Court archive

Court of Appeal

2025-07-02 · Dublin

Court of Appeal to refer papers to DPP after 'new evidence' withdrawal in McGregor civil rape case

The Court of Appeal has decided to refer the matter to the Director of Public Prosecutions after Conor McGregor withdrew a motion to introduce alleged new evidence in his appeal against a civil jury's finding that he raped Nikita Hand. The withdrawal came after McGregor's lawyers cited difficulties with the admissibility of a report from a former Northern Ireland pathologist. Ms Hand's counsel argued that the motion was intended to undermine her client's reputation and that the new evidence was "all lies." The court will notify the parties of the documentation it intends to provide to the DPP. The decision comes while the court is also reserving judgment on McGregor's substantive appeal and a costs appeal involving James Lawrence, who was found not liable for assaulting Hand. The case remains at the appeal stage, with no verdict or sentencing yet announced.

2025-06-26 · Limerick

Appeal court refuses to hear case of man who abused daughters

The Court of Appeal has refused an application to extend time for an appeal against the sentence of a 53-year-old man convicted of sexual exploitation, sexual assault, and child cruelty. The appellant, who cannot be named to protect the identity of the injured parties, was found guilty by a jury in the north west on May 19, 2022. He was subsequently sentenced by Judge John Aylmer on November 2, 2022, to nine years and six months in prison, with the final 12 months suspended. The offences, which occurred between June 2011 and September 2015, involved the appellant's daughters, who were in their early to mid-teens at the time. Defence counsel Dara Foynes SC submitted an enlargement of time application, arguing the appellant believed his notice of appeal was on record, though his solicitor stated it was never received. Mr Justice John Edwards noted the appellant had made no engagement with the sentencing judge's remarks and raised no error of principle. Mr Justice Patrick McCarthy, delivering the ruling for the three-judge court, stated that victims have a legitimate expectation of closure and that courts must not permit cases to be elongated. He emphasized that reopening the case would cause revictimization to the injured parties. The court found no basis to justify ventilating the case afresh and refused the application to extend time, denying the defence an adjournment to file further affidavits.

2025-06-24 · Louth

Judge was 'disparaging' to teen murderer's defence, lawyers claim

Aaron Connolly, aged 25, has appealed his 2022 conviction for the murder of 18‑year‑old Cameron Reilly, who was found dead in a field near Dunleer. Connolly argues that Judge Tony Hunt's charge was "disparaging" and "denigrating" of the defence, claiming the judge engaged in "advocacy for the prosecution". He also contends that the judge's handling of Section 22 admissions—statements Connolly made through counsel during the trial—was improper, as the judge accepted them as conclusive evidence without challenge. Connolly's counsel, Michael Bowman SC, cited the Supreme Court's Rattigan decision to argue that the judge's remarks may have crossed a line, undermining the defence's closing. The Director of Public Prosecutions' counsel defended the judge's approach, stating it was a direct, accessible charge of the evidence. The Court of Appeal will decide the appeal at a later date. Aaron Connolly pleaded not guilty.

2025-06-23 · Tipperary

State will not oppose quashing of woman's conviction for sexually abusing her disabled children

The Court of Appeal has reserved judgment on an appeal by an unnamed 54-year-old woman, with the decision scheduled for July 14. The State has indicated it will not oppose the bid to quash her conviction and will not seek a retrial. The appellant was convicted in July 2024 of four counts of sexual assault against three disabled sons and one count of child neglect. She was sentenced to eight years in prison, with the final two years suspended, by Judge Catherine Staines at Clonmel Circuit Court on December 17, 2024. She remains on bail pending this appeal. Defence counsel argued that the sole evidence against her—admissions made to a psychologist during five days of interviews, including polygraph tests—was not voluntary and may have resulted from inducements. The trial judge had previously expressed serious concerns about the admissibility of these admissions but felt bound by a Supreme Court ruling that upheld their use. The DPP stated that while the Supreme Court's judgment was emphatic, the impact on admissibility in this specific setting is difficult to assess. The court, comprising Ms Justice Tara Burns, Mr Justice Brian O'Moore, and Mr Justice Michael MacGrath, heard the submissions and will deliver its ruling on the validity of the conviction on July 14.

2025-06-05 · Carlow

'Pure chaos': Brothers appeal sentence over Christmas Day crime spree

Two brothers, Colin Murphy (36) and Glen Murphy (33), are appealing their ten-year sentences for a Christmas Day crime spree that involved arson, criminal damage, and a serious assault. The appeal is currently before the Court of Appeal. Ms Justice Isobel Kennedy noted that the assault on a man in his 60s was at the very top end of the scale and arguably could have been a section 4 assault, which is an offence of causing serious harm. At their sentencing hearing in Kilkenny Circuit Court in March of last year, Judge Cormac Quinn described the offences as a substantial crime spree and jailed both brothers for 10 years each. Glen Murphy was convicted of criminal damage to an MPV, criminal damage to Eir poles, and assault causing harm, with sentences of two, two, and three years respectively. He also received a five-year sentence for the assault that left a man unconscious. All sentences were to run consecutively, with the final two years suspended. Colin Murphy was convicted of arson and assault causing harm, receiving seven and five-year sentences respectively. The matter was adjourned for further consideration.

2025-06-03 · Louth

Double murderer's conviction appeal must be reheard after judge forgets he heard original trial

Jason O'Driscoll, aged 42, appealed a life‑sentence for the 2012 murders of Anthony Burnett (31) and Joseph Redmond (25). His appeal was heard in the Court of Appeal for two hours on 3 June 2025. During the hearing, defence counsel revealed that Mr Justice Patrick McCarthy, who had presided over O'Driscoll's original 2017 trial, was also on the appeal panel. McCarthy admitted he had forgotten his role in the earlier case. The court decided to adjourn the appeal so the panel could be reconstituted without McCarthy. The appeal will be reheard on 13 November 2025. The original trial in 2017 ended with a hung jury; a retrial in 2018 resulted in a ten‑to‑two majority verdict and a life sentence imposed by Mr Justice Michael White. The appeal remains pending. Jason O'Driscoll pleaded not guilty and was convicted.

