Court archive

Court of Appeal

2025-12-15 · Dublin

Combined sentences of 35 years imposed on notorious rapist were justified, Court of Appeal rules

The Court of Appeal has ruled that the combined sentences of 35 years imposed on a notorious rapist were justified, as the offences are at 'the highest level of gravity.' Michael Murray, who was found guilty in 2021 of making death threats against his lawyers and harassing his victim, had appealed the severity of his 16-year sentence. The court dismissed the appeal, stating that there were no mitigating factors and that the sentences were justified given Murray's re-victimisation of his rape victim, the attack on the lawyers involved, and his 'appalling criminal record.' Murray, who has 34 previous convictions, including those for common assault, carrying firearms, robbery, and aggravated burglary, was sentenced to nine years for the threat to one lawyer and seven years for the threat to another. The judge ordered that these sentences be served consecutively to each other, for an effective operative sentence of 16 years. The court emphasized that the sentences were necessary to ensure that the punishment was 'condign but proportionate' and that the totality principle was correctly applied. Michael Murray pleaded not guilty.

2025-12-12 · Dublin

Double murderer appeals conviction, claiming tweet from an account linked to prosecution expert was used as 'marketing tool'

Jason O'Driscoll, convicted of the murders of Anthony Burnett and Joseph Redmond in Co Louth in 2012, had his appeal reheard today before a reconstituted Court of Appeal panel. The matter was previously adjourned after it emerged that one of the original judges, Mr Justice Patrick McCarthy, had presided over O'Driscoll's 2017 trial. O'Driscoll, who pleaded not guilty and was sentenced to life imprisonment in October 2018, argues that the conviction is unsafe due to flawed expert vehicle identification evidence and a tweet from a prosecution expert's account. Defence counsel Seán Guerin contended that the evidence from Acuity Forensics lacked scientific validity and that the tweet, which congratulated the Gardaí on the conviction, acted as a "marketing tool" undermining the expert's independence. The prosecution, represented by Patrick Gageby SC, maintained that the vehicle identification was part of the circumstantial evidence and that the tweet did not indicate a lack of impartiality. The court has reserved judgment on the appeal.

2025-12-12 · Offaly

Jozef Puska gets date to appeal Ashling Murphy murder conviction

Court of Appeal President Ms Justice Caroline Costello has fixed a hearing date for Jozef Puska's appeal against his conviction for the murder of Ashling Murphy. The appeal is scheduled for April 23 and 24, 2026. Puska, who pleaded not guilty to murdering Ms Murphy at Cappincur, Tullamore, Co Offaly on January 12, 2022, was convicted by a jury and is serving a life sentence. His legal team indicated that submissions are advanced but await two relevant Court of Appeal judgments. Ms Justice Costello noted that waiting indefinitely was not viable and set the date to progress the listing of cases. The appeal is expected to last two days. Puska has been granted legal aid for the appeal. In related matters, his brothers Marek and Lubomir Puska were each sentenced to 30 months in prison for withholding information. Their wives, Viera Gaziova and Jozefina, received sentences of 24 and 21 months respectively for burning evidence. Additionally, Puska's partner, Lucia Istokova, pleaded guilty to withholding information and was sentenced to 20 months. These sentences were handed down earlier this year, prior to the start of the relatives' trial.

2025-12-08 · Louth

Pair who carried out 'prolonged' hammer attack in which grandmother lost eye have convictions upheld

A former couple who carried out a 'prolonged' three-hour attack on a grandmother, who lost an eye after being struck several times with a hammer and tied up in a bin bag, have had their convictions upheld by the Court of Appeal. Gerard Stokes (44) and Samantha Campbell (36) were convicted of seriously assaulting the woman, falsely imprisoning her, and committing an aggravated burglary. The attack, which occurred at Stokes' home in December 2018, involved Stokes repeatedly hitting the victim with a hammer and threatening to kill her. The woman was tied in a bin bag and subjected to severe injuries, including the loss of her eye. Stokes received a 13-and-a-half-year sentence, with two years suspended, while Campbell received a 12-year term, also with two years suspended. The pair appealed their convictions, arguing that the victim's statement to gardaí should not have been admitted as she was 'in and out of consciousness' at the time. However, the Court of Appeal dismissed the appeal, stating that the statement was made voluntarily and was reliable.

2025-12-05 · Dublin

Arsonist who had manslaughter conviction quashed is re-sentenced to six years

An arsonist who had his manslaughter conviction quashed by the Court of Appeal has been re-sentenced to six years in prison. Dean Boland (37) was originally jailed for eight years in March 2023 after being convicted of the unlawful killing of Ohari Viera in August 2018. Boland had broken into a Dublin residential property, stole a rucksack, and set fire to the building. Mr Viera, who was living upstairs with two others, managed to evacuate safely, but he later returned to the property for an unknown reason and did not return. The fire engulfed the building, and Mr Viera died from cardiac arrest due to smoke inhalation. The Court of Appeal quashed Boland's manslaughter conviction, stating that Mr Viera's return to the fire broke the chain of causation. The case was returned for sentencing on the counts of arson and burglary. Judge Elma Sheahan imposed a six-year sentence on Boland for arson, backdating it to December 2022. She noted Boland's 32 previous convictions and the serious nature of the offence.

2025-12-04 · Dublin

Serial sex attacker Gierlowski argues DNA evidence should have been excluded

Slawomir Gierlowski, a convicted serial sex offender, appeared before the Court of Appeal to challenge his conviction for the May 30, 2011, attack on a young mother at Ballymount Park. Gierlowski, who maintains his innocence, was found guilty by a jury of assault causing harm, false imprisonment, and production of an article. His legal team argued that the case relied on fragile circumstantial evidence and weak forensic material, specifically DNA found on a cigarette packet and a flex. Counsel for the State countered that the evidence must be viewed cumulatively, noting that the flex bore Gierlowski's partial fingerprint and the victim's DNA, while a Marlboro box with his DNA was found near the scene despite his denial of smoking that brand. The Court of Appeal reserved its judgment on this appeal. Gierlowski's current status stems from a July 2021 sentencing where he received a further ten years consecutive to his 2018 sentence of 22.5 years (with four years suspended) for prior attacks, totaling 28.5 years. He was subsequently sentenced to an additional six years for the Ballymount Park offence. The matter remains under appeal, with the court yet to deliver its final decision on the validity of the conviction.

