Paul Clarke, aged 41, was sentenced to six years' imprisonment in October 2023 for an armed robbery of a Lidl on Malahide Road on 13 November 2019. He entered the store with a handgun, fired a shot into the ceiling, brandished the gun while holding a bag, threatened an assistant manager, and stole €1,000 from two tills. The Court of Appeal reviewed CCTV footage and noted the robbery lasted about two minutes, with the gun fired at the ceiling and the manager forced to let Clarke out. Judge Orla Crowe had originally set a headline term of eight years, later reduced to six years after mitigation. The DPP appealed, arguing the headline term was too low, citing the busy premises, prolonged interaction, and a 19‑month overlap with a prior sentence that minimized the final term. The Court of Appeal will decide on 6 February.
In January 2025 the Court of Appeal quashed a fully suspended sentence imposed on Conor McLoughlin, 44, who had 30 prior convictions. McLoughlin had pleaded guilty to intimidating a witness, criminal damage and other offences after ramming Grainne McGuigan's Volkswagen Passat on 27 March 2022. The original judge had set a headline sentence of five years for intimidation and criminal damage, reduced to four years and then to three and a half years each, before suspending the sentences entirely. The Court of Appeal held that the offence's intrinsic seriousness required a custodial element. McLoughlin was resentenced to a headline of five years for intimidation, with one year suspended for two years, leaving a final custodial term of three years, and a concurrent three‑year sentence for criminal damage. The earlier sentence was to commence from his release in June 2023. The court also allowed a brief period before his return to custody to arrange his home.
In a 2025 appeal, the State argued that the 15‑month sentence given to Ukrainian refugee Liudmyla Budash was too lenient. Budash, aged 46, pleaded guilty in July 2024 to a single money‑laundering offence after being caught in Temple Bar with a suitcase containing €491,955. Judge Elva Duffy had set a headline term of three and a half years, reduced to two years, and suspended nine months. The State, represented by Miska Hanahoe, claimed the headline term was too low, citing the amount of money, the sophisticated nature of the operation, and Budash's active role. Budash's counsel, Dominic McGinn, argued the sentence was appropriate, noting her lack of prior convictions and the desperate circumstances of her refugee status. The Court of Appeal will decide in early February.
Niall Power, who pleaded guilty to the murder of Irene White in Dundalk nearly two decades ago, has been granted legal aid to pursue a psychiatrist's assessment as part of his appeal against conviction. Power was the second man sentenced to life imprisonment for the crime. Anthony Lambe of Annadrumman, Castleblayney, County Monaghan, received a life sentence in January 2018 after admitting to carrying out the fatal stabbing. Power handed himself in to gardaí the day after Lambe's sentencing. Both men claimed to be acting on instructions from a third party. At the Court of Appeal, Power's legal team indicated they intend to challenge the conviction on grounds that he was experiencing mental health difficulties at the time of his guilty plea. Mr Justice John Edwards adjourned the matter to 14 March, directing that an affidavit outlining the grounds for extending time to appeal must be filed beforehand. The judge approved legal aid for psychiatric assessment to establish Power's mental state upon admission to custody.
James Flynn, aged 32, was acquitted of taking part in the 2013 robbery of Lordship Credit Union in Bellurgan, Co. Louth, where Detective Garda Adrian Donohoe was shot dead. However, the Special Criminal Court later convicted him of conspiring with Aaron Brady to steal a Volkswagen Passat that was used in the robbery. The conviction was based on an amendment to the indictment made after the trial, which narrowed the period and location of the alleged conspiracy and changed the accused person. Flynn's barrister argued that the amendment was made without giving Flynn an opportunity to challenge it, violating fundamental fairness. The Court of Appeal heard arguments about the admissibility of witness Andy Wooller's forensic vehicle identification evidence, which was described as lacking scientific basis. The court adjourned the matter, reserving its judgment. The case remains at the appeal stage, with no further outcome reported.
In a 2025 Court of Appeal decision, the court declared it unlawful and unfair to tie the suspended portion of a convicted rapist's sentence to his participation in a sex‑offender rehabilitation programme that required him to acknowledge guilt, despite his maintained innocence. The 58‑year‑old man had been convicted in 2018 of five counts of raping his cousin in 1985 and 1986 and one attempted rape in 1984. He received a headline sentence of six years for the attempted rape and nine years for the four rape counts. The original sentencing judge had suspended the final year of the nine‑year term if the defendant completed the "Building Better Lives" programme.