2025-05-29 · Dublin

'Deranged' killer who claimed partner stabbed herself to death fails in bid to overturn conviction

In a Court of Appeal hearing on 29 May 2025, the appeal of Martin Hayes, aged 36, was dismissed. Hayes had been found guilty of manslaughter in the death of Amadea McDermott, aged 27, in July 2017, after a Central Criminal Court jury returned a majority verdict. He had claimed that McDermott had stabbed herself, a claim that was rejected by the jury. Hayes had admitted using violence against McDermott and had been convicted of 12 years and six months' imprisonment. His appeal argued that evidence of his former partner, Niamh Higgins, being in fear of him and of his custody was prejudicial. The Court of Appeal, led by Justice Tara Burns, held that the evidence was irrelevant and did not undermine a fair trial. The appeal was rejected and the case was scheduled for further case‑management on 20 June. Martin Hayes pleaded not guilty and was acquitted.

2025-05-27 · Dublin

Footage of murderer 'dancing' after 'extraordinarily savage' attack should not have gone before jury, lawyers argue

In a Court of Appeal hearing, lawyers for Philip Disney (30) and Sean Carlyle (32) argued that footage of Disney dancing in a pub after the August 24, 2019 murder of Vincent Parsons should not have been shown to the jury. They claimed the clip was prejudicial, suggesting Disney was celebrating the killing, and that the prosecution had failed to prove an act directly committed by Disney. The appeal also challenged the admissibility of comments made by Disney and Carlyle during police searches of their homes, arguing that the searches were conducted without proper caution or procedural safeguards. Counsel for Carlyle further contested the use of inference interviews and the identification of Carlyle in CCTV footage, citing potential bias. The appeal was heard by a three‑judge panel, with the court reserving judgment on the arguments presented. The case remains at the appeal stage, with no verdict or sentencing yet announced.

2025-05-16 · Waterford

Woman who snatched new-born from hospital 20 years ago jailed as suspended sentence for 'frenzied' knife attack found too lenient

In May 2025 the Court of Appeal sentenced Susan McGovern, 44, to three years' imprisonment after quashing her fully suspended four‑and‑a‑half‑year sentence from Waterford Circuit Criminal Court. McGovern had been convicted of robbery under the Criminal Justice Theft and Fraud Offences Act 2001 and a Section 3 assault for luring a man to her apartment and attacking him with a knife. The appeal judge, Ms Justice Isobel Kennedy, found the earlier full suspension too lenient, citing McGovern's 19 prior convictions, including theft, knife possession and child abduction, and her history of drug addiction. The new sentence retained the four‑and‑a‑half‑year term with 18 months suspended, and the court noted that the knife caused facial injury to the victim, who required stitches. McGovern had previously been jailed for five years in 2001 for abducting a newborn from a Cork maternity hospital. Susan McGovern pleaded guilty.

2025-05-13 · Wicklow

Disgraced former solicitor Michael Lynn fails to have prison sentence reduced

Michael Lynn, a former solicitor aged 56, was sentenced to five‑and‑a‑half years in prison for stealing €18.1 million from six banks during the Celtic Tiger era. The Court of Appeal, led by Mr Justice John Edwards, upheld the sentence but reduced the credit for time served in Ireland by three months, leaving a final term of five years and nine months to run concurrently from 20 December 2023. Edwards noted Lynn's crimes were "cynical, knowingly and intentionally" and that his professional status was abused. He found no evidence of sincere remorse or a guilty plea, and criticised Lynn for relocating to Brazil to avoid extradition. The appeal rejected arguments that mitigating factors, including PTSD and asset recovery, had been insufficiently considered. The sentence remains unchanged if the full three‑month credit is applied.

2025-05-12 · Mayo

'Intolerable' for garda's family to have impasse in Stephen Silver appeal 'drag on', judge says

The Court of Appeal has adjourned proceedings in the appeal against the conviction of Stephen Silver, who is serving a life sentence with a 40-year minimum term for the capital murder of Detective Garda Colm Horkan. Silver, a 48-year-old motorbike mechanic from Foxford, Co Mayo, pleaded not guilty to the murder of Det Gda Horkan, alleging he was reckless as to whether the victim was a garda acting in the course of his duty. He had previously pleaded guilty to manslaughter at Castlerea, Co Roscommon, on June 17, 2020. The jury found him guilty of murder, rejecting defences of self-defence and diminished responsibility. During the current appeal hearing, counsel for Silver stated that the legal team is unable to advance the appeal due to an impasse in obtaining crucial psychiatric disclosure from the Director of Public Prosecution (DPP). Counsel described the situation as a "brick wall" and argued that the psychiatric evidence is a critical issue, particularly regarding Silver's bipolar affective disorder. Mr Justice John Edwards noted that the coroner for County Roscommon cannot complete the inquest into Garda Horkan's death until the appeal is determined. The judge described the delay as "intolerable" for the victim's family and stated that the matter "cannot drag on." Proceedings were adjourned to a case management list on June 20, with the judge indicating that a motion could be brought if the logjam persists.

2025-05-08 · Galway

Man fails to overturn conviction for raping partner beside sleeping baby

In a Court of Appeal hearing on 8 May 2025, a 42‑year‑old man's appeal against his rape conviction was dismissed. The man had been found guilty in August 2023 of raping his then‑partner in Co. Galway on 17 November 2019, when the victim's baby was sleeping beside her. The conviction followed a jury verdict that the man had entered the bed, raped the woman, and left when the baby woke. The appeal argued that the victim was unreliable because of mental health issues and that the prosecution's use of three recorded phone conversations was unfair. Justice Isobel Kennedy rejected all four grounds, stating the recordings were highly probative and that the victim's mental health did not render her unreliable. She also dismissed the claim that the jury's separate verdicts on two counts were contradictory. The appeal was therefore dismissed, leaving the six‑year sentence in place.