2025-12-04 · Dublin

New sentencing guidance sees abuser's jail term more than doubled

Gerard Nevin, who was convicted of sexually abusing his stepdaughters, had his original four-year prison sentence increased to ten years by the Court of Appeal following new sentencing guidelines. The court found that the seriousness of the abuse, which occurred over a period of eight years, warranted a longer sentence. The victims, who were aged between seven and 16 when the abuse occurred, waived their right to anonymity. The judge noted that the abuse was systematic and calculated, causing significant harm to the victims. The new guidelines placed Nevin's case in the upper range of offending, with a headline sentence of nine to 14 years. The court imposed a 12-year sentence, with two years suspended, and required Nevin to engage in offense and victim-focused work. The case was highlighted as one of the most serious sexual abuse cases due to the prolonged nature of the offending and the vulnerability of the victims. Gerard Nevin pleaded guilty.

2025-12-03 · Dublin

'Hermit' caught with child abuse material gets fully suspended sentence

Ramon Terrobias, a 62-year-old defendant, pleaded guilty to one count of possession of child sexual abuse material (CSAM) on March 13, 2021. The matter was heard at the appeal stage, where Judge Martin Nolan imposed a two-year sentence, suspended in full on strict conditions. The court noted that Terrobias was found in possession of 296 files of CSAM, comprising 144 images and 152 videos, seized from his home in Finglas, Dublin 11. During the search, Terrobias made admissions and pointed to the devices containing the material. He told gardai that another member of a Facebook group forwarded him the material, and he claimed he saved it to investigate who was victimising children, rather than for personal gratification. The prosecution acknowledged there was no evidence of distribution or prior offending. Defence counsel highlighted Terrobias' social isolation, describing him as living "effectively as a hermit," and noted his low risk of re-offending. The judge accepted that there were no aggravating features such as distribution or previous convictions. Citing a Court of Appeal precedent favouring non-custodial sentences in the absence of such aggravating factors, the judge imposed the fully suspended sentence based on the mitigation and the defendant's personal circumstances.

2025-12-03 · Dublin

Criminal who conspired with garda murderer over trial witness loses appeal

Dean Byrne (32) has lost his appeal against a conviction for conspiring to pervert the course of justice in the trial of garda murderer Aaron Brady. Byrne had attempted to dissuade witness Daniel Cahill from giving evidence by sending his garda statement to a third party. Mr Justice Brian O'Moore dismissed Byrne's appeal, stating that the use of the witness statement was unlawful. Byrne's lawyers had argued that no offence was committed if lawful means were used to dissuade a witness from giving false evidence, but the court found that Byrne had used unlawful means. The Director of Public Prosecutions intends to appeal the leniency of Byrne's two-year sentence. Byrne, who has spent most of his adult life in prison, is no longer in custody but was present for the ruling.

2025-12-02 · Ireland

Schoolgirl rapist and murderer says new technology could 'undermine' his conviction

Lawyers for John McDonagh, a 51-year-old man serving a 24-year prison sentence for the rape and murder of a Connemara schoolgirl, have argued that advances in forensic technology could undermine his conviction. McDonagh was found guilty in 2001 of the rape and murder of Siobhan Hynes (17) at Tismeain beach. Fibres from Hynes's clothing were found on McDonagh's jumper and in his car, supporting the prosecution's case. McDonagh's legal team, led by Michael O'Higgins SC, is seeking to re-examine the forensic evidence using modern technology. They argue that the trial did not consider new testing methods and that some forensic samples were not tested. Expert witnesses will provide evidence in February, and the court is considering whether new testing could affect the outcome of the case. The appeal is based on the potential for new technology to reveal previously unseen details in the forensic evidence. The unnamed 51-year-old pleaded not guilty.

2025-12-01 · Dublin

Court of Appeal jails dangerous driver who fled scene after breaking red light

The Court of Appeal has ruled that Jim Connors (31) should not have received a fully suspended sentence for dangerous driving that caused serious harm to a taxi passenger and fleeing the scene. Ms Justice Tara Burns stated that the sentencing judge failed to impose a proportionate sentence for the serious nature of the offence. Connors, from Carrickmines, Dublin, pleaded guilty to multiple charges, including dangerous driving causing serious bodily harm and failing to assist the injured person. Judge Martina Baxter had initially imposed a four-and-a-half-year sentence, which she suspended in full on the condition that Connors keep the peace and be of good behaviour for five years. The DPP appealed, arguing the sentence was unduly lenient. The Court of Appeal agreed that the suspension was inappropriate, noting that the rehabilitation evidence was not exceptional enough to justify the full suspension. The court quashed the original sentence and resentenced Connors to four years and six months in prison, with a ten-year driving disqualification. A bench warrant was issued for Connors' arrest as he failed to appear for the resentencing.

2025-11-21 · Dublin

Sex assault conviction overturned after 'fairly sure' judge's charge

A man convicted of sexually assaulting his younger cousin over a four-year period has had his conviction overturned by the Court of Appeal and will face retrial. The 29-year-old, who cannot be identified to protect the complainant, was sentenced to five and a half years imprisonment following conviction on ten counts of sexual assault at Dublin Circuit Criminal Court. The alleged assaults occurred during a holiday in Leitrim and subsequently at a Dublin residence between 2007 and 2011, when the complainant was aged six to ten years old. The accused maintained his innocence throughout proceedings. In his judgement, Mr Justice Peter Charleton found that the trial judge's charge to the jury contained problematic language regarding the standard of proof beyond reasonable doubt. The judge's references to being "fairly sure" and a ruler analogy were deemed to have undermined an otherwise adequate instruction, potentially lowering the threshold for conviction. The Court of Appeal determined the conviction must be set aside. The matter is scheduled for mention at Dublin Circuit Criminal Court on 28 November 2025.