In a Court of Appeal hearing, Mr Justice John Edwards increased the sentence of Soufiane Mountassir, a 40‑year‑old on‑the‑run arsonist, from three to five and a half years for false imprisonment and assault causing harm. Mountassir had forced his former partner into the boot of her car, driving her to dark locations where he beat her for an hour and 40 minutes, causing her to fear for her life. He had been drinking, taking Dalmane, cocaine and cannabis during the attack. The Court noted the dominance, coercion and abuse of power in the intimate relationship, and that the original sentence was too lenient. The new headline sentence was set at eight years, with a two‑and‑a‑half‑year reduction for mitigating factors, resulting in the final five‑and‑a‑half‑year term. The decision was based on the aggravating nature of the violence and the victim's prolonged trauma. Soufiane Mountassir pleaded guilty.
The Court of Appeal has rejected an appeal against conviction by a Donegal man sentenced to ten years imprisonment for the repeated rape of a teenager. Liam Carr, aged 62, with an address in Ballina, Falcarragh, County Donegal, was convicted following trial at the Central Criminal Court in Sligo in 2021 of 31 counts including sexual assault, anal rape and oral rape of the boy between September 1995 and September 2000. The trial was the fifth proceeding on the same charges, after juries in three earlier trials were discharged for legal reasons and a fourth jury could not reach agreement. Carr argued the multiple trials breached his right to a fair trial and raised concerns about witness evidence and jury directions. Justice Isobel Kennedy rejected these grounds, finding no abuse of process and noting the trial judge had properly directed the jury on the standard of proof and presumption of innocence. The conviction appeal has been dismissed.
A secondary school teacher from Donegal Town has had her conviction upheld by the Court of Appeal following a challenge to her trial proceedings. Jacinta McSherry O'Connor, aged 64, was found guilty in October 2023 at Dublin Circuit Criminal Court of two counts of indecent assault against a male student in 1985. The assaults occurred in the student's home while she was providing grinds; she was 24 at the time and the boy was 13. Ms Justice Isobel Kennedy dismissed McSherry O'Connor's appeal, which contended that the jury should not have heard evidence of disclosures she made about her own alleged sexual assault. The court determined that such evidence was relevant to establishing grooming behaviour. McSherry O'Connor was sentenced to three years on each count concurrently, with the final six months suspended. McSherry O'Connor pleaded not guilty.
Three men convicted of the kidnap and torture of Quinn Industrial Holdings director Kevin Lunney have had their appeal adjourned for three months by the Court of Appeal. Alan Harte (43), Alan O'Brien (43) and Darren Redmond (30), all from East Wall, Dublin, sought to overturn their December 2022 convictions for false imprisonment and intentionally causing harm. Their barristers argued that key DNA evidence from a van destroyed by fire while in garda custody should have been inadmissible, and raised concerns about the admissibility of phone records and CCTV footage obtained in breach of law. The three-day hearing before Mr Justice Patrick McCarthy and colleagues did not conclude as scheduled. The men were originally convicted following the abduction of Mr Lunney from his home in County Fermanagh on September 17, 2019, and his subsequent assault at Drumbrade, Ballinagh, County Cavan. Harte received a 30-year sentence, O'Brien 25 years, and Redmond 18 years with the final three suspended. The appeal will resume on March 11, 2025.
The Court of Appeal has upheld a High Court order halting development at a wind farm in Cashelnavego, County Donegal, finding the project to be unauthorised due to multiple planning deviations. Ms Justice Nuala Butler dismissed an appeal by Planree Limited and Mid Cork Electrical Limited against restraints imposed by Donegal County Council, ruling that the 19-turbine development cannot proceed in its current form. The court found that whilst the companies accepted the existence of twenty-five unauthorised works, the deviations render the entire development unauthorised and cannot be severed from the permitted elements. The judges rejected arguments that the developers should be permitted to complete remaining works pending a substitute consent application to An Bord Pleanála, finding insufficient evidence of insolvency risk or exceptional circumstances warranting relief. The High Court had imposed the development ban following a significant bog slide at the site four years ago, though both parties acknowledged the ground works conformed with permissions granted. The Court of Appeal ordered costs in favour of the council.
The Court of Appeal rejected the appeal of 36‑year‑old Polish national Sebastian Barczuk, who was convicted of murdering his former flatmate Michal Kurek, a homeless man, by stabbing him 62 times in August 2017. Barczuk had argued that mobile phone data used at his trial was unlawfully obtained by Gardaí. Mr Justice Michael MacGrath held that the Gardaí complied with the Communications (Protection of Data) Act 2011 and that the phone data was admissible. He also rejected the claim that the trial judge should have discharged the jury because the phone data was not properly proved, finding no gap in the evidence that would justify such a discharge. The Court therefore dismissed the appeal, leaving Barczuk's conviction and mandatory life sentence in place. The case remains at the Court of Appeal stage. Sebastian Barczuk pleaded not guilty.