2025-05-08 · Donegal

Man who raped his daughter appeals conviction

Michael Carter, a 56-year-old man from Buncrana, Co Donegal, has appealed his conviction for rape and sexual assault against his daughter, Karen Harkin. Carter was found guilty in June 2023 at the Central Criminal Court of one count of rape and 25 sample counts of sexual assault committed between 2010 and 2014, when the victim was aged nine to 12. Ms Justice Karen O'Connor sentenced him to ten and a half years in prison. At the Court of Appeal, defence counsel Michael Bowman SC argued that a statement by the victim's aunt should not have been admitted as evidence. He contended the disclosure was elicited by question and answer rather than being a voluntary complaint, specifically regarding the aunt asking if Carter was the perpetrator. The Director of Public Prosecutions, represented by James Dwyer SC, countered that the complaint emerged voluntarily from a distressed child and that Carter was the only logical candidate. The court heard that Carter had been found guilty of touching the victim inappropriately, including in the bath, and raping her on one occasion. Ms Justice Isobel Kennedy reserved judgement on the appeal, meaning the matter was adjourned and not concluded.

2025-05-06 · Waterford

Builder in 'elaborate' grow-house operation loses sentence appeal

William O'Gorman, 36, of Pine Lodge, Mooncoin, Kilkenny, was convicted on 17 April 2024 by a jury at the Waterford Circuit Court for unlawful cultivation of cannabis and possession of cannabis over €13,000 for sale or supply at a premises in Tramore, Waterford, on 18 January 2019. Judge Eugene O'Kelly sentenced him to ten years' imprisonment. O'Gorman appealed the severity of the sentence, arguing that the judge had erred in applying the mandatory minimum and had over‑valued his lack of cooperation and the absence of a guilty plea, while under‑valuing his family circumstances and efforts to address drug addiction. The Court of Appeal, hearing the case on 6 May 2025, found that the defence's arguments did not meet the threshold for departing from the mandatory minimum. Mr Justice Patrick McCarthy dismissed the appeal, holding that no special circumstances of an exceptional nature were present to justify a lesser term. The ten‑year sentence remains in force. William O'Gorman pleaded not guilty.

2025-05-06 · Donegal

Banned, serial offending ex-GAA star won't face more prison time for driving over cyclist despite DPP appeal

A former Donegal GAA player will not serve additional prison time following an unsuccessful appeal by the Director of Public Prosecutions at the Court of Appeal. Kevin McMenamin, aged 43, from Letterkenny, was convicted of dangerous driving causing serious bodily harm after striking a cyclist with a heavy goods vehicle in Dublin in July 2021. He was sentenced to 21 months imprisonment in January 2024 and disqualified from driving for five years. McMenamin had been released from custody in October 2024 after nine months, having been transferred to an open prison following enhanced remission application. The DPP argued the sentence was unduly lenient given McMenamin's 33 previous convictions, including multiple drink-driving and driving-without-insurance offences, and that he was already disqualified when the incident occurred. Justice Tara Burns dismissed the appeal, finding the sentence, while lenient, was not unduly so, having regard to mitigating factors including McMenamin's guilty plea, remorse, and work history.

2025-05-02 · Cavan

Garda and wife must leave Cavan home after failed appeal

The Court of Appeal has dismissed an appeal by a serving member of An Garda Síochána and his partner against a High Court order requiring them to vacate a property in Co Cavan. The couple had occupied the house at Lock Eala, Loch Gowna since 2012 under an arrangement with the previous landlord. However, businesswoman Sylvia Fox purchased the property at auction in March 2024 following the developer's insolvency. Ms Fox obtained a High Court injunction in February 2025 after claiming she had been intimidated when seeking vacant possession. The defendants argued their lease agreement with the former owner should remain valid, contesting Ms Fox's registered ownership at that time. Mr Justice Donald Binchy dismissed the appeal, finding Ms Fox now held clear title to the property as the registered owner. A four-week stay on the order was granted. The defendants' legal representatives indicated an intention to seek leave to appeal to the Supreme Court.

2025-05-02 · Cork

Resentencing date for men convicted of murder while children

The Court of Appeal has scheduled a hearing on 18 November to resentence two men who were teenagers when convicted of murder. Both were sentenced to life with a 13‑year review. The first, a 14‑year‑old who killed Mongolian national Urantsetseg Tserendorj in January 2021, was convicted of murder and is now an adult. The second, a 17‑year‑old who killed Cork student Cameron Blair in January 2020, was also convicted of murder and is now an adult. The resentencing follows a Supreme Court ruling on 13 March that trial courts lack jurisdiction to review sentences for child offenders. The Supreme Court held that life sentences for children should only be imposed in exceptional cases and that a court may impose a part‑suspended sentence. The Court of Appeal will consider the Supreme Court's principles and determine new sentences for each offender. The hearing will also address anonymity issues for the second offender. The unnamed teenager pleaded guilty.

2025-05-02 · Dublin

Conor McGregor claims to have new witness evidence of assault on Nikita Hand hours after she says she was raped

In the Court of Appeal on 2 May 2025, Conor McGregor's lawyers presented new evidence from a woman who claimed to have witnessed Nikita Hand being assaulted by her former partner at Hand's home. The woman swore an affidavit that she saw Hand being pushed and, judging from the man's body movements, believed he had kicked her after pushing her to the ground. She had come forward after reading about the civil trial in the media and had also sent McGregor an Instagram message, though the timing was not specified. Hand, who had been awarded €248,000 in damages after a civil jury found McGregor had raped and battered her, disputed the woman's claims in her own affidavit. The Court of Appeal will cross‑examine the two proposed witnesses before allowing their evidence into McGregor's appeal, with a hearing scheduled for 1 July. The case remains focused on the credibility of the new witnesses and the alleged new evidence.

2025-04-29 · Donegal

Banned, serial offending ex-GAA star spent just nine months in prison for driving over cyclist

A 42-year-old Donegal man with 33 previous convictions, including multiple road traffic offences, appeared before the Court of Appeal on 29 April regarding his sentence for dangerous driving causing serious bodily harm. Kevin McMenamin, from Letterkenny, pleaded guilty at Dublin Circuit Criminal Court to the offence and was sentenced in January 2024 to 21 months imprisonment and a five-year driving ban. The incident occurred in July 2021 when McMenamin, who was disqualified from driving at the time, broke a red light at Ballsbridge in Dublin and collided with a cyclist in her late sixties. The woman sustained severe injuries including a broken pelvis and leg trauma, requiring nearly five months of hospitalisation. McMenamin was released from open prison in October 2024 after serving nine months. The Director of Public Prosecutions appealed for an increased sentence, arguing the original term was inappropriately lenient and characterising McMenamin as someone who drives with disregard for road users' safety. The court reserved judgement, with delivery scheduled for 6 May.

