikal pistol with a silencer, three bullets in the magazine and one in the chamber, and the firearm's serial number had been removed. Daniel Prenderville pleaded guilty.
The Court of Appeal has reserved judgment on the appeal of a Dublin man who was convicted of sexually abusing his former partner's six daughters. He pleaded not guilty to 60 counts of sexual assault between 1995 and 2005, but a jury found him guilty on all counts and he was sentenced to seven years' imprisonment, with the final two years suspended by Judge Desmond Hogan on 29 November 2011. The appeal, heard today, is primarily a matter of law. The Director of Public Prosecutions has an undue‑leniency application that will be considered after the appeal. Senior counsel Giollaíosa Ó Lideadha argued that the trial judge erred in not giving a clear warning about the dangers of convicting on uncorroborated evidence, while counsel for the DPP maintained that the jury was properly advised about collusion and the need for corroboration. The Court will reserve judgment for a future date.
Michael Butler, aged 33, was convicted of serious assault for stomping on the head of Billy Barry in Cork on 25 July 2010. He had pleaded not guilty but was found guilty by a jury at Cork Circuit Criminal Court and sentenced to 15 years imprisonment by Judge Seán Ó Donnabháin on 2 March 2012. Butler appealed the conviction but the Court of Appeal upheld the conviction. The Court of Appeal, however, reduced the 15‑year sentence to eight years, citing that the assault was an instance of "excessive self‑defence". The court noted that Butler was attacked with a knife twice, that he saw his mother and girlfriend being assaulted, and that he was acting in a context where armed men had appeared. The judge stated that the original sentence did not adequately consider the surrounding circumstances and that the incident was not created by Butler.
Joseph Cullen, 46, was convicted of assault causing serious harm to Kevin Byrne, who was hit by a car and lost his foot. Cullen pleaded not guilty to alternative counts of assault causing harm and assault causing serious harm. A jury found him guilty and Judge Patricia Ryan sentenced him to 12 years imprisonment on 20 December 2010. Cullen appealed the conviction but the Court of Appeal upheld the conviction and reduced the sentence to nine years imprisonment. The appeal was based on the argument that the prosecution had not indicated joint enterprise until the closing speech, and that Cullen had no basis to believe he faced both counts. The Court of Appeal found no ambush and that the charges were alternatives, but that the original sentence was too high. The new sentence of nine years was imposed by the Court of Appeal.
Karl Donohoe, 33, of Ringsend, pleaded guilty to the manslaughter of Ray Bates, 49, at a junction in Sandymount on 26 September 2010. The original 12‑year sentence, with the last two years suspended, was deemed too severe by the Court of Appeal. The appeal court, led by Justice Seán Ryan, found that the circumstances—both men driving in the same direction, a brief altercation after a traffic light, and Donohoe's use of a hurley to strike Bates—did not justify a "category of gravity" warranting the full term. The court reduced the sentence to ten years, suspending the final two years, and imposed a €1,000 bond for good behaviour during the suspended period. The decision was based solely on the facts presented in the trial and the appellate judges' assessment of mitigating factors. The summary reflects the procedural outcome as stated in the article.
In 2010, Douglas Ward, 38, of Louth, killed 18‑year‑old Niall Dorr in a prolonged assault on Castle Road, Dundalk. Ward pleaded guilty to manslaughter and was originally sentenced to 16 years' imprisonment, with three years suspended, by Mr Justice Paul Carney in 2012. The Court of Appeal, led by Mr Justice Seán Ryan, found the sentence excessive, citing Ward's lack of pre‑meditation, no serious prior convictions, and his efforts to address alcohol and drug problems. The appeal court reduced the sentence to 13 years' imprisonment, again with three years suspended. The decision was based on the violent nature of the attack, the severity of injuries, and the absence of provocation or prior conflict involving Dorr. Ward expressed remorse for the killing. The case remains a manslaughter conviction with a reduced custodial term.
Con Desmond, a former priest and school principal aged 79, was convicted of 13 counts of indecent assault on a boy at St Stephen's De La Salle National School in Waterford between 1978 and June 1980. He pleaded not guilty but a jury found him guilty and Judge Donagh McDonagh sentenced him to two years' imprisonment on each count, to run concurrently, on 19 February 2013. Desmond appealed on grounds of delay and conflicting evidence, but the Court of Appeal rejected the appeal. The court noted the first incident occurred in January 1978 when the boy, aged eight, was wet from cycling to school and was taken to Desmond's office by Brother Aengus. Desmond sexually abused the boy then, and the victim reported similar abuse on subsequent Saturdays. The appeal was dismissed after the court considered the evidence, the delay, and the absence of Brother Aengus, who had died years earlier.