2025-11-20 · Dublin

Four-year jail sentence for man's 'systematic' abuse of stepdaughters too lenient, court finds as new sentencing guidance issued

The Court of Appeal has issued new sentencing guidance for sexual assault offences after finding that the sentence imposed on Gerard Nevin was too lenient. Nevin, 42, pleaded guilty to 22 counts of sexual assault committed between 2012 and June 2020 against his stepdaughters, Catalina Grancea and Alexa Grancea. The charges included 12 counts relating to Catalina Grancea, involving inappropriate touching of her buttocks, breasts, and thigh. In November 2024, Judge Sinéad Ní Chúlacháin imposed a global sentence of six years, with the final two years suspended. The State appealed, arguing the reduction from a nine-year headline sentence was excessive and that the suspension lacked evidential basis. Mr Justice Peter Charleton agreed, stating that the six-year sentence does not meet the gravity of the offences, which he described as systematic and calculated. The court noted that without the new guidance, the trial judge's approach was not sufficiently informed. The matter was adjourned to December 4 for re-sentencing in light of the new analysis, which places the offending in the upper range with a recommended headline sentence between nine and 14 years.

2025-11-20 · Louth

'Punishment beating' victim was 'in and out of consciousness' during garda statement, appeal told

The Court of Appeal has heard submissions in an appeal by Gerard Stokes and Samantha Campbell, who were convicted of seriously assaulting a woman, falsely imprisoning her, assaulting her friend, and aggravated burglary. The matter was adjourned as the court reserved judgment. Stokes, 44, received a 13-and-a-half-year sentence with two years suspended, while Campbell, 36, received a 12-year term with two years suspended. The victim, a grandmother in her 50s, lost an eye in the attack and now uses a prosthesis. Defence counsel Roderick O'Hanlon SC argued that the victim's hospital statement should not have gone before the jury because she was "in and out of consciousness" and "virtually asleep" during the reading back. He contended that medical evidence confirming her fitness to testify was absent, and that morphine may have still been administered. Counsel for the State, Timothy O'Leary SC, countered that a substantial voir dire took place and the circumstances were serious. The appeal centres on the admissibility of the statement, with the court hearing that the victim later sought to withdraw it due to memory loss. The procedural stage is an appeal, and the finalisation is an adjournment.

2025-11-20 · Wexford

Armed robber whose threat demands victim later committed suicide fails in appeal

Kenneth Kelly, 54, of Monaseed Demesne, Gorey, was sentenced to six years in prison by Judge James McCourt at Wexford Courthouse for demanding €1,000 from a victim over an alleged drug debt on 31 January 2024, a crime that involved threats and the possession of a .177 calibre air pistol and ammunition. Kelly had 12 prior convictions, including armed robbery. He appealed, arguing the judge had wrongly linked his threats to the victim's subsequent suicide and that the eight‑year headline sentence was excessive. The Court of Appeal, led by Mr Justice Anthony Collins, rejected the appeal, noting the maximum penalty for such an offence is 14 years and that the judge had not erred in assessing the gravity of the crime or Kelly's culpability. Collins upheld the six‑year sentence, stating no evidence justified suspending any part of it. The appeal was dismissed. Kenneth Kelly pleaded guilty.

2025-11-17 · Limerick

Jail term reduced for youth in 'frightening' home invasion

The Court of Appeal has reduced the jail term for a Limerick man, who was 16 at the time of offending, regarding two separate violent disorder offences. The appellant, who cannot be named due to his age when first appearing in court, had previously been sentenced by Judge Colin Daly to three and a half years for an August 2021 home invasion in Limerick, with the final six months suspended. At that same sitting, he received a consecutive two-year sentence for an August 2023 attack at a filling station, where he pleaded guilty to using a slash hook. The Court of Appeal, led by Mr Justice Patrick McCarthy, ruled that the appellant's status as a minor was a salient mitigating factor. Mr Justice McCarthy found that the sentencing judge erred by setting a headline sentence of seven years. He determined an appropriate headline sentence of three years for both offences, reduced to two years after mitigation. The two-year sentence for the filling station offence was ordered to run consecutively to the other sentence but was suspended for two years, conditional on the applicant entering a bond to keep the peace and be of good behaviour. Consequently, the court ordered the defendant to serve two years in prison.

2025-11-14 · Dublin

More juvenile murder appeals 'coming down the tracks' following Supreme Court ruling, judge notes

The President of the Court of Appeal, Ms Justice Caroline Costello, noted that several cases involving young offenders sentenced to life for murder are likely to be reviewed following a Supreme Court ruling that life sentences for child killers should only be imposed in exceptional circumstances. Two 17‑year‑olds have applied for extensions to challenge their sentences. Giollaíosa Ó Lideadha SC seeks more time for his client, who received a life sentence for the 2018 murder of Adam Muldoon, stabbed 183 times. Mr Ó Lideadha said many similar applications exist, but the DPP will advise the court. Solicitor Patrick Geraghty, representing the DPP, explained that the Supreme Court held life sentences with review are not recognised in law and that the DPP is examining cases where a review is possible. Mr Geraghty cited the case of a teenager convicted for the murder of Cameron Blair, noting it has been adjourned to December 5 for further consideration. The unnamed accused pleaded guilty.

2025-11-13 · Dublin

Gang rapists fail in bid to have conviction overturned

The Court of Appeal has dismissed the appeals against conviction lodged by Dion Genockey and Daryl Rooney, who were previously convicted of the gang rape of a vulnerable teenager who had recently left State care. The court ruled that the trial was "appropriate, fair and balanced," rejecting arguments that issues surrounding consent rendered the proceedings unfair. Genockey, of Clarion Quay Apartments, and Rooney, of Railway Street, Dublin City Centre, were convicted at the Central Criminal Court in March 2022 following a second trial; the first trial in 2020 ended without a verdict. Genockey was sentenced to nine years by Mr Justice David Keane, while Rooney received a ten-year sentence. A third accused, Troy Ryan, was also convicted and sentenced to nine and a half years. The appellants had argued that the trial judge failed to adequately address their right to silence and their belief in the complainant's consent. The Court of Appeal, in a judgment delivered by Mr Justice John Edwards and Ms Justice Isobel Kennedy, found that the jury was properly instructed on these matters and that there was prima facie evidence of the mental element of the offence. The appeals were dismissed, leaving the original convictions and sentences intact.