2025-04-28 · Carlow

DPP seeks increased sentences for trio in "targeted" arson case

The DPP has appealed against the sentences imposed on Keith McCormack Smith, Jason Ryle, and PJ Lyons following their guilty pleas for arson and other offences in May 2022. The prosecution argues the sentences were unduly lenient for a targeted, pre-meditated attack where a stolen Toyota was rammed into Tip Top Tanning Studio in Carlow, causing over €250,000 in damage while residents slept above. McCormack Smith, who had 24 previous convictions, was sentenced to six years with the final two suspended. Ryle and Lyons, who had 29 and 17 previous convictions respectively, each received five and a half years with the final two suspended. The DPP contends the headline sentence of eight years was too low, citing aggravating factors including the use of accelerant and the defendants being on bail. Defence counsel argued the sentences were appropriate, noting the men were acting on instructions to clear a drug debt and had made full admissions. The Court of Appeal, presided over by Mr Justice Patrick McCarthy, viewed video footage of the incident and reserved its judgment to be delivered at a later date.

2025-04-28 · Laois

Rapist who threatened to kill child's pet dog if she told anyone about abuse fails to overturn conviction

A 42‑year‑old man, James Quigley, was convicted in July 2023 of 12 counts of sexual offences against a girl aged 7 to 11, including rape, anal rape and oral rape, and was sentenced to 13 years with six months suspended. He appealed, claiming the trial judge erred on two counts of vaginal rape. The Court of Appeal rejected his appeal but substituted one conviction of vaginal rape with a verdict of attempted rape. The court found ample evidence for the first count and insufficient evidence for the second, quashing that conviction and allowing the substitution. Quigley denies wrongdoing. The court noted the abuse began when the victim was seven, involved repeated exposure, touching, threats to kill her dog, recorded rapes, choking attempts, and a final incident where he slapped her and threatened her. The victim reported the abuse to Gardaí in 2020 after learning of it from her mother. The unnamed 42-year-old was acquitted.

2025-04-11 · Louth

Lisa Smith's move to ISIS territory not proof of terrorist charge, lawyers argue

In a Court of Appeal hearing on 11 April 2025, Lisa Smith's lawyers argued that living in an area where ISIS operated could not prove membership in an unlawful organisation. Defence Senior Counsel Michael O'Higgins contended that the Special Criminal Court's conviction of Smith in 2022, based on her travel to Syria in 2015 and a Facebook messenger statement, lacked evidence of active membership such as organising, recruiting or receiving benefits. He highlighted that Smith had claimed she never joined ISIS, stating she was there to live under Sharia law in compliance with her Muslim beliefs. Tony McGillicuddy SC for the DPP countered that the court had considered her travel and social media activity as evidence of intent to participate. The appeal hearing was adjourned to 28 April for a final decision. The unnamed 42-year-old pleaded not guilty.

2025-04-11 · Dublin

Pair who murdered man 'over a few tablets' fail to convince appeal court they were 'accessories after the fact'

Two Dublin men, Stephen Tynan (46) and Raymond Fitzgerald (41), were convicted of murdering Andrew Guerrine, who was found with 20 stab wounds on a roadside. They pleaded not guilty and were sentenced to life imprisonment by Mr Justice Michael White in December 2018. In a Court of Appeal hearing on 11 April 2025, Ms Justice Isobel Kennedy rejected all grounds of appeal. The appeal argued that the men were accessories after the fact and that evidence such as CCTV footage, ANPR data and a voluntary caution statement were inadmissible or unreliable. The judge found the evidence admissible and the defendants' statements lawful, and concluded that the trial judge had properly instructed the jury on the possible verdicts. Consequently, the appeal was dismissed and the convictions remain in force.

2025-04-10 · Louth

'Membership is not a state of mind': Lisa Smith claims her only role was as 'housewife' in bid to overturn IS membership conviction

Lisa Smith, aged 43, appeals her conviction for membership of the Islamic State, arguing that her only role was that of a housewife—cooking, cleaning, and caring for her husband—an act the State used to prove membership. She travelled to Syria in 2015 under a "religious obligation" and has denied any active participation in the organisation. Her legal team, led by Michael O'Higgins SC, contended that membership requires a formal application and acceptance, not merely a shared belief or support. The Court of Appeal, hearing the case on 10 April 2025, noted that Smith had not performed any overt acts of wrongdoing beyond domestic duties. The appeal, which continues tomorrow, seeks to overturn the 15‑month sentence imposed by the Special Criminal Court in 2022, where the judges found her to have joined the group during her stay in Syria. The court had previously rejected her earlier appeal against the sentence in March 2023. Lisa Smith pleaded not guilty.

2025-04-10 · Roscommon

Strokestown eviction vigilante fails in appeal against 15-year sentence

PJ Sweeney has lost his appeal against a 15-year prison sentence for his role in a violent attack on security workers at a repossessed farmhouse in Strokestown, Co Roscommon. In the Court of Appeal, Ms Justice Isobel Kennedy, speaking for the three-judge court, dismissed the appeal, finding no error in principle in the original sentence imposed by Judge Martina Baxter. Sweeney, of High Cairn, Ramelton, Co Donegal, was convicted in June 2023 of 15 charges, including aggravated burglary, violent disorder, criminal damage, false imprisonment, assault, arson, and causing unnecessary suffering to an animal. Defence counsel Michael Bowman SC argued the sentence was excessive and disproportionate, citing Sweeney's good character and lack of prior convictions, and requested a suspended element. However, the Appeal Court rejected these arguments, noting there was no evidence of insight, remorse, or apology from Sweeney. The court emphasized the brutal nature of the attack, which aimed to inflict fear and terror, and upheld the maximum penalty for several offences. Sweeney's co-accused, Martin O'Toole and Paul Beirne, had previously dismissed their legal teams ahead of their own appeals. The Appeal Court confirmed that the trial judge was entitled to impose a custodial sentence without suspension given the circumstances.