Patrick O'Brien, aged 75, was convicted of 16 counts of rape and indecent assault against his daughter Fiona Doyle between 1973 and 1982. The Central Criminal Court sentenced him to 12 years' imprisonment, suspending nine years, and granted bail pending appeal. The Court of Appeal later ruled the sentence unduly lenient, stating that ill or elderly defendants are not exempt from prison. O'Brien's health conditions—arthritis, heart disease, lung problems, and other ailments—were considered, but the court noted that prison care could match community care. The appeal will decide a new sentence while O'Brien remains in custody. The case highlights the court's stance that serious health issues do not preclude custodial punishment for severe offences. The unnamed 75-year-old pleaded guilty.
In a 2015 Court of Appeal decision, Edward Rooney, 65, and Des Ryan, 55, were sentenced to three years' imprisonment for possessing €1.2 million worth of drugs. The appeal followed a 2013 conviction where both men received 10‑year suspended sentences for holding 4.5 kg of heroin and 227 g of cocaine. The Court of Appeal found the original suspended terms too lenient after a successful appeal by the Director of Public Prosecutions. The court noted the men's financial pressure and the serious nature of the drugs, and applied a maximum mitigation to reduce the sentence to three years. The men were arrested after a Garda surveillance operation in Finglas, where a black hold‑all bag containing nine plastic bags of heroin and a bag of cocaine was recovered. The case highlighted the Court's willingness to impose imprisonment when the offence was serious and the value of the drugs substantial. The unnamed man pleaded guilty.
Ruth Barry, 36, of Moy Elta Road, Dublin 3, was convicted in 2012 of cutting journalist Jennifer Bray's face, using a blade, robbery, and assaulting two of Bray's companions on O'Connell Street on 25 June 2010. Barry was sentenced to seven years' imprisonment, with 18 months suspended. She and boyfriend Jonathon O'Brien followed Bray, her companion Sarah Furlong, and Neil Callanan to a taxi; Barry punched Bray, head‑butted Furlong, and bit Callanan. Bray testified she felt a cold object and heard a click before slumping. Barry's counsel argued that a witness, Jakub Gajda, who allegedly saw O'Brien take something from behind his back, was unavailable and that the trial judge had accepted his statement as evidence. The Court of Appeal has been asked to grant a retrial, with the appeal pending a decision date.
James Maher, 71, of Clonroad Beg, Ennis, was convicted of 18 counts of indecent assault on two boys between 1982 and 1985. He pleaded guilty and was sentenced on 14 January 2013 to two years imprisonment on each count, with the sentences running concurrently, by Judge Carroll Moran at Ennis Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that Judge Moran was misinformed about the maximum penalty, which counsel said could have been up to ten years per count. The appeal contends that the concurrent sentences were incorrect and that the judge's sentencing scale was wrong. The Court of Appeal will decide on 10 February whether to increase Maher's sentence. The case highlights the legislative history of indecent assault penalties and the 2007 clarification that the maximum for a male victim cannot exceed that for a female victim. The appeal is pending.
In a case heard by the Court of Appeal, a 25‑year‑old Connaught man who had pleaded guilty to two counts of buggery of mentally impaired brothers was given a reduced sentence. The original eight‑year term, with the final two years suspended, was set aside because the sentencing judge had not properly considered the offender's age at the time of the offences and his lack of relevant prior convictions. The Court of Appeal imposed a new six‑year sentence, with the final two years suspended, for each offence to run concurrently. The offender, who had been between 17 and 19 when the crimes occurred, was required to enter a €100 bond, keep the peace, be of good behaviour for two years and have no contact with the victims. The Court noted the offender's remorse and the early guilty plea as mitigating factors.
Michael Byrne, a 77‑year‑old former secondary school teacher from Rosewell, Templerainey, Arklow, pleaded guilty to four counts of indecent assault on a boy aged 11 to 15 between 1975 and 1978. He was sentenced to eight years' imprisonment, with the final four years suspended, by Judge Michael O'Shea at Wicklow Circuit Criminal Court on 10 April 2014. The Court of Appeal rejected Byrne's application to review the sentence. The appeal panel, chaired by Mr Justice Seán Ryan, noted that Byrne's offences involved calculated grooming, repeated touching, groping, and the accused masturbating the boy, exploiting the boy's medical condition to obtain sperm samples. The judge described the conduct as cold, calculated, pre‑meditated and that of a predator. The Court of Appeal found no error in principle and upheld the eight‑year term, with the suspended portion remaining in place. Cormac Walsh, the victim, expressed delight at the decision. The case remains at the sentencing stage.
