In March 2015 the Court of Appeal will hear the State's motion to strike out Joe O'Reilly's appeal against his 2007 conviction for the murder of his wife, Rachel O'Reilly. O'Reilly, aged 41 at the time of the trial, was sentenced to life imprisonment after a jury found him guilty of killing his wife in their Naul home. The appeal, lodged under Section 2 of the Criminal Procedure Act 1993, seeks to have the conviction declared a miscarriage of justice. The State has counter‑submitted a motion to dismiss the appeal. The hearing date of 3 March was agreed by counsel for both parties. O'Reilly was not present at the hearing. He had previously lost an appeal in 2009 and a further attempt in August 2012 to have his conviction quashed, and in November 2012 he was granted legal aid to pursue the miscarriage‑of‑justice claim after the State had not objected.
A Lithuanian national has failed in his appeal against a six-year custodial sentence imposed for cannabis cultivation offences in Donegal. Andrias Gruodis, aged 35, with an address in Ballybofey, had pleaded guilty in Letterkenny Circuit Court to possession of drugs for sale or supply and cultivation of cannabis. Judge John O'Hagan imposed concurrent six-year terms in July 2011 for the operation of a "grow house" where drugs valued at less than €24,000 were produced. The Court of Appeal heard that Gruodis had fully cooperated with gardaí and submitted that duress had played a role, with an undesirable element pressuring his sister. His barrister argued for a suspended sentence and voluntary deportation. The Director of Public Prosecutions countered that the offence was inherently serious, premeditated, and involved deliberate measures to evade detection. Mr Justice Garrett Sheehan, sitting with the President and two colleagues, found the sentence proportionate and dismissed the application.
A 38‑year‑old former jockey received a wholly suspended five‑year prison sentence for sexually assaulting his female housemate in October 2005. He pleaded guilty at the Central Criminal Court. The Court of Appeal reserved judgment on an application by the Director of Public Prosecutions, who argued the sentence was unduly lenient. The appeal hearing included the President, Mr Justice Seán Ryan, and Justices George Birmingham and Garrett Sheehan, who questioned the trial judge's remarks that the victim might have been "extremely naïve." Paul Greene SC for the DPP highlighted conflicting accounts, noting both parties were intoxicated, which could aggravate the offence. Isobel Kennedy SC for the accused argued the trial judge had carefully considered the case, including the accused's prior record and the seven‑year delay between the offence and trial. The Court of Appeal will decide on the sentence's severity no earlier than 22 November 2014.
In a 2014 appeal, a man who had been sentenced in 2012 to two years' imprisonment for five counts of sexual assault on three young children while babysitting them had the balance of his sentence suspended. The offences, committed in 1992 and 1993 when the victims were aged between four and ten, were pleaded guilty by the unnamed defendant. He had served 17 months in custody before being released on bail and had only a few weeks remaining on his sentence. The Court of Appeal, hearing the case on 13 November 2014, noted mitigating factors including the defendant's age at the time of the offences, his subsequent family life, clean work record, and the fact that he had been a victim of sexual abuse himself. The court, led by Mr Justice George Birmingham, suspended the remaining term and released him on a €100 bond, conditional on keeping the peace for one year.
In November 2014 the Court of Appeal dismissed the appeal of John Cully, a 43‑year‑old Dublin resident, who had been sentenced to eight years in prison for endangerment after he rammed a Garda patrol car in a stolen jeep on Halloween 2011. Cully had pleaded guilty to endangerment on 31 October 2011 and to using a stolen car and driving on a footpath on 17 June 2012. The original sentencing judge imposed four years for each offence, with the last two years suspended, and an eight‑year driving disqualification. The appeal was rejected because the Court of Appeal found no error in the trial judge's decision, noting Cully's guilty plea, expressions of remorse, difficult personal circumstances, serious health problems, and a history of 41 convictions, including ten for unlawful vehicle taking and a ten‑year robbery sentence. The Court of Appeal therefore upheld the eight‑year sentence and the suspended portion.