2025-11-13 · Dublin

DNA evidence correctly admitted in Sunset House murder trial, court rules

The Court of Appeal upheld the conviction of Christopher Slator for the 2016 murder of Michael Barr at Dublin's Sunset House pub, confirming that DNA evidence was correctly admitted. Mr Justice John Edwards dismissed Slator's appeal, noting the DNA profile matched Slator on both a rubber mask and the tongue of runners recovered from the vehicle used by the murderers. The court found the evidence relevant, probative and admissible, and rejected arguments that the prosecution failed to prove no innocent explanation for the DNA's presence. It also rejected claims of contamination or cross‑contamination, stating the SCC's conclusions were cogent and grounded in evidence. The appeal concerning a trip to Thailand was deemed admissible as circumstantial evidence. The judgment affirmed the SCC's detailed, comprehensive analysis and confirmed Slator's conviction as safe and final. Christopher Slator pleaded not guilty. Sunset House pleaded not guilty.

2025-11-10 · Dublin

Taxi driver who assaulted clamper fails to persuade court that subsidised jury lunches led to bias

In the Court of Appeal, Mr Justice Peter Charleton dismissed Feliks Andrianov's appeal against his conviction for assault causing harm. Andrianov, who represented himself, had argued that subsidised jury lunches created bias, but the judge found no rational basis for such a claim. He also rejected Andrianov's allegations of judicial bias, claims that the judge had created a "psychological relation" with the jury, and that the judge had allowed the court to view videos of the assault. The judge noted that the evidence from body‑cam and CCTV was admissible and that Andrianov's statements about the judge and his own actions were unfounded. The appeal was rejected, and the original sentence of 18 months suspended for 18 months was upheld. The case remains at the trial stage, with no further review of the sentence requested.

2025-11-10 · Dublin

Regency hotel getaway drivers fail in bid to overturn their convictions

The Court of Appeal has upheld the convictions of Jason Bonney, aged 55, and Paul Murphy, aged 64, who were found guilty of acting as getaway drivers during the 2016 Regency Hotel attack in Dublin, in which Kinahan Cartel member David Byrne was killed. Mr Justice John Edwards dismissed all grounds of appeal advanced by both men, finding the evidence presented to the Special Criminal Court was capable of supporting the convictions. The judge rejected contentions that CCTV footage was insufficiently reliable to identify the vehicles involved and that the men lacked knowledge of the Hutch criminal organisation. He also dismissed arguments that pre-arrest interviews should have been ruled inadmissible. Murphy, from Swords, County Dublin, was sentenced to nine years' imprisonment, while Bonney, from Portmarnock, Dublin, received eight and a half years. Both men indicated they will proceed with separate appeals against their sentences. Paul Murphy pleaded not guilty and was acquitted.

2025-11-07 · Ireland

Retired Defence Forces member loses appeal against sexual assault conviction

In a Court of Appeal hearing on 7 November 2025, the appeal of retired Defence Forces member Richard Muldarry was dismissed. Muldarry had been convicted in a Court Martial in April 2024 of multiple sexual assault offences committed at a military base on 13 November 2021, including assaulting a female colleague by placing his hand on her leg and a male colleague by hugging and moving his face towards him. He also faced charges of conduct prejudicial to good order and discipline, such as lying on his back, raising his legs and presenting his buttocks area, and simulating oral sex. Muldarry argued that the trial judge erred by admitting forensic psychiatric evidence and by refusing photographs of his injuries. The Court of Appeal found no error in those decisions and upheld the conviction. The case remains at the conviction stage, with no further outcome announced.

2025-11-06 · Limerick

Gangland criminal who caused death of student in notorious hit-and-run gets further five years in jail

Kieran Fogarty, aged 21, was resentenced by the Court of Appeal to a total of 14 years in prison, with the final year suspended, after the original eight‑year sentence was deemed unduly lenient. The appeal concerned his role in the fatal hit‑and‑run that killed 21‑year‑old student Joe Drennan on Dublin Road, Limerick, on 13 October 2023. CCTV showed Fogarty driving at 100–122 km/h in a 50 km/h zone, colliding with Drennan's car, then wiping the steering wheel for 14 seconds before fleeing. The Court of Appeal also addressed his other offences: a drive‑by shooting and a drugs‑for‑sale charge. Sentences for the firearms offence and the drugs charge were reduced to eight and four years respectively, while the dangerous‑driving‑causing‑death sentence was set at eight years, to run concurrently with the firearms sentence. Fogarty was disqualified from driving for 20 years. Kieran Fogarty pleaded guilty.

2025-11-06 · Wexford

Convicted robber should not have been 'blamed' for suicide of threat victim, appeal told

In a Court of Appeal hearing on 6 November 2025, the court found that a judge had erred by attributing the suicide of a man who had been threatened over a €1,000 drug debt to the actions of Kenneth Kelly, a 54‑year‑old convicted armed robber. Kelly, who had pleaded guilty to demanding money with menaces and was sentenced to six years in prison in June 2025, had been accused of a prolonged campaign of threats. Defence counsel argued that the judge over‑extended the causal link between Kelly's conduct and the victim's death, noting the victim's mental health difficulties. The appeal focused on the severity of the sentence, with counsel suggesting a seven‑year term would have been more appropriate. The court, led by Ms Justice Isobel Kennedy, upheld the original sentence but reserved further judgment, with a decision scheduled for 20 November 2025.

2025-11-04 · Kildare

Ex-army captain fails in bid to overturn dismissal for sex assault

Ross O'Shea, a former army captain, was found guilty by a General Court Martial in October 2022 of sexually assaulting a female non‑commissioned officer at a barracks social function on 25 June 2020. He was convicted of two charges – sexual assault and a Section 2 assault under the Non‑Fatal Offences Against the Person Act 1997 – and was dismissed from the Defence Forces. A custodial sentence of six months at the Curragh Camp was imposed but suspended for one year. O'Shea had pleaded guilty to five of 18 charges, was acquitted of seven, and four were withdrawn. In a Court of Appeal hearing on 4 November 2025, Mr Justice John Edwards upheld the dismissal, noting the conduct was "corrosive of discipline" and that the psychological impact on the victims was significant. The victims welcomed the decision. The appeal argued the offences were an aberration in an otherwise glittering career, but the court found the dismissal justified.