Paul McMenamy, aged 31, of Killinarden, Tallaght, was found guilty of assault causing serious harm to his girlfriend Nicola Murray on 5 February 2012. He had originally been sentenced to six years' imprisonment, with the final year suspended, by Judge Mary Ellen Ring on 12 December 2013. The Court of Appeal, led by Mr Justice Seán Ryan, deemed the sentence too lenient, citing McMenamy's prior convictions for similar offences and his disregard for Ms Murray's health after the attack. The appeal court increased the sentence to ten years, suspending the final two years. McMenamy was required to pay a €200 bond, remain of good behaviour, and be supervised by the probation service for the suspended portion. He was returned to prison to serve the remainder of his sentence.
In December 2014 the Court of Appeal doubled a six‑year sentence that had been imposed on Christopher Farrell, a 30‑year‑old from Drogheda, for two rape offences committed on 16 September 2007. Farrell had pleaded not guilty but was convicted by a jury of rape, oral rape, attempted rape and false imprisonment of one woman and sexual assault of another. He had 26 prior convictions, including assault. The Director of Public Prosecutions appealed, arguing the sentence was "undue leniency" and that aggravating factors had been ignored. The Court of Appeal quashed the concurrent six‑year sentences and imposed a new 12‑year sentence for the two rape counts, describing the original sentence as "very seriously inadequate.".
Karl Donohoe, 33, of Bealing Village, pleaded guilty to the manslaughter of British national Raymond Bates, 49, after a road‑rage incident on 30 September 2010. Donohoe beat Bates with a hurley stick, striking him on the head and repeatedly hitting him while he was on the ground. Bates, a construction worker from Durham, was later pronounced dead after a four‑day hospital stay. In April 2012, Mr Justice Paul Carney sentenced Donohoe to 12 years' imprisonment, with the final two years suspended, citing the savagery of the assault and Donohoe's self‑appointment as "sheriff and enforcer" in response to Bates' drunken driving. Donohoe appealed the sentence, arguing the judge had erred by referencing a separate case and the hate mail he had received. The Court of Appeal reserved judgment for 19 January, while counsel for the DPP maintained that the sentence was proportionate to the aggravating and mitigating factors presented. The case remains pending appeal.
Patrick O'Brien, aged 75, pleaded guilty to 16 rape and indecent assault charges committed between 1973 and 1982. The trial judge, Mr Justice Paul Carney, sentenced him to 12 years' imprisonment, suspended the final nine years, and granted him bail pending appeal. The Court of Appeal, led by Mr Justice Seán Ryan, found the sentence unduly lenient and ordered a review. The appeal was based on the argument that O'Brien's age alone should not mitigate his sentence and that there was insufficient evidence that his medical conditions made prison intolerable. The Court of Appeal will give reasons on 19 January and impose a new sentence on 26 January. O'Brien was present in court, assisted by a mobility aid, and his daughter Fiona Doyle attended with supporters.
Derek Floyd, 36, of Tulla, Co Clare, was found guilty of 15 counts of filing incorrect VAT returns and 12 counts of claiming VAT remits to which he was not entitled between 2001 and 2003, and of handling stolen goods. He was originally sentenced to six years imprisonment with the final year suspended, and separately to three years imprisonment for handling stolen goods, with eight months suspended. On appeal, the Court of Appeal reduced his overall sentence to five years imprisonment with one year suspended, and a consecutive term of three years with eight months suspended. The Court found errors in the original sentencing, noting that the judge had misapplied the appropriate sentence and had incorrectly considered the suspended portion. The appeal was upheld by Mr Justice George Birmingham, who substituted the original sentences with the reduced terms. The case involved fraudulently claiming €683,000 in VAT returns and handling €45,000 worth of stolen silage wrap.
Stephen Geraghty, aged 50, of Clondalkin, had originally received a ten‑year prison sentence for possession of €350,000 worth of cocaine in 2004, to run consecutively with a two‑year sentence for a 2003 cannabis offence. The Court of Appeal quashed the ten‑year term because Geraghty had not been convicted of the 2003 offence at the time he committed the 2004 offence; he was on bail and later absconded. He was convicted of both offences on 2 February 2010 after surrendering to Gardaí in 2009. The Court held that the mandatory ten‑year minimum applies only when a prior conviction exists before the second offence. Consequently, it imposed a new seven‑year sentence with 18 months suspended, back‑dated to 16 April 2011, and a five‑and‑a‑half‑year term for the 2004 offence, to run consecutively. The decision was made by Ms Justice Mary Finlay Geoghegan, Mr Justice Garrett Sheehan and Mr Justice Gerard Hogan. Stephen Geraghty pleaded guilty.