The Court of Appeal has increased the prison terms for Adam Murphy and Keith McCormick-Smith, who pleaded guilty to manslaughter and multiple vehicle thefts. The court ruled that their original sentences were unduly lenient. Murphy, who admitted to manslaughter and seven other offences committed in a spree in Dublin on January 23, 2022, had his combined sentence raised from nine and a half years to 12 years. The Court of Appeal found that the sentencing judge erred in principle by fully suspending the two-and-a-half-year consecutive sentence for the theft offences. The court imposed four years for the unauthorised taking counts, consecutive to the manslaughter term, resulting in a total of 12 years after reductions and a six-month suspension. McCormick-Smith, who also pleaded guilty to the same theft charges plus possession of stolen property, saw his sentence more than double from two years and two months to five years. The court determined that the original headline sentence was a substantial departure from the norm. It imposed two consecutive four-year sentences for the thefts, reduced to six years, with the final 12 months suspended. Both men were convicted of leaving a victim, Ian McDonnell, to die after he was thrown from a stolen car during the crime spree.
A man from Galway, whose name is withheld for legal reasons, was convicted on 30 November 2022 of five counts of indecent assault against two sisters‑in‑law and one brother‑in‑law, all of whom were children at the time of the offences. The jury at the Galway Circuit Court found him guilty and Judge Brian O'Callaghan sentenced him to 23 months' imprisonment on 15 June 2023. The defendant appealed to the Court of Appeal, arguing that the verdict was "perverse" because of alleged inconsistencies in the evidence and that the trial judge had erred by refusing to sever the indictment. Ms Justice Tara Burns dismissed the appeal, stating the appellant failed to meet the high threshold for a perverse verdict and that the trial judge had not erred in refusing to separate the cases. The conviction was upheld and the appeal against conviction was dismissed. The unnamed appellant pleaded not guilty.
Anthony Ryan, 49, was found guilty of possessing and distributing child pornography after an FBI tip‑off led to a search of his home and the seizure of 575 items, including 326 images of girls under 12 and 159 videos of sexual activity. He had originally received a fully suspended three‑year sentence, but the Court of Appeal quashed it, citing the seriousness of distribution and the need for deterrence. Ryan was resentenced to 18 months in prison, with a headline four‑year term reduced to two and a half years, the final year suspended. He will begin custody after Christmas, with a post‑release supervision order of two years. The court deferred the warrant to the first week of January, allowing Ryan to finish a course before incarceration. The decision was based on the State's appeal that the original sentence was too lenient.
Peter Sheeran, aged 33, was convicted of robbery after he used a bread‑knife to steal €1,000 from Murphy's Gala store in Kilanerin on 17 June 2023. He left his two‑year‑old and seven‑year‑old children in a car while he carried out the robbery and was apprehended shortly after by passers‑by. Sheeran pleaded guilty at Wexford Circuit Court in December 2023, where Judge Cormac Quinn imposed a five‑year sentence with the final year suspended. In November 2024 he appealed, arguing that the sentence was too harsh because he had no prior convictions, was acting under duress and the offence was not pre‑meditated. The Court of Appeal, hearing the case on 16 December 2024, found that the original judge had erred by setting an eight‑year headline sentence. The appeal was granted, and the Court of Appeal quashed the original sentence.
In a Court of Appeal hearing on 12 December 2024, Ms Justice Tara Burns dismissed the appeal of a 59‑year‑old man convicted in July 2022 of rape, sexual assault, threats to kill, assault causing harm, intimidation of a witness, property damage and trespass. The appellant had threatened to cut his former partner's fingers with secateurs, broken into her home, and claimed he had paid €10,000 to kill her if he went to prison. He argued that the trial judge erred by not fully outlining the defence case and by misdirecting the jury on the victim's demeanour. Justice Burns found the judge's conduct appropriate, noting that the defence evidence was presented in memoranda of interview and that the judge had re‑charged the jury correctly. The appeal was therefore rejected, leaving the original ten‑year sentence intact. The case involved the victim's two adult sons and her subsequent temporary displacement from her home.