2025-10-23 · Dublin

Taxi driver who assaulted clamper claims jury 'dined with State' with subsidised lunch

A 55‑year‑old taxi driver, Feliks Andrianov, appealed his conviction for assaulting a security guard at a McDonald's restaurant near Dublin Airport. He argued that the jury's subsidised lunch created a "psychological relation" with the State, biasing the verdict, and that the trial judge was biased by questioning the jury about their meal. Andrianov claimed his defence team failed to present a legitimate defence, that CCTV footage was admitted without verification, and that he was denied the right to finish his testimony. He also alleged misdirection regarding the offence under the Non‑Fatal Offences Act and that his counsel had not followed his instructions. The Director of Public Prosecutions countered that the judge's rulings were justified and that the evidence was admissible. The court will reserve judgment on the appeal.

2025-10-21 · Louth

Sham doctor who circumcised seven boys argues he wasn't given enough credit for 'seeing the light'

Philip Ogbewe, a 61-year-old man from Drogheda, Co Louth, appeared at the Court of Appeal to challenge his sentence for performing illegal circumcisions on seven boys between January 2018 and October 2019. Ogbewe pleaded guilty to seven counts of endangerment and seven counts of assault causing harm. In July 2024, Judge Elma Sheahan imposed a four-and-a-half-year sentence on each endangerment count, with one running consecutively and the rest concurrently. After applying the principles of totality, the effective sentence was reduced to seven and a half years, with the final 12 months suspended. Ogbewe's counsel, Giollaosa Ó Lidheada SC, argued the headline sentence was too high and that Ogbewe was not given sufficient credit for his remorse and reformation after "seeing the light." He contended that Ogbewe's prior three-year sentence for a separate 2015 offence, which expired just before these charges were laid, should have influenced the totality calculation. The Director of Public Prosecutions, represented by Shane Costelloe SC, maintained the sentence was sound, citing grave aggravating factors including the number of victims and Ogbewe's knowledge that his actions were illegal. The court reserved its judgment, meaning the matter was adjourned and not concluded.

2025-10-20 · Ireland

Double killer fails in bid to overturn threat conviction after 'falsified records' allegation

Stephen Penrose, aged in his 40s, appealed against a two‑year prison sentence for threatening to damage a prison officer's home at Cloverhill. He argued that his right to a fair trial was breached because the State failed to provide contemporary prison logbooks and that the documents were falsified. The Court of Appeal found no evidence that the logs recorded any fire alarm or sprinkler activity and that the prison officers' testimony that no sprinkler went off was accurate. The judges noted that the State had eventually produced the journal entries on the day of sentencing, and that Penrose had been told the entries were in an archive but not indexed. The appeal was dismissed on all grounds, with the court stating that the material had no reasonable impact on the case. Penrose also claimed a failure to disclose CCTV and alleged witness falsehoods, but these were not accepted.

2025-10-17 · Donegal

UK authorities held charges over RUC shooting 'in back pocket' for decades - lawyer

Two men sought by United Kingdom authorities on charges connected to a 1975 RUC shooting have argued before the Court of Appeal that decades-long delays in pursuing their extradition amount to an abuse of process. John Edward McNicholl, aged 73, of Newmills, Letterkenny, County Donegal, and Seamus Christopher O'Kane, aged 74, of Scalestown, County Meath, face charges relating to the investigation into the murder of Constable Robert John McPherson in County Derry on 26 July 1975 and an attempted murder. Both men escaped from the Maze Prison in May 1976 before trial. The High Court previously ruled in their favour regarding delay grounds was insufficient to refuse surrender, though noting some periods of inaction by authorities. At appeal, counsel for both men contended the nearly 50-year delay constituted an abuse of process, with prosecution decisions dating to 1976. The Minister for Justice's representative characterised the case as fundamentally one of delay rather than abuse of process. The three-judge court reserved judgement.

2025-10-13 · Dublin

Four-year jail sentence for 'systematic and calculated' abuse of stepdaughters too lenient, State argues

In October 2025 the State appealed a four‑year jail sentence for Gerard Nevin, who pleaded guilty to 22 counts of sexual assault against his stepdaughters, Catalina and Alexa Grancea, between 2012 and 2020. Nevin, aged 42, was sentenced by Judge Sinéad Ní Chúlacháin to a global term of six years, with the final two years suspended. The victims, aged between seven and sixteen during the offences, waived anonymity. The appeal, presented by Caroline Latham BL for the Director of Public Prosecutions, argued the sentence was inadequate, disproportionate and unduly lenient, citing the systematic and frequent nature of the abuse, the victims' ages, and the lack of evidential basis for the suspended portion. Nevin's counsel, Tim O'Leary SC, countered that the judge had correctly applied mitigating factors, including Nevin's guilty plea, lack of prior convictions, and expressed remorse. The court has reserved judgment on the appeal.

2025-10-10 · Kildare

Double killer dismisses legal team ahead of appeal for 'gruesome' murder

Stephen Penrose, a 42‑year‑old serving a life sentence for the murder of Philip Finnegan, dismissed his legal team before his scheduled appeal hearing. Penrose had represented himself in the 2021 trial after earlier dropping two legal teams. The jury found him guilty of murdering Finnegan, 24, at Rahin Woods on 10 August 2016, after CCTV and forensic evidence linked him to the crime. Penrose had previously been found not guilty of murder in a 2010 trial for a different killing. Ahead of the appeal, Penrose notified the court of his decision to dismiss his solicitors and counsel, a move confirmed in a video consultation. The Court of Appeal, noting the lack of communication from the former team, adjourned the hearing to 24 October to verify the dismissal and allow a new solicitor to appear. The case remains pending.