In a case heard by the Court of Appeal, a 30‑year‑old man from Dublin, whose identity is withheld to protect the victim, was found guilty of 11 counts of sexual assault and defilement of a 13‑year‑old girl between May and August 2008. He had previously been in a relationship with the girl's mother and had lived in the mother's home from age 18, performing domestic duties such as babysitting. The girl, who had been 13 at the time, had a history of intimacy with the man that began with walking and talking, progressed to kissing, and eventually to sexual intercourse when the mother was absent. The man pleaded guilty early in the proceedings and was given a fully suspended three‑year sentence by Judge Patrick McCartan in 2011. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient.
Simon Gentles, aged 29, pleaded guilty to aggravated burglary at a home in Sixmilebridge, Co Clare, on 7 January 2010. He was originally sentenced to four years imprisonment by Judge Carroll Moran at Ennis Circuit Criminal Court on 6 February 2012. On appeal, the Court of Appeal, following an application by the Director of Public Prosecutions, increased his sentence to ten years imprisonment, with the final four years suspended. Mr Justice Alan Mahon noted that Gentles forcefully burst into the home of Ms Fitzpatrick, wearing a balaclava and carrying a sawn‑off shotgun that was loaded. He threatened to shoot Ms Fitzpatrick's head and pointed the gun at her 15‑year‑old son. The judge highlighted the violent and threatening nature of the offence and the use of a loaded firearm, and considered Gentles' prior convictions and prison courses when determining the suspended portion. Gentles will serve the new sentence of ten years imprisonment, with the final four years suspended.
A Letterkenny chiropractor has had his sentence for burglary reduced on appeal. Kevin Ginty, aged 47, pleaded guilty to burgling the home of a woman with whom he had been in a relationship. He was initially sentenced to five years imprisonment at the Central Criminal Court in July 2013 for the offence committed in April 2010. The Court of Appeal has now reduced the sentence to two years, to run from the date of his conviction. The court found that insufficient weight had been given to Ginty's lack of previous convictions and his standing in the community. Whilst acknowledging the seriousness of the burglary, which involved an assault on the woman in her own home, the appellate court determined that a two-year custodial sentence was more proportionate for a first-time offender in cases of this nature.
Frank Ward, 60, known for armed robbery, had his miscarriage‑of‑justice application rejected by the Court of Appeal on 11 December 2014. Ward had pleaded guilty to five assault‑related charges and possession of a firearm during the 2003 Goat Grill robbery, for which he received two concurrent life sentences later reduced to 20 years on appeal in 2012. He argued that a garda PULSE identification number and a newspaper article had prejudiced the sentencing judge, but the Court found no new facts or evidence to support his claim. The Court, led by Justice Seán Ryan, held that the alleged prejudicial material was not accessed by the judge and that the newspaper could not have influenced the sentencing. Ward was returned to prison to serve the remainder of his 20‑year term.
In a case involving a 29‑year‑old man who pleaded guilty to sexual assault, false imprisonment and the production of a knife, the Court of Appeal reduced his sentence. The original 2012 judgment had imposed six years for the assault and false imprisonment and four years for the knife, to run concurrently. The appeal court agreed that part of the sentence should be suspended and imposed two new six‑year terms for the assault/false imprisonment and for the knife, to run concurrently, with the final 18 months suspended. The suspension was conditioned on the defendant completing a sexual offenders programme. The court also ordered 12 months of post‑release supervision. The case was heard by Mr Justice Garrett Sheehan, Mr Justice Seán Ryan and Mr Justice George Birmingham. The defendant's background, including a lack of prior convictions and a troubled personal history, was cited in the decision to suspend the final 18 months.
Louis Shiels, aged 27, pleaded guilty to rape, oral rape and false imprisonment of a woman who had become separated from friends at a hen party in Galway. The offences took place at his rented accommodation on 5 June 2011. He was sentenced on 25 February 2013 to 15 years' imprisonment, with the final three years suspended on each rape count, and a concurrent 8‑year sentence for false imprisonment. Shiels applied to review the sentence, but the Court of Appeal rejected the application. The court upheld the judge's view that the assault was "outrageous" and that mitigating factors such as Shiels' Asperger's syndrome and a psychologist's report were not sufficient to reduce his responsibility. Shiels will serve the remainder of his sentence in prison.