2025-04-10 · Louth

Retrial for man accused of conspiring to steal cars with garda killer Aaron Brady

The Court of Appeal has ordered a retrial for James Flynn, 34, who successfully appealed his conviction for conspiring to steal the getaway car used in a 2013 credit union robbery in which Aaron Brady shot and killed Det Gda Adrian Donohoe. Ms Justice Tara Burns rejected Flynn's argument that a retrial would be unfair given his custody since July 2021, noting he had not fully served his original eight-year sentence. The court quashed his conviction because the Special Criminal Court unlawfully amended the indictment after his trial concluded, breaching his right to natural justice. Although Flynn was acquitted of the robbery charge, the DPP sought a retrial on the original conspiracy count. The court dismissed arguments regarding witness memory and prosecution delay, citing the public interest in a valid final verdict. Flynn, who was in custody pending extradition from the UK, was remanded by Mr Justice Kerida Naidoo for a bail hearing scheduled for April 28th. The matter is adjourned for this bail application, and the retrial has been ordered on the original charges.

2025-04-07 · Mayo

Victim of 'predatory' rape says 22-month wait on sentence appeal put 'question mark' over justice

The Court of Appeal has dismissed the appeal by Shane Noonan against his sentence for the rape of Ciara Mangan. The offence occurred at an address in Castlebar, Co Mayo, on May 11, 2013. Noonan, who was 18 at the time, pleaded guilty to the charge. At his sentencing in July 2023, Ms Justice Eileen Creedon imposed a headline sentence of eight years in prison, with the final 12 months suspended, resulting in an effective custody period of seven years. In his appeal, counsel for Noonan argued that the sentence was too high given his lack of prior convictions and the late entry of his guilty plea. However, the Director of Public Prosecutions contended that the plea was entered on the day of the trial and that the suspension period appropriately reflected mitigating factors. Mr Justice Michael McGrath, delivering the judgment, stated that Noonan's culpability was high and the harm to the victim was great. Consequently, the court ruled that the sentence was appropriate in the circumstances and dismissed the appeal. Ms Mangan, who waived her anonymity, stated that the 22-month wait for the appeal decision had delayed her healing, but she expressed relief that the process had finally concluded.

2025-04-07 · Dublin

Disgraced CHC boss fails in appeal as court finds he must 'pay his debt to society'

In a Court of Appeal hearing on 7 April 2025, Judge John Edwards upheld the six‑year‑ten‑month jail sentence imposed on Harry Cassidy, former Custom House Capital boss, for a €61 million conspiracy to defraud investors. The court rejected Cassidy's claim that his motive was to borrow "from Peter to pay Paul" and found no credibility in his argument that the offence was not solely for personal gain. The offences, committed between 1 October 2008 and 15 July 2011, involved misleading investors and clients about the placement of their assets, contrary to common law. The court described the conduct as "truly egregious" and an abuse of trust, especially towards elderly clients. Harry Cassidy pleaded guilty.

2025-04-03 · Cork

Hotel opposes Traveller discrimination case being heard at the High Court

The Court of Appeal will decide whether the High Court or the Circuit Court should re‑hear a Traveller family's discrimination case. The family, Bridget O'Reilly and Philip O'Neill, received €22,000 from the Workplace Relations Commission in 2022 after the Charleville Park Hotel, owned by Atlantic Troy Ltd, refused them accommodation in 2020 because they could not provide a credit card matching their ID. The WRC found the hotel's refusal discriminated against them as Travellers and as recipients of a Housing Assistance Payment. The Circuit Court overturned the award in July 2022, but the High Court quashed that ruling in September 2023, citing unfairness and inappropriate language used by the Circuit Court judge. The hotel now appeals the High Court's decision, arguing an adequate alternative remedy existed at the Circuit Court level. Ms O'Reilly's counsel seeks to keep the case in the High Court, while the hotel's counsel argues the Circuit Court route was available and was abandoned.

2025-04-03 · Tipperary

'Lenient' sentence upheld for dangerous driver who caused 'devastating' harm to five-year-old

In the case of the Director of Public Prosecutions versus Emmett Rigney, a 22‑year‑old from Shinrone, Co Offaly, the Court of Appeal upheld a two‑year suspended sentence. Rigney was convicted of dangerous driving causing serious bodily injury after a head‑on collision with a vehicle in Ballingarry, Co Tipperary, on 14 August 2021. The crash left a five‑year‑old daughter with a severe traumatic brain injury and caused significant financial and emotional hardship for her family, including a pregnant mother who testified that the incident had a destructive impact. The original headline sentence of three and a half years was reduced to two years, suspended for two years on the condition of €10,000 compensation, and Rigney was disqualified from driving for six years.

2025-04-02 · Dublin

Ex-Terenure College rugby coach and serial abuser admits further offences but won't face any more jail time again

John McClean, former Terenure College rugby coach, admitted abusing four additional teenagers but will not receive extra jail time because his sentences run concurrently with a 10½‑year global term for 45 earlier victims. The court, following a Court of Appeal direction, capped his total term at ten and a half years for his overall misconduct. McClean, 80, pleaded guilty to seven counts of indecent assault between 1973 and 1990. He had previously received an 11‑year sentence with the last three years suspended in 2021 for sexual abuse of 22 boys, and a 4‑year sentence reduced to two and a half years in 2023. The judge noted McClean's position of trust and that the new two‑year sentence will run concurrently with the earlier suspended portion, so he will not serve additional custody. Victim impact statements highlighted shame, anger, and the lasting effects of the abuse.