A man from Killeshandra in County Cavan has had his sentence reduced by three years following a successful appeal at the Court of Appeal. Malachy Boyle, aged 45, was originally sentenced to ten years imprisonment with three years suspended in July 2010 for transporting cannabis valued at over €400,000 from England to Ireland in his lorry. He had pleaded guilty at Dublin Circuit Criminal Court to possessing 47 kilograms of cannabis resin and 10.7 kilograms of cannabis herb discovered at Airside Retail Park in Swords, County Dublin in October 2009. The Court of Appeal found the original sentence excessive and disproportionate. The presiding judge noted that Boyle had pleaded guilty at the earliest opportunity, displayed significant remorse, and was a man of good character who had been on temporary release since December 2013, working in the community. The court imposed a new sentence of seven years with two years suspended, dating from July 2010.
Keith Meehan, aged 36, was sentenced to ten years' imprisonment with the final three years suspended for five robberies, one attempted robbery and six counts of possessing imitation firearms between 2010 and 2011. The Court of Appeal rejected his appeal, finding the sentence imposed by Judge Martin Nolan appropriate. Meehan's convictions included robbery, attempted robbery and possession of imitation firearms, with 61 prior convictions, 16 of which were for robbery. He had entered a service station, an off‑licence, a shop, a bookmaker's and two pharmacies with imitation firearms, robbing a pharmacy of 700 tablets and €900, a service station of €900, and a shop of cigarettes and €600. He also attempted to rob a pharmacy in April 2011, but the owner triggered an emergency alarm. Meehan's early guilty plea was noted to have saved the State three trials with 53 witnesses. The court noted his serious drug addiction at the time of the offences.
John Paul Maughan, aged 33, had his five‑year burglary sentence reduced to three years by the Court of Appeal. Maughan was convicted in December 2013 of burglary and threatening to kill at a Temple Bar premises. The original sentence, imposed by Judge Patrick McCartan, was five years imprisonment with the final year suspended for burglary and three years for threatening to kill. On appeal, barrister Luigi Rea argued that Maughan had no intention to rob the premises and that the offence was committed while he was on bail. Judge Seán Ryan found that the trial judge had erred in principle by sentencing Maughan to five years, noting the seriousness of burglary and Maughan's extensive criminal record. The Court therefore reduced the burglary sentence to three years, which Maughan will serve consecutively with the three‑year threatening‑to‑kill term. The reduction was based on the circumstances of the crime and the need to protect the community.
Stephen Geraghty, aged 50, was sentenced in 2011 to 12 years' imprisonment for possession of over €4 million worth of cannabis and €350 000 worth of cocaine. In 2014 the Court of Appeal reserved judgment on an issue concerning the Misuse of Drugs Act as amended by the Criminal Justice Act 2007. The question was whether a person could be convicted of a second offence under the Act when no prior conviction under the Act existed. Geraghty had not been convicted of the first offence and was on bail when the second offence was committed. He had absented himself from jurisdiction in September 2004, turned himself in in 2009, and was arraigned on both charges on 2 February 2010, pleading guilty.
Mr Justice Seán Ryan, newly appointed President of the Court of Appeal, praised the court's ambitions and intentions as large and noble. He noted that the court had begun with massive popular acclaim and that the criminal bar welcomed the appointment of the registrar, who had remained in her role. The first criminal case before the court was heard by Mr Justice Ryan, Ms Justice Mary Irvine and Mr Justice George Birmingham. Senior counsel Paul Coffey welcomed the court and highlighted the support from the criminal bar, while State solicitor Padraig Taylor conveyed the Director of Public Prosecutions' best wishes. Mr Justice Ryan expressed pride in his position and emphasized that the court would not be hampered by the scale of its task. He stated that the court would address all criminal cases and handle sentencing matters before the end of term, and that he would sit next week to set dates for conviction cases.