In 2014, a 27‑year‑old man from County Clare was sentenced to seven years' imprisonment, with the final three years suspended, after pleading guilty to one count of rape, four counts of sexual assault and four counts of oral rape against his younger cousin between 2003 and 2005. The Court of Appeal reduced his original nine‑year sentence, citing that the sentencing judge had taken too severe a view of the offender's conduct. The judge noted the abuse began when the accused was 12 and the victim was six, progressed through inappropriate touching and forced oral activity, and culminated in a full vaginal rape when the victim was 12 and the accused had turned 18. The court ordered 18 months of post‑release supervision, a €1,000 bond, and a lifetime prohibition on contact with the victim. The case highlighted the serious impact on the victim's life, including school withdrawal and self‑harm attempts.
A 65‑year‑old Dublin man, whose identity is withheld to protect the victims, had a five‑year jail term for sexually assaulting two adult nieces reduced to three years on appeal. He was convicted of two counts of sexual assault in 2007. He pleaded guilty to one count and contested the other. Judge Patrick McCartan originally sentenced him to five years for the first count and three years for the second, to run concurrently, on 8 March 2013. In the Court of Appeal, Mr Justice George Birmingham noted the man's intent to "get locked" at a family party in September 2007 and described the assault on his niece's 4‑year‑old daughter. The more serious offence occurred in June 2007 when the man assaulted a younger adult niece who had invited him home for drinks. He had no prior convictions, had worked for a commercial semi‑state company for 35 years, and had reached a senior management position.
Aidan Leacy, 56, of New Ross, Co. Wexford, was convicted of sexually assaulting two seven‑year‑old girls in the west of Ireland between November 2007 and January 2008. He pleaded guilty and was sentenced to six years' imprisonment by Judge Carroll Moran at Cork Circuit Criminal Court on 3 March 2013. In the Court of Appeal, Judge George Birmingham reduced the sentence to three years' imprisonment with a two‑year post‑release supervision period. The appeal was successful. The Court noted that Leacy had shown the girls adult pornographic magazines, encouraged them to expose themselves, and had them pull down his trousers and his own clothes. The Court also recorded that Leacy's conviction led to two arson attacks on his home, the loss of his public service job, and the removal of his children from his care. He remains on the sex offenders register indefinitely.
James Brophy, 46, of The Swan, Athy, was found guilty of excise duty evasion for importing over four million illegal cigarettes. A jury convicted him on 25 August 2010, and he was sentenced to 240 hours of community service in lieu of three years imprisonment on 12 October 2012. The Director of Public Prosecutions appealed, and the Court of Appeal imposed a new three‑year suspended sentence and a €5,000 fine. The fine was described by Mr Justice George Birmingham as "designed to sting." If the fine is not paid within 12 months, Brophy would serve 12 months imprisonment in lieu of the fine. The case involved customs officials finding the cigarettes at Brophy's warehouse, with a potential loss of €1.5 million in duty, tax and VAT. Brophy had no prior convictions and had previously completed community service. The appeal was successful, resulting in the suspended sentence and fine. James Brophy pleaded not guilty.
In December 2014 the Court of Appeal ruled that the 10‑year suspended sentences handed to Edward Rooney, 65, and Des Ryan, 55, for possessing €1.2 million worth of heroin and cocaine were too lenient. The men had pleaded guilty in October 2013 to possession for sale or supply after transporting a bag of drugs from the UK to Ireland. The appeal court noted the financial pressure that led them to act as couriers, the high value of the drugs, and the fact that neither was driven by addiction. It also highlighted that the men were not compelled by compulsion but chose to participate for financial gain. The court reserved its judgment, to be delivered on 19 January 2015, and indicated that the sentences would be revised to reflect the seriousness of the offence. The original judge had imposed a wholly suspended 10‑year term, which the appeal court found to be an error in principle.
The Court of Appeal has overturned the dismissal of a €1 million heroin possession charge against Stephen Reddington, a 31‑year‑old Dublin man. Reddington, who lives on Wheatfield Avenue, Clondalkin, was charged on 11 November 2011 with possession for sale or supply of heroin worth more than €1 million at his home. The charges were dismissed last year by Judge Mary Ellen Ring because the search warrant for Reddington's home was deemed illegal. The Director of Public Prosecutions appealed, and the Court of Appeal, led by Mr Justice Seán Ryan, ruled that there was sufficient evidence for the warrant. Judge Ryan noted that the investigating Garda had obtained information from a source about heroin in the home and had observed drug users frequenting the premises. He concluded that suspicion, not proof, was required and that the warrant was reasonable.