2025-03-21 · Dublin

Privacy rights of 'New IRA' leader breached during surveillance, murder appeal told

Kevin Braney, aged 49, is appealing his conviction for the murder of Peter Butterly at the Special Criminal Court. The appeal, heard before a three-judge panel, centres on two main issues: the lawfulness of surveillance authorisation and the admissibility of evidence from an accomplice-turned-State's witness. Braney's counsel argues that gardai breached his privacy rights by deploying a listening device at a KFC restaurant in Charlestown Shopping Centre, Finglas without proper district court authorisation. The defence contends a superintendent in County Meath could have sought judicial approval at nearby Balbriggan District Court rather than relying on emergency powers under the Criminal Law (Surveillance) Act 2009. The Director of Public Prosecutions argues the superintendent acted appropriately given time constraints when the criminal meeting emerged. The prosecution also disputes whether private conversation expectations apply in a public restaurant setting. Additionally, Braney's legal team challenges the trial court's reliance on evidence from David Cullen, who pleaded guilty to firearms offences and entered witness protection. The defence characterises Cullen as unreliable and willing to lie in his interests.

2025-03-21 · Dublin

Conor McGregor wants to introduce fresh evidence for appeal against civil rape trial verdict

Conor McGregor and James Lawrence are appealing the civil jury verdict that found McGregor raped Nikita Hand in 2018. At a Court of Appeal hearing before Mr Justice Seamus Noonan, McGregor's counsel sought permission to introduce fresh evidence from two individuals. The judge directed that a formal motion and affidavits must be filed to address the admissibility of this new evidence, with a case management hearing scheduled for May 2 to fix the date for that application. The judge ruled the appeal cannot proceed until the court decides on the new evidence. McGregor's team alleges the trial judge made legal and factual errors, specifically regarding the jury question on whether he "assaulted" rather than "sexually assaulted" Ms Hand. Lawrence, who was found not to have assaulted Ms Hand, is appealing his costs, despite McGregor paying his legal fees. In January, Mr Justice Owens ordered McGregor to pay €1.3 million in costs, with a stay granted conditional on immediate payments of €100,000 towards the damages award and €200,000 towards costs, which the Court of Appeal heard has been completed. The matter remains at the procedural stage of determining the admissibility of fresh evidence before the substantive appeal can be heard.

2025-03-20 · Dublin

'New IRA' leader should never have been convicted of dissident murder, lawyers argue

The Court of Appeal is hearing an appeal by Kevin Braney, who was convicted by the Special Criminal Court of the 2013 murder of Peter Butterly. Counsel for Braney argued that the conviction should be overturned because the trial relied on the evidence of David Cullen, a State's witness described as a perjurer and accomplice. Cullen had previously pleaded guilty to unlawful possession of a semi-automatic pistol, receiving a seven-year sentence with half suspended, in exchange for dropping a murder charge. The defence contended that Cullen's credibility was undermined by his admitted dishonesty and personal animus toward Braney. The Director of Public Prosecutions countered that the circumstantial evidence, including observed movements of gang members, was compelling and supported Cullen's testimony that Braney instructed the killing. Braney, who was previously sentenced in 2018 to four years and six months for IRA membership, was found guilty of premeditated murder in February 2019. Co-defendants Edward McGrath, Sharif Kelly, and Dean Evans also received life sentences for the murder, with Evans identified as the shooter. The three-judge Court of Appeal will hear further submissions from both parties before making a decision.

2025-03-18 · Louth

DPP wants retrial after conviction for conspiring to steal Det Gda Adrian Donohoe getaway car is overturned

The Director of Public Prosecutions has sought a retrial for James Flynn, a 34-year-old appellant, following the Court of Appeal's decision to quash his conviction for conspiring to steal the getaway car used in the 2013 Lordship Credit Union robbery, where Detective Garda Adrian Donohoe was killed. The appeal court found that the Special Criminal Court breached Flynn's right to natural justice by amending the indictment to secure a guilty verdict on the conspiracy charge without consulting legal teams. While the DPP argues this results in no verdict and requires a return to the Special Criminal Court, Flynn's counsel, Bernard Condon SC, contended that a retrial would be unfair given he has served 44 months in custody since his 2021 extradition from the UK. Condon also argued the court lacks jurisdiction to order a retrial on the original conspiracy charge, as Flynn was acquitted of that specific count. The three-judge panel, comprising Mr Justice Patrick McCarthy, Mr Justice John Edwards, and Ms Justice Tara Burns, reserved their judgment on the proposed disposal. Flynn was originally sentenced to eight years' imprisonment in December 2023 for the conspiracy to steal the Volkswagen Passat, a sentence that remains subject to the current appeal proceedings.

2025-03-11 · Cavan

State urges court to uphold gang's conviction for kidnap and torture of Kevin Lunney

The Court of Appeal heard submissions on whether to uphold convictions against three men jailed for the kidnap and torture of Quinn Industrial Holdings director Kevin Lunney. Sean Guerin SC, for the Director of Public Prosecutions, argued that the case rested on sound circumstantial evidence assessed in its totality, and urged the court to maintain the verdicts. Defence counsel disputed this approach, contending that errors in the trial judgment would not self-correct through broader analysis. Alan Harte, Alan O'Brien, and Darren Redmond were convicted in December 2022 of false imprisonment and intentionally causing serious harm to Mr Lunney at Drumbrade, Ballinagh, County Cavan on 17 September 2019. Harte received a 30-year sentence, O'Brien 25 years, and Redmond 18 years with the final three suspended. The appellants have challenged the admissibility of DNA evidence from a van destroyed in garda custody and phone records used at trial, among other matters. Mr Justice Patrick McCarthy, sitting with two fellow judges, reserved judgment to be delivered at a later date.

2025-03-10 · Louth

Conviction for conspiring to steal Det Gda Adrian Donohoe getaway car is overturned

The Court of Appeal quashed the conviction of a 34‑year‑old man who had been jailed for eight years for conspiring to steal the getaway car used in the credit union robbery that killed Detective Garda Adrian Donohoe. The appeal court held that the Special Criminal Court had breached the defendant's right to natural justice by amending the indictment after the three‑month trial had finished and without consulting the prosecution or defence. The amendment added a charge of conspiring to steal a Volkswagen Passat from a property in Clogherhead, a charge that had not been presented to the defendant during the trial. The Court of Appeal did not consider other arguments raised by the defence and will hear whether the defendant should face a retrial on 18 March. The court also dismissed mobile‑phone evidence used to link the defendant to a series of burglaries, finding it insufficient to prove conspiracy beyond a reasonable doubt.