2025-10-10 · Dublin

Couple seek to have overturned conviction for female genital mutilation declared miscarriage of justice

A married couple, originally from a French-speaking region of Africa, are seeking to have their overturned convictions for female genital mutilation (FGM) declared a miscarriage of justice, a court has been told. The couple was initially convicted in 2020 of FGM and child cruelty on their one-year-old daughter, but their convictions were quashed on appeal due to issues with the translation of their testimony. A retrial in 2023 resulted in a jury being unable to reach a verdict. The charges were subsequently dropped by the Director of Public Prosecutions, who entered a nolle prosequi in July 2024. The 43-year-old man and 33-year-old woman, who cannot be named to protect the identity of the child, pleaded not guilty to one count of FGM and one count of child cruelty on September 16, 2016. Hugh Hartnett SC, representing the man, stated the matter is not an appeal but an application for a miscarriage of justice certificate, citing that the evidence given was incorrect. Counsel for the woman, Giollaíosa Ó Lideadha SC, noted complex medical and procedural issues, including an expert report from December 2023 that found no FGM. The matter was listed for hearing on January 22 and 23 next. FGM has been illegal in Ireland since 2012, with a maximum sentence of 14 years imprisonment.

2025-10-07 · Dublin

Arsonist's manslaughter conviction quashed on appeal

In a Dublin case, Dean Boland, 37, had his manslaughter conviction quashed by the Court of Appeal after he was found guilty in 2022 of unlawfully killing Ohari Viera, 37, during a 2018 arson following a break‑in. The Court held that while Boland started the fire, Viera's voluntary return to the burning building was an independent act that broke the causal chain. Justice Tara Burns ruled that the fire was not the legal cause of Viera's death, and that the trial judge erred by not withdrawing the manslaughter charge from the jury. Boland remains in custody awaiting a hearing on the other charges. The decision was based solely on the facts presented in the appeal, with no reference to later outcomes or additional evidence. Dean Boland pleaded not guilty.

2025-10-06 · Limerick

Child abuser fails to overturn conviction

A 61‑year‑old Limerick man failed to overturn a conviction for sexually abusing his partner's daughter over a two‑year period when she was 12 to 14. The Court of Appeal rejected his appeal, upholding the jury's finding of guilt on 31 counts of sexual assault, oral rape, attempted rape and attempted anal rape at various Limerick locations between 1994 and 1997. The man had pleaded not guilty but was found guilty after a one‑week trial in the Central Criminal Court in November 2022, and was sentenced to 12 years' imprisonment by Mr Justice Paul McDermott in February 2023. His appeal argued that a statement by the victim's mother, in which he allegedly said "I'm sorry for what I did to the kids", was inadmissible and that a change of dress after remand had prejudiced the jury.

2025-07-31 · Dublin

Conor McGregor loses appeal against jury finding that he raped Nikita Hand

The Court of Appeal has dismissed an appeal by Conor McGregor against a jury finding that he was civilly liable for the rape of Nikita Hand in 2018. The original High Court jury awarded Ms Hand €248,000 in damages and ordered McGregor to pay both parties' legal costs, totaling €1.3 million. Co-appellant James Lawrence, who was found not civilly liable for rape, received no costs order because the jury did not accept his evidence and McGregor paid his legal fees. Both men denied the allegations. The appeal court rejected all grounds raised by McGregor, including arguments regarding the admission of his "no comment" responses to gardaí and the wording of the issue paper. Justice Brian O'Moore stated it was "simply unreal" that jurors could have been confused by the term "assault" when the trial judge clarified it referred to rape. Claims of "new evidence" regarding bruising on Ms Hand, based on affidavits from Samantha O'Reilly and Steven Cummins, were withdrawn on the first day of the appeal. The court awarded costs to Ms Hand for both appeals and made no costs order for Lawrence. Ms Hand stated the process re-traumatised her and urged survivors to seek justice.

2025-07-31 · Cork

Man's suspended sentence for sending explicit messages to teen is overturned after appeal

James Varian, 32, was jailed for three years after the Court of Appeal overturned his original fully suspended sentence for sending 2,500 sexually explicit messages to a 15‑year‑old boy and for possessing 7,781 child pornography images, most of which were of prepubescent children under 12. The original judge had imposed four years fully suspended for facilitating the sexual exploitation of a child and two years fully suspended for possession of child pornography. The DPP appealed, arguing the sentence was too lenient, citing the volume of messages, the age gap, Varian's attempt to delete chats, and his risk of reoffending. James Varian pleaded guilty.

2025-07-30 · Dublin

Appeal court rejects drug dealer's claim that prison "too difficult" for him

The Court of Appeal rejected Paul Bourke's appeal against his ten‑year prison sentence for drug offences. Bourke, aged 57, pleaded guilty to eight counts including possession of €1.7 million worth of cocaine, €18,100 in cash, and three Glock 17 pistols. The offences occurred at his Kilkenny home, a Ballygall Parade address, and locations in Tallaght and Ashbourne. The sentencing judge had reduced the headline 15‑year sentence by one‑third to ten years, citing Bourke's personal circumstances. Bourke's defence argued that incarceration would be too difficult due to psychological issues, but the court found no formal diagnosis and noted the presence of firearms and large drug quantities. The appeal was dismissed, and the ten‑year sentence stands. The court emphasised the gravity of the offence and the extent of Bourke's involvement in the drug supply chain.

2025-07-30 · Meath

Former Ryanair pilot granted bail on €10m cannabis charge

The Court of Appeal has granted bail to Brendan O'Mara, a former Ryanair pilot, after overturning a High Court decision that had denied him release. O'Mara, 62, is charged with possessing cannabis for sale or supply at his home address in Meelick, Co Clare, on May 7 this year. Gardaí and Customs officers allegedly discovered pallets containing 502kg of cannabis, with an estimated street value exceeding €10 million. In the High Court, Ms Justice Eileen Creedon refused bail, citing concerns that O'Mara was a flight risk due to his commercial pilot status and access to airfields. Defence counsel Michael Bowman SC argued this evidential basis was lacking, noting O'Mara does not hold membership at any airfield. He offered an independent surety of €150,000 from O'Mara's sister and proposed that O'Mara surrender his pilot's licence and all documentation. Counsel for the State, Roisin Lacey SC, countered that O'Mara had significant industry contacts and had recently arranged to emigrate to the United States. Mr Justice John Edwards acknowledged the charge was very serious, carrying a maximum sentence of life imprisonment, and noted the theoretical possibility of O'Mara procuring an aircraft to avoid justice. However, the court concluded that while flight risk concerns existed, they were not sufficient to deny bail absolutely. As a condition of his release, O'Mara must surrender his pilot's licence.