Andrew Hoare, 27, of Monakeeba, Thurles, was convicted of robbery at a shop in Thurles on 2 September 2012. He pleaded guilty and was sentenced to seven years imprisonment by Judge Thomas Teehan at Clonmel Circuit Criminal Court on 11 April 2013. In the robbery, Hoare entered the shop armed with a knife and demanded money from the shop‑owner's son, Mr Scanlon. Scanlon resisted and tried to wrestle the knife, resulting in a struggle that left Scanlon with an injured hand and a sum of money taken. Scanlon chased Hoare down the street, and Gardaí launched a "general manhunt." Hoare fled toward the railway station; Gardaí stopped the train and found him in the toilet, where money was recovered and he was arrested. On 5 December 2014, the Court of Appeal, presided over by Mr Justice Seán Ryan, reduced Hoare's sentence from seven to five years imprisonment, stating that while the offence was serious, the reduction was permissible.
Two Vietnamese nationals, Ba Nguyen (44) and Ha Nguyen (49), were found guilty of cultivating cannabis at a commercial premises in County Meath on 20 November 2012. They had been trafficked into Ireland and lived in rudimentary conditions on site. The original sentences of six years each, with the final two years suspended, were imposed by Judge Michael O'Shea on 14 November 2013. On 5 December 2014 the Court of Appeal, led by Justice Garrett Sheehan, imposed new three‑year sentences and unconditionally suspended the balance of those sentences from that day. The court cited the defendants' impoverished circumstances, lack of prior convictions, and the fact that they were not free agents in determining the reduced, suspended sentences. The decision was upheld by President Justice Seán Ryan. The defendants had no significant financial gain from the operation and were not involved in its financing or logistics.
A Mayo man has failed in his appeal against a six-year prison sentence imposed for dangerous driving that caused serious injury to his front seat passenger, though the Court of Appeal has reduced his driving disqualification from twenty years to twelve years. Martin Kearney, aged 33, from Ballina, pleaded guilty to dangerous driving causing serious harm arising from an incident on 30 September 2010 near Sligo Town. Kearney had driven a BMW M3 at speeds exceeding 150 kilometres per hour over a distance of 2.6 kilometres before losing control. The vehicle mounted barriers, somersaulted, and came to rest 80 to 100 metres beyond the road surface. His front seat passenger sustained devastating injuries requiring twenty-four-hour care. Kearney himself sustained considerable injuries. Sentencing him in June 2012 at Sligo Circuit Criminal Court, Mr Justice Tony Hunt imposed four years' imprisonment with the final two years suspended and imposed a twenty-year driving ban.
The Court of Appeal refused the Director of Public Prosecutions' appeal against Seán Graham's suspended seven‑year sentence for possession of €243,000 worth of heroin and €25,000 worth of cocaine. Graham, aged 26, pleaded guilty in March 2011 and was sentenced by Mr Justice Tony Hunt on 30 March 2012. The DPP argued the sentence was too lenient, citing the ten‑year minimum for drug offences over €13,000. Mr Justice Seán Ryan, President of the Court of Appeal, described the sentence as "very lenient" and noted Graham's admission of responsibility, his drug debt of €100,000, and his participation in a rehabilitation programme. The Court of Appeal upheld the suspended sentence, stating that a harsher penalty would be unjust, and expressed hope that Graham would respect the opportunity granted by the judge. The decision was announced on 2 December 2014.
The Court of Appeal has reduced the sentences of Michael O'Loughlin and Edward O'Loughlin, the first two men jailed under 2009 anti-gang legislation. The Galway brothers were originally charged with directing a criminal organisation but pleaded guilty to a lesser charge of membership after a decision not to prosecute was entered on the more serious offence. Judge Martin Nolan at Dublin Circuit Criminal Court sentenced them to nine years imprisonment on June 11, 2012, for participating in the activities of a criminal organisation. In this appeal, Mr Justice George Birmingham found an error in principle, noting that Judge Nolan lacked sentencing guidelines as the first to apply the act. The Court of Appeal determined the original sentence was too severe given the organisation operated at mid-level criminality. Consequently, the nine-year terms were substituted with new sentences of six-and-a-half years imprisonment. The case arose from Operation Foolscap, a Garda Síochána investigation targeting a Galway-based gang. Audio surveillance revealed the brothers' involvement in three drug offences and four burglaries, though the latter were pre-empted by police. The court noted the brothers had extensive prior convictions, with most dealt with in the District Court.