2025-02-21 · Kildare

Army Captain's sex assault an 'aberration' in otherwise 'glittering career', lawyers argue

In a Court of Appeal hearing, the lawyers for former Army Captain Ross O'Shea argued that his sexual assault of a female non‑commissioned officer was an aberration in a glittering 17‑year career and that his dismissal from the Defence Forces was a disproportionate punishment. O'Shea was convicted in October 2022 by a General Court Martial of sexually assaulting the officer at the Officer's Mess on 25 June 2020, moving his palms up and down her back and saying "come on, come on," and of assaulting her under Section 2 of the Non‑Fatal Offences Against the Person Act 1997. The court imposed a six‑month custodial sentence suspended for one year and ordered his dismissal. O'Shea's appeal was dismissed in October 2023. The prosecution highlighted the disparity in rank, the victim's inability to defend herself due to military training, and the appellant's use of his rank to intimidate other officers. Ross O'Shea pleaded guilty.

2025-02-21 · Cork

Murderer of Conor Quinn fails in bid to overturn conviction

Tyler "Tiggy" Jackson, a 27‑year‑old from Ballydaheen West, Mallow, was convicted of murdering 24‑year‑old Conor Quinn on 12 July 2018 and sentenced to a mandatory life term by Ms Justice Eileen Creedon in October 2023. Jackson fled to the UK after the stabbing, was located in Cambridge, and returned to Ireland on a European arrest warrant in February 2022. He appealed in October 2023, arguing that the trial judge erred by admitting a statement from 16‑year‑old witness Christina Kearney, taken three days after Quinn's death, and that a jury should have been discharged after a civilian witness suggested Jackson had assaulted him. The Court of Appeal dismissed all grounds, holding that the judge had correctly assessed the admissibility of the statement and that no error justified interfering with the jury's findings. Jackson's appeal was rejected, leaving his conviction and life sentence intact.

2025-02-20 · Dublin

Violent criminal claims he had 'benign' motive for attempted witness interference in garda killer's trial

In the Court of Appeal, Dean Byrne, aged 31, claimed he had a "benign" motive for attempting to persuade witness Daniel Cahill not to give evidence in the trial of garda murderer Aaron Brady. Lawyers for Byrne argued that Byrne honestly believed Cahill would give false evidence and that his actions were not intended to pervert the course of justice. The Director of Public Prosecutions, Lorcan Staines SC, countered that Byrne's conduct was an attempt to pervert the course of justice, citing a recorded exchange in which Byrne insulted Cahill. The Court was asked to decide whether any attempt to persuade a witness not to give evidence constitutes an attempt to pervert the course of justice. Byrne's appeal concerns the conviction and two‑year sentence imposed by the Special Criminal Court for conspiring with Brady to dissuade Cahill, a conviction that followed his earlier 18‑year sentence with four years suspended for a 2013 burglary.

2025-02-11 · Dublin

Woman who took part in violent knife robberies of vulnerable people fails in sentence appeal

Christine Ward, 37, and her former partner Derek Bewley, 49, were convicted of violent robbery and burglary in Artane on 2 November 2018. Ward was sentenced to eight and a half years in prison, with 18 months suspended, after a judge described the offences as "most serious". Bewley received the same custodial term. Ward appealed, arguing that her previous convictions were not violent and that a psychological report on her mental health and drug use should have been considered. Counsel also claimed Ward was a better rehabilitation candidate than Bewley. The Court of Appeal rejected the appeal, stating that the original judge had treated the offenders similarly and that no error in principle had been proven. Ward's appeal was dismissed, leaving her eight‑and‑a‑half‑year sentence intact. Derek Bewley pleaded guilty.

2025-02-06 · Offaly

Teacher who mounted two-year campaign of 'vitriolic' harassment fails in appeal

Eimear Carroll, a 42‑year‑old primary school teacher from Offaly, was found guilty of one count of harassment and two counts of sending obscene or menacing letters. She had written about 500 letters over two years, using racist slurs and false allegations that a care worker abused patients. The Court of Appeal dismissed her appeal against a six‑year sentence, confirming the trial judge's decision to impose a headline term of six years with two years suspended. The appeal was rejected because the Court found no error in the sentencing judge's assessment of aggravating factors, including the persistent, targeted nature of the harassment and the use of personal details. The Court also upheld the judge's recognition of mitigating factors such as Carroll's low risk of reoffending and her apology. The decision confirms the severity of the sentence as appropriate for the case.

2025-02-06 · Dublin

Armed raider who fired shot and terrified customers has sentence increased

In February 2025 the Court of Appeal increased the sentence of Paul Clarke, 42, who had previously been convicted 115 times. Clarke, who had been released on bail for a robbery, later robbed a Lidl on Malahide Road on 13 November 2019, firing a handgun into the ceiling and threatening the manager. The original six‑year term, set by Judge Orla Crowe in October 2023, was deemed too lenient. The appeal judge, Mr Justice Brian O'Moore, imposed a new headline term of nine and a half years, reduced to seven years and one month after mitigation. Five months of the effective sentence were suspended for four years to encourage Clarke to avoid drug use. The new term will run from the date of the original hearing. The decision was based on CCTV evidence of the shooting, the threat to staff, and Clarke's extensive criminal history.

2025-02-05 · Dublin

Ukrainian refugee has €500k money laundering sentence more than tripled

Liudmyla Budash, 46, a Ukrainian refugee, was found with €500,000 in cash and pleaded guilty to money laundering at Dublin Circuit Criminal Court in July 2024. Judge Elva Duffy originally sentenced her to 15 months, reduced to two years, with nine months suspended. The Court of Appeal quashed the original term and, on 5 February 2025, Mr Justice Patrick MacGrath resentenced her to four and a half years in prison. He noted her active, premeditated role in moving large sums, her lack of prior convictions, and her status as a mother of three. The headline sentence was set at seven years before a two‑and‑a‑half‑year reduction, resulting in the final term. The case involved a Garda National Drugs and Organised Crime Bureau operation that seized the cash in Temple Bar on 12 April 2024. The appeal argued the initial sentence was too lenient, citing the seriousness of the offence and the amount involved.