2025-07-29 · Dublin

Notorious rapist Murray argues combined 35-year sentence is 'wrong'

Michael Murray, 54, was convicted in 2021 of making death threats against two barristers and of harassing his rape victim by advertising her online as a prostitute. He had previously been sentenced to 19 years for rape in 2013, a sentence later increased to 19 years by the Court of Appeal. In July 2021, Judge Karen O'Connor imposed a nine‑year sentence for the threat to Dominic McGinn and a seven‑year sentence for the threat to Tony McGillicuddy, to be served consecutively, giving an effective 16‑year term for these offences. The judge also imposed four years for harassment of McGinn and the female defence solicitor and five years for possession of a mobile phone in prison. Murray's barrister, Barry White SC, argued that the totality principle was not applied and that the combined 35‑year sentence was wrong, while the Director of Public Prosecutions' counsel maintained that the consecutive sentences were appropriate and proportionate. Michael Murray pleaded not guilty.

2025-07-29 · Cork

Suspended sentence appropriate for former drug dealer doing his 'level best'

In a Court of Appeal decision on 29 July 2025, Judge Brian O'Moore upheld a fully suspended sentence for Mohamed Adeagbo, a 24‑year‑old from Highfield, Ballincollig, who pleaded guilty to possessing €114,000 worth of cocaine for sale and to a money‑laundering offence involving €1,530 in cash. Adeagbo had been paid €500 per week for his role in drug supply. The Court found the three‑and‑a‑half‑year drug sentence, fully suspended, and a concurrent one‑year money‑laundering sentence, also fully suspended, to be appropriate. The Director of Public Prosecutions had appealed, arguing the sentence was unduly lenient, citing the quantity of drugs, cash, and an iPhone with offending messages. The Court rejected the appeal, noting Adeagbo's compliance with probation, his drug‑free status at sentencing, and his efforts to reform, and stated that the suspended sentence did not represent a substantial departure from an appropriate penalty.".

2025-07-28 · Sligo

B&B rapist fails to overturn conviction

A man convicted of raping a guest at his bed-and-breakfast in County Sligo has failed in an appeal against his conviction at the Court of Appeal. Thomas Wymbs, aged 68, was proprietor of Atlantic Haven B&B near Mount Temple when the offence occurred between 22 and 23 February 2020. He maintained the encounter was consensual. A jury found him guilty following trial at the Central Criminal Court in February 2024. Justice Mary Ellen Ring sentenced him to seven and a half years imprisonment, with the final eighteen months suspended, in July 2024. Wymbs' legal team argued the trial judge erred in refusing two defence requests regarding prosecution closing remarks and expert evidence on alcohol's effects. Mr Justice Patrick McCarthy, delivering the Court of Appeal's judgment, found no deficiency in the trial charge and rejected both grounds of appeal, stating the jury faithfully applied the law.

2025-07-28 · Kildare

Child sex offender argues trial was unfair

A 41‑year‑old man, Andrew Leigh, was convicted of historic sexual assaults on three girls and sentenced to four years in prison by Mr Justice David Keane on 18 December 2023. Leigh now appeals to the Court of Appeal, arguing that the trial should have separated the charges. His counsel, Michael Bowman SC, contended that two of the counts were only linked by occurring in a car, one involving touching a girl's genital area and the other involving self‑touch and inserting fingers into a girl's mouth. Bowman also challenged the prosecution's claim that Leigh knew his actions were "gravely wrong", noting no evidence of deliberate creation of an environment or isolation of the girls. Mr Justice John Edwards instructed the court to reserve judgment on the appeal. The case remains at the appeal stage. The unnamed 41-year-old pleaded not guilty.

2025-07-24 · Dublin

Rapists who claimed vulnerable teenager consented to group sex appeal convictions

An appeal has been launched by two men, Dion Genockey (26) and Daryl Rooney (27), who were convicted of the gang rape of a vulnerable teenager who had recently left State care. The appeal, heard at the Court of Appeal, argues that issues of consent were relevant during their trial. Counsel for Genockey argued that the trial judge should have advised the jury that the appellant may have had reasons for not mentioning to gardaí that he believed the victim had given her consent. Counsel for Rooney argued that the appellant was not aware that the woman had not given her consent. Genockey, of Clarion Quay Apartments, and Rooney, of Railway Street, Dublin City Centre, were convicted of raping the woman at Bull Island, Dollymount, Dublin, on January 5, 2016, following a second trial at the Central Criminal Court in March 2022. The jury in the first trial, held in 2020, was unable to reach a verdict. Genockey was sentenced to nine years by Mr Justice David Keane while Rooney was sentenced to ten years. A third accused, Troy Ryan of Lower Gardiner Street, Dublin City Centre, was also convicted and sentenced to nine and a half years. The appeal is ongoing, with the court reserving judgment.

2025-07-18 · Ireland

Rapist fails to convince appeal that victim should have been cross-examined on contraceptive bar

The Court of Appeal has dismissed the appeal of an unnamed 34-year-old man, who was convicted by a Central Criminal Court jury in February 2023 of raping a 15-year-old girl in a midlands town in January 2019. The appellant, who does not accept the verdict, argued that the trial judge erred in refusing to allow his legal team to cross-examine the victim regarding a contraceptive bar she was using at the time. Mr Justice Patrick McCarthy, delivering the judgment for the three-judge court, ruled that the trial judge did not fall into error in exercising his discretion. The court found that evidence of the victim's contraception was irrelevant to the issue of whether she had consented or engaged in sexual intercourse with the accused, noting it was material that should not be introduced under applicable legislation. The man was sentenced by Mr Justice Paul Burns to ten years' imprisonment, with the final year suspended for three years under probation supervision. The sentencing judge noted the man opportunistically took advantage of being alone with the girl, was aware of her approximate age, and used verbal abuse during the attack. The court also acknowledged the physical injuries the victim sustained. The man had denied sexual contact with the girl, claiming she had not reported the incident immediately, though she later disclosed the events to gardai after seeking hospital treatment for injuries.