The Court of Appeal has determined that an eight-year prison sentence imposed on a Roscommon man convicted of raping his neighbour's daughter was unduly lenient. President of the Court of Appeal Mr Justice Seán Ryan delivered the decision on 1 December 2014, describing the offences as standing "on the most heinous level" and involving "depravity amounting to torture". The man had pleaded guilty to multiple counts of rape and sexual assault perpetrated between 2004 and 2008 against a child who was five years old when the abuse commenced. The original sentence, imposed in July 2013 by Mr Justice Paul Carney, comprised concurrent terms across fifteen rape charges and five sexual assault charges. The Director of Public Prosecutions successfully challenged the sentencing as inadequate. Mr Justice Ryan stated the sentencing judge had erred gravely in considering eight years appropriate for the rape charges. The existing sentence will remain in place pending a new sentencing hearing scheduled for 13 February 2015.
In 2014 the Court of Appeal reduced the sentence of 29‑year‑old Shane Millea, who stabbed his cousin Paul Harris to death with a flick knife he had given him as a present. Millea had pleaded not guilty to murder but guilty to manslaughter, and was originally sentenced to ten years with two years suspended. The appeal court found the original sentence too severe and set it aside, imposing an eight‑year term with the last three years suspended on the condition that Millea remain of good behaviour for four years. The court cited Millea's immediate remorse, acceptance of responsibility, and the fact that he had stayed at the scene and provided first aid. The decision was made after considering the gravity of the offence and mitigating factors such as the circumstances of self‑defence and the victim's prior knife possession. The judgment was reserved for a later date.
The Court of Appeal set aside a 12‑year prison sentence imposed on Stephen Geraghty, 50, for possession of €4 million worth of cannabis and €350 000 of cocaine. Geraghty had pleaded guilty to the two offences in 2011, but the Director of Public Prosecution accepted that errors had been made in the sentencing. The appeal centred on whether a second offence under the Misuse of Drugs Act, amended in 2007, could be convicted when the defendant had not yet been convicted of the first offence. The court held that a mandatory minimum sentence for a second offence requires a prior conviction, and that the 2007 amendment could not apply retrospectively to Geraghty's case. The court therefore vacated the sentence and will impose a new one on 15 December. Geraghty was not present at the hearing and is suffering from a terminal illness. The decision will be fully reasoned in a reserved judgment at a later date.
In a decision by the Court of Appeal on 28 November 2014, professional accountant Ignatius Forde, aged 62 and resident on Burrin Street, Carlow, was ordered to pay an increased fine of €3,000 and to carry out 200 hours of community service. The order followed a May 1 judgment by Judge Terence O'Sullivan at the Carlow Circuit Criminal Court, where Forde had been fined €1,000 for furnishing false auditor reports. Forde had originally faced 50 counts under sections 187 and 242 of the Companies Act, pleaded guilty early, and had previously been convicted of similar offences, including a six‑year suspended sentence in 2009. The Court of Appeal, agreeing with the Director of Public Prosecutions, found the original sentence unduly lenient, noting that Forde had used the names and signatures of qualified auditors and had falsely represented himself as one.
Derek Smith (33), of Holly Road, Donnycarney, was granted bail by the new Court of Appeal following a finding of error in his sentence. Smith had pleaded guilty at Dublin Circuit Criminal Court to demanding money with menaces at a house in Whitehall, Dublin 9 on September 26, 2013. He was sentenced on November 19, 2014, to three years imprisonment with the final 18 months suspended by Judge Mary Ellen Ring. Smith, represented by Ms Anne-Marie Lawlor BL, lodged an appeal against sentence on Monday, November 24, and his case was dealt with today during the appeal stage. Appeal Mr Justice Seán Ryan, who sat alongside Mr Justice Garrett Sheehan and Mr Justice George Birmingham, stated the trial judge had erred in principle and Smith was granted bail until the court imposes a new sentence. Smith was granted bail on his own bond of €100, ordered to keep the peace and be of good behaviour, and to attend court on the next date. The matter was adjourned.