2025-02-04 · Roscommon

'You are denying me my human rights': Strokestown vigilante walks out of appeal

Three men who were convicted of a vigilante attack on security personnel at a repossessed farmhouse in Roscommon appeared before the Court of Appeal on 4 February to challenge the severity of their sentences. Martin O'Toole, aged 60, from Claremorris, County Mayo, discharged his legal representation and walked out of court after being refused permission to read a statement into the record, effectively withdrawing his appeal. Paul Beirne, aged 58, from Boyle, County Roscommon, subsequently indicated he would not continue with his appeal. PJ Sweeney, aged 59, from Ramelton, County Donegal, proceeded with his appeal, with counsel arguing the 15-year sentence was excessive and disproportionate, citing mitigating factors and good character. The Director of Public Prosecutions contended the sentence was appropriate given the serious and violent nature of the December 2018 attack at Strokestown. The court reserved judgement.

2025-01-30 · Dublin

Criminal who received leaked data from Garda pulse system appeals sentence

Ryan Fitzpatrick, 27, of Malahide, has appealed his sentence of three years and nine months in the Court of Appeal. Fitzpatrick, the appellant, pleaded guilty at Dublin Circuit Criminal Court to corruptly offering a gift to a civilian working for An Garda Siochana to convince her to do an act in relation to her employment on a date unknown. He also pleaded guilty to perverting the course of justice by attempting to destroy a mobile phone linked to a specific SIM card in Malahide on May 27, 2020. His defence counsel, Pieter Le Vert BL, argued that Fitzpatrick was treated unfairly compared to his co-accused, the civilian employee, who received a two-and-a-half-year sentence for providing sensitive information from the Garda Pulse system. The defence contended there was no justification for the disparity in sentencing. Joe Mulrean BL, representing the Director of Public Prosecutions, responded that there was no error and the sentence imposed was "perfectly appropriate." He highlighted that Fitzpatrick pleaded guilty to both corruption and perverting the course of justice, noting he was on bail at the time, exploited a vulnerable co-accused, and has multiple previous convictions for drugs, road traffic, and endangerment offences. Although Fitzpatrick threw his phone in a toilet during a raid, gardaí salvaged the SIM card, which was linked to messages and images taken from the Garda Pulse system. Fitzpatrick fled Ireland and was later extradited. Mr Justice John Edwards, presiding, stated that the court will deliver judgment at a later date, meaning the matter was adjourned.

2025-01-30 · Dublin

Pair sent to prison for meat cleaver fight over who was better chef after appeal

Dawei Zhang, 38, and Han Chung Tang, 46, were sentenced by the Court of Appeal to two years and six months' imprisonment, with the final 12 months suspended on condition of good behaviour, after their original 240‑hour community service sentence was deemed too lenient. The appeal court found that the pair, who were take‑away workers at Jumbo Wok in Kimmage, had a verbal dispute over who was the better chef that escalated into a violent fight in July 2019. Zhang and Tang each used meat cleavers, resulting in Tang suffering severe injuries, including a cleaver lodged in his back and a broken shoulder blade, and requiring blood transfusions. Zhang sustained lacerations to his scalp, chest and shoulder. Both pleaded guilty to assault causing harm and producing a knife. The Court of Appeal quashed the community service sentence and imposed the custodial term, citing the seriousness of the assault and the need for deterrence.

2025-01-23 · Waterford

Young man who killed home intruder withdraws appeal against manslaughter conviction

Dean Kerrie, aged 23, withdrew his appeal against a manslaughter conviction after being found guilty of killing Jack Power, 25, during an intruder incident at Kerrie's home in Dunmore East, Waterford, on 26 July 2018. Kerrie had been tried twice for murder; the first jury could not reach a verdict, and the second jury convicted him of manslaughter. In the trial, Kerrie claimed he stabbed Power after the intruder attacked his mother, while Power's friend testified that Kerrie had a knife when Power was leaving the house. The judge noted uncertainty about the knife's provenance and imposed a four‑year, six‑month sentence, suspending the final year. Kerrie had pleaded not guilty to murder but accepted the manslaughter conviction and has now withdrawn his appeal at the Court of Appeal.

2025-01-23 · Limerick

Cathal Crotty jailed as fully suspended sentence is overturned

Cathal Crotty, a former soldier aged 22, was sentenced by the Court of Appeal to three years' imprisonment, with the final 12 months suspended for one year, after a fully suspended three‑year sentence imposed by the Circuit Court was overturned. The appeal was brought by the Director of Public Prosecutions, who argued that the original sentence was too lenient. Crotty had beaten Natasha O'Brien, 25, unconscious on a public street after she asked him to stop shouting homophobic abuse. He repeatedly punched her, causing a fractured nose, and later posted a boastful Snapchat message. Crotty will pay €3,000 in compensation to Ms O'Brien. The court noted his early guilty plea, lack of prior convictions, good character and remorse, but also his loss of a Defence Forces post and lack of dependents. The sentence reflects the gravity of the offence and the need to deter similar attacks.

2025-01-23 · Limerick

Cathal Crotty's wholly suspended sentence 'sends out wrong message', DPP tells appeal

Cathal Crotty, a 20‑year‑old former Defence Forces soldier, was convicted of assault causing harm after he beat Natasha O'Brien unconscious on a Limerick street on 29 May 2022. The assault followed O'Brien's request that he stop shouting homophobic abuse, after which Crotty verbally abused her and then struck her. Crotty pleaded guilty in July 2023 at Limerick Circuit Court. Judge Tom O'Donnell imposed a wholly suspended three‑year sentence and ordered Crotty to pay €3,000 compensation. The Director of Public Prosecutions, Lily Buckley, has applied to the Court of Appeal to overturn the sentence, arguing it is unduly lenient and that a custodial term is needed to deter similar crimes. Crotty's lawyers contend the judge exercised mercy appropriately, citing his good service record, lack of prior convictions, and potential job loss. The Court of Appeal will decide whether to uphold or modify the sentence.