In a 2014 appeal, the Court of Appeal reduced the 24‑year‑old Jason Morrissey's 14‑year sentence for unlawfully killing 25‑year‑old James Tynan to ten years, while keeping his other convictions intact. Morrissey had pleaded guilty to the unlawful killing after striking Tynan with a single punch on February 19, 2012, at Liberty Square in Thurles. The court noted that the fatal blow was not a premeditated assault and that Tynan died the next day after falling to the ground. Morrissey's case also included three separate assault sentences and a theft sentence, all running concurrently, for a total of 21 years with three years suspended. The appeal was limited to the unlawful‑killing conviction, and the Court of Appeal confirmed the ten‑year sentence as appropriate and proportionate. The other convictions and their start dates remained unchanged.
In a 2014 appeal, Liam McCarthy, aged 30, failed to overturn a nine‑year sentence for assaulting army veteran Martin Butler, aged 51, with an ornamental sword. The attack, described as savage, left Butler with brain damage, partial paralysis, and permanent communication difficulties. McCarthy had previously served a suspended sentence for assault and was under its terms when he struck Butler from behind, striking the left side of his head and causing a penetrating brain injury. McCarthy pleaded guilty to assault causing serious harm, producing an offensive weapon, and violent disorder. The Court of Appeal dismissed his appeal, noting that any provocation or self‑defence was grossly excessive and that the nine‑year sentence was appropriate for the severity of the assault. The judge also observed that the earlier suspended sentence had not deterred the offence. The appeal was dismissed.
In the first criminal case heard by the new Court of Appeal, Kastriot Boza, aged 41, appealed a February 2012 sentence of six years' imprisonment with the final two years suspended for impeding a Garda murder investigation. The case concerned the murder of Peter Gunn, 29, who was found stabbed to death in Dunsoghly Lane, The Ward, on 15 January 2009 after being missing for 11 days. Boza admitted to disposing of a meat knife and a blood‑stained carpet to hinder the apprehension of the alleged murderer. He pleaded guilty on the morning of his trial, which took place in Dublin on 6 and 7 January 2009. The Court of Appeal, presided over by Justice Seán Ryan, reduced Boza's sentence to four years with the final two years suspended, noting mitigating factors such as duress, his cooperation with the prosecution, and his participation in the Witness Protection Programme.
Patrick O'Brien, aged 74, pleaded guilty to 16 rape and indecent assault charges committed between 1973 and 1982 at Mackintosh Park, Pottery Road, Dun Laoghaire. The trial judge, Mr Justice Paul Carney, described the case as one of the worst abuse cases and, considering O'Brien's health, sentenced him to 12 years in prison, suspending the final nine years and granting bail pending appeal. The DPP has appealed, arguing the sentence was unduly lenient. The State's application will be heard by the new Court of Appeal on 17 December, while O'Brien remains in prison serving the unsuspended portion of his sentence.
In a ceremony on 29 October 2014, Chief Justice Susan Denham issued a direction under Article 64 of the Constitution, determining which cases would be heard by the newly established Court of Appeal. The direction transferred 258 certified appeals to the new court, while 327 appeals deemed ready for hearing remained with the Supreme Court. The new court will hear civil and criminal matters that have not been fully or partially heard by the Supreme Court before 28 October 2014, including appeals from High Court orders in summary judgment, security for costs, common law motions, personal injury, defamation and privacy actions. It will not consider priority appeals or those with fixed hearing dates before 28 October. The Supreme Court will retain cases from the Court of Criminal Appeal, certain extradition and human trafficking matters, cases referred to the European Court of Justice, and any case stated from the High or Circuit Court.
In 2014, the Criminal Court of Appeal reduced the sentences of Aurelius Zrielskies (39) and Gintautas Bagdonas (35), both Lithuanian, who had kidnapped and violently assaulted an addict in May 2010 over a €2,200 drug debt. The original trial had sentenced them to 12 years' imprisonment for false imprisonment, with two years suspended, and four years for assault. The appeal court found the judge had erred in the false imprisonment sentence, deeming a 10‑year term more appropriate. The final three years of the original sentence were suspended, and both men were required to serve an 18‑month probationary period after release. The appeal did not alter the assault convictions, which remained at four years each. The case highlighted the severity of the kidnapping and assault, as described by Garda Inspector Michael Coppinger and the DPP's counsel.