Two teenage men, Adam Heneghan (21) and Colin O'Sullivan (22), had their suspended prison sentences increased by the Court of Appeal after they sexually assaulted one woman and assaulted another with a bottle in Cork on 3 December 2011. Heneghan pleaded guilty to assault causing harm and sexual assault, receiving a nine‑year sentence with the final year suspended; O'Sullivan was found guilty by jury of assault causing harm and later pleaded guilty to sexual assault, receiving a ten‑year sentence with the final year suspended. The Court of Appeal, citing the seriousness of the offences and the defendants' youth, lack of prior convictions, and O'Sullivan's developmental issues, increased the suspended portions: Heneghan's suspended period was raised to four years, and O'Sullivan's to three‑and‑a‑half years. Both men will serve the remaining custodial time and have bonds of €1,000 to maintain good behaviour. The appeal was upheld on 25 November 2014.
Thomas Corcoran, aged 22, was originally sentenced to three years' imprisonment with the final year suspended for assault causing serious harm to a man in Kilkenny town, where the victim lost a significant portion of his ear. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, hearing the appeal on 24 November 2014, set aside the original sentence and imposed a new five‑year term, suspending the last two‑and‑a‑half years. Corcoran entered a €100 bond to keep the peace and be of good behaviour during the suspended period. The appeal court noted the violent nature of the assault and the victim's long‑term physical and psychological consequences, while also recognising mitigating factors such as Corcoran's remorse, good conduct in prison, and participation in rehabilitation programmes. The victim was present at the appeal hearing. Thomas Corcoran pleaded not guilty.
Wesley O'Brien, aged 25, was sentenced to six years in prison for violent disorder and 3½ years for intentionally causing harm after assaulting Michael Connors in his home on 14 March 2009. The Court of Appeal reduced the violent disorder sentence to four years, keeping the 3½‑year term for harm. The appeal was based on the claim that O'Brien's conduct, involving a knife, was distinct from other participants, and that his sentence should match that of a co‑accused who received a similar sentence in Wicklow. The judge noted O'Brien's assault involved sticks, golf clubs and a knife, causing severe injuries to Connors. Emma O'Brien, 32, withdrew her appeal and her six‑year sentence was upheld. The final sentence for O'Brien is four years for violent disorder, with the 3½‑year term for harm remaining. Wesley O'Brien pleaded guilty and was convicted. Emma O'Brien pleaded guilty.
In a Dublin suburb, a 43‑year‑old man was found guilty of sexually assaulting a neighbour while her eight‑year‑old son lay in bed beside her. He had been drinking and claimed he thought the victim was his partner. The boy woke to find the man in the bed, tried to stop him, and the neighbour arrived minutes later, after which the man left. The DPP appealed a two‑year suspended sentence, arguing the offence was more serious because it occurred in the victim's home while her child was present. The Court of Appeal agreed, increasing the suspended sentence to four years, which was then fully suspended and back‑dated to July 2013. The judge noted the man's guilty plea, cooperation, and remorse, but also his single prior conviction and relocation. The victim's father expressed distress at the man walking out of court. No jail time was imposed.
A man from Drumshanbo, County Leitrim, has had his sentence reduced by two years following an appeal against his conviction for dangerous driving causing death. James McDonagh, aged 54, pleaded guilty to causing the death of Jonathan Gray on St Patrick's Day 2010 on the Hilly Road in Drumshanbo. McDonagh was originally sentenced to seven years imprisonment, with the final eighteen months suspended, at Carrick-on-Shannon Circuit Criminal Court in May 2012. The Court of Appeal has now reduced this to five years with one year suspended. The President of the Court of Appeal found that the trial judge erred in principle by beginning sentencing at the maximum point of the scale. The court noted McDonagh's guilty plea, his engagement in rehabilitation during incarceration, and positive references. However, the judges emphasised the serious nature of the offence, noting McDonagh was heavily intoxicated and had left the scene. His ten-year driving disqualification remains in effect.
In November 2014 the Court of Appeal reduced the sentence of Marius Strelciunas, 33, who had been jailed for five years for dangerous driving causing serious bodily harm to a 22‑year‑old college student on 23 December 2012. Strelciunas, who was approximately four‑and‑a‑half times over the legal alcohol limit, struck the victim on a path while driving toward Barna, leaving the victim with one leg amputated above the knee and the other below the knee. The appeal court found that the trial judge had erred in principle by not giving sufficient weight to mitigating factors such as Strelciunas' early guilty plea, remorse, and only one minor prior conviction. Consequently, the court suspended three of the five years of the original sentence and reduced the 20‑year driving ban to five years, back‑dating both the sentence and the disqualification to 29 January 2014.