2025-07-17 · Carlow

Sentences increased for trio in 'targeted and pre-meditated' arson attack

In a Court of Appeal hearing on 17 July 2025, three men were found to have received sentences that were too lenient for a "targeted and pre‑meditated" arson that took place on 17 May 2022. The incident involved a stolen Toyota Avensis being rammed into the ground floor of the Tip Top Tanning Studio on Tullow Street, Carlow, and set alight with an accelerant. The blaze spread to the building's upper residential apartments, where families were sleeping. Keith McCormack Smith (24), Jason Ryle (26) and PJ Lyons (21) had all pleaded guilty to arson and related offences. Their original sentences—four, three‑and‑a‑half and three‑and‑a‑half years respectively—were increased to seven, six and four‑and‑a‑half years. The Court of Appeal quashed the original sentences and imposed new headline sentences of ten, nine‑and‑a‑half and nine years, each with a suspended portion, to reflect the seriousness of the offence.

2025-07-17 · Dublin

Judge 'closed down defence case' in trial of murderer who gunned down victim in front of four-month-old son

The Court of Appeal heard arguments regarding the conviction of Wayne Cooney for the murder of Jordan Davis (22) in Darndale, Dublin, on May 22, 2019. Cooney, who pleaded not guilty to murder and possessing a 9mm semi-automatic pistol and ammunition, was convicted by a jury in July 2022. Defence counsel Michael O'Higgins SC argued that the trial judge, Mr Justice Tony Hunt, effectively closed down the defence case by delivering an argumentative charge that favoured the prosecution. The prosecution alleged Davis owed €70,000 to Robert Redmond, Cooney's then-girlfriend's brother. Robert Redmond pleaded guilty in April 2024 to conspiring with Cooney to murder Davis and received a seven-year prison sentence. Rachel Redmond, Cooney's ex-girlfriend, was convicted earlier this year of impeding Cooney's apprehension. During the appeal, O'Higgins contended the judge's comments were strident and denied the defence a fair airing. In response, DPP counsel Bernard Condon SC stated the judge correctly advised the jury to avoid evidential wastelands and that the conviction was supported by CCTV and DNA evidence linking Cooney to the scene. The court has adjourned the matter to deliver its judgement at a later date.

2025-07-14 · Ireland

Woman should never have been convicted of abusing her disabled children, Court of Appeal rules

In a 2025 Court of Appeal ruling, Mr Justice Brian O'Moore granted a 54‑year‑old woman an appeal against her conviction for sexually assaulting her three disabled sons and for child neglect. The judge said the only evidence against her were inculpatory statements she made to a psychologist and polygrapher retained by Tusla under extreme power imbalance. He noted that the Director of Public Prosecutions did not oppose the appeal and a retrial would not be sought. The woman had pleaded not guilty but was convicted by a jury in a retrial in July 2024 of four counts of sexual assault between 2005 and 2015 and one count of child neglect between 2008 and 2015. She was sentenced to eight years, with the final two years suspended. Mr Justice O'Moore ruled that the admissions should have been excluded, and that she should have been acquitted of all charges.

2025-07-14 · Galway

Money launderer with connections to 'Scourge of Sligo' has jail term halved on appeal

Brian Cummins, a 27-year-old from Tuam, Co Galway, had his prison sentence for money laundering halved on appeal. At the Court of Appeal, Mr Justice Michael MacGrath quashed the original sentence of seven years, with the final two years suspended, imposed by Judge Brian O'Callaghan at Galway Circuit Court on July 19, 2024. The appellate judge found the original headline sentence disproportionate, noting it erred in principle. Cummins, who pleaded guilty to money laundering contrary to the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, was resentenced to three years, with the final six months suspended. The court considered his high culpability, the €1,000 amount involved, his guilty plea, age, and drug dependency history. The case stemmed from an investigation into Barry Young, the 'Scourge of Sligo,' whose seized phone revealed Cummins as a contact known as 'Tuam.' Messages indicated a €1,000 transfer linked to criminal damage. Young, who pleaded guilty to directing a criminal organisation at the Special Criminal Court in July 2023, was jailed for 11 years. Cummins' appeal, argued by Philip Sheahan SC, successfully challenged the proportionality of the original sentence.

2025-07-14 · Cork

'Active' member of drugs trade should never have received suspended sentence, State argues

The Court of Appeal heard the State's appeal against the fully suspended sentence imposed on Mohamed Adeagbo, a 24‑year‑old from Highfield, Ballincollig, who was caught with 1.6 kg of cocaine worth €114,000, cannabis and €1,530 in cash. Adeagbo pleaded guilty to possessing cocaine for sale and to a money‑laundering charge. Judge Helen Boyle sentenced him to three years and six months on the drugs charge, fully suspended, and one year on the money‑laundering charge, also fully suspended. The DPP argued that no wholly exceptional circumstances justified a fully suspended sentence, citing Adeagbo's active role in drug supply, weekly earnings of €500, and possession of an iPhone with incriminating messages. The respondent's counsel highlighted his youth, lack of wealth, and cooperation with probation. The Court will decide on July 29.

2025-07-14 · Donegal

Rapist father loses appeal as court finds complaint evidence was admissible

A Donegal man has lost his appeal against conviction for raping and sexually assaulting his daughter during her childhood. The Court of Appeal dismissed the challenge on 14 July, with Mr Justice Michael MacGrath ruling that evidence of the victim's disclosure to her aunt was properly admissible at trial. The appellant, Michael Carter (57) of Kinnego, Ballymagan, Buncrana, was convicted in June 2023 of one count of rape and 25 sample counts of sexual assault occurring between 2010 and 2014, when his daughter was aged nine to twelve. He was sentenced to ten and a half years imprisonment. The defence had contested the admissibility of the aunt's evidence, arguing the complaint was elicited through questioning rather than offered voluntarily. The court found the disclosure was consistent with the victim's trial testimony and properly admitted, identifying no error warranting reversal of the conviction.