An accountant, Sidney Sutton, has failed in his appeal to halt a retrial related to an alleged knife attack on his wife, described as 'extreme domestic violence' during his original trial in 2017. Sutton was originally convicted of four counts of assault, one of assault causing harm, and one count of producing a knife capable of inflicting serious injury. His conviction was quashed in April 2021, and the Court of Appeal ordered a retrial. Sutton had previously been sentenced to two years with the final 12 months suspended, but the Court of Appeal ruled that sentence was too lenient and ordered him to serve a further 16 months. Sutton appealed a High Court decision that denied his application to prohibit the retrial on grounds of alleged malicious prosecution and abuse of process. At the Court of Appeal, Ms Justice Tara Burns ruled that Sutton had failed to establish an arguable case regarding any of the issues raised. She noted that the High Court judge had addressed Sutton's complaints in detail and found no evidence of withheld crime scene reports or other issues that would justify halting the retrial. Sutton claimed that the State suppressed crucial evidence and that gardai failed in their duty to preserve evidence. However, the Court of Appeal found no support for these allegations. The matter was adjourned, and costs were awarded against Sutton. Sutton expressed his intention to continue fighting and described the judgment as 'horrendous' and 'disgusting', claiming that the State had destroyed his businesses and left him with nothing.
A man convicted of murder in connection with the death of Dundalk woman Irene White in 2005 is pursuing an appeal, arguing he was suffering a mental breakdown when he pleaded guilty. Niall Power, aged 51 and formerly of Riverstown, Co Louth, was sentenced to life imprisonment in July 2019 after admitting to his role in arranging the killing. Anthony Lambe, of Castleblayney, Co Monaghan, received a concurrent life sentence in 2018 for carrying out the fatal attack. At the Court of Appeal on Friday, Power's legal representatives indicated they would seek to have the guilty plea set aside on mental health grounds. Mr Justice John Edwards granted legal aid and directed that the matter be adjourned to January 17th to allow for the filing of formal documentation regarding an Enlargement of Time application, as the appeal window has expired. The court will subsequently address whether the plea should be withdrawn.
The Court of Appeal has dismissed John Dundon's bid to overturn his 2013 conviction for the murder of Shane Geoghegan. Dundon, who is serving a life sentence, argued that a recorded phone conversation between witnesses Lisa Collins and Christopher McCarthy, which allegedly suggested a motive to secure a conviction for an offence carrying a greater penalty, such as murder, was not disclosed at trial. Counsel claimed this omission raised concerns about the fairness of the proceedings. However, Mr Justice John Edwards rejected the appeal, finding no breach of the Director of Public Prosecutions' duty of disclosure and noting that the Special Criminal Court had already approached the witnesses' testimony with caution. The court concluded that the appellant's trial was not unsatisfactory and his verdict remained safe. Separately, Barry Doyle, who admitted shooting Mr Geoghegan in a case of mistaken identity during Garda interviews, later pleaded not guilty at trial. He was found guilty by a jury at the Central Criminal Court and received a mandatory life sentence. Both the Special Criminal Court and the High Court had previously rejected Dundon's bids to have his 2013 murder trial adjourned.
Convicted rapist and child abductor Michael Murray has been further jailed for 18 months for making bomb threats against the Oireachtas last year. Murray (53), formerly of Seafield Road, Killiney, Co Dublin, pleaded guilty to two counts of making the threats from Midlands Prison in Portlaoise, where he is currently serving sentences for which he had been due for release in November 2037. Last March, Murray was further jailed for two years after being found guilty by a jury of phoning in a hoax INLA bomb threat against the home of Minister for Justice Helen McEntee. For the second offence, a consecutive sentence of 18 months was imposed but suspended for a period of three years. Murray was also found guilty of making death threats against Dominic McGinn SC and Tony McGillicuddy BL, the barristers who prosecuted the rape case against him in 2013. He had pleaded not guilty to all of these offences. The matter was adjourned during the appeal stage.
A 15‑year‑old was convicted of anal rape of a 15‑year‑old girl and was originally sentenced to six months' detention and community supervision. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal quashed the original term and set a headline sentence of nine years, then reduced it to four and a half years after a 50% reduction for the offender's age and maturity. Further mitigating factors led to a one‑year reduction, giving a final headline of three and a half years. The court suspended the last 12 months on a €100 bond, with the sentence backdated to the day of custody. The teenager has already been released and will return to prison to serve the remaining term. The case involved an assault that included forced oral and anal penetration, with the victim reporting severe physical injury and lasting psychological impact. The unnamed girl pleaded not guilty and was acquitted.
In an appeal hearing, Keith McCormick (23) of La Touche Drive, Bluebell, Dublin 12 and Riverview, Church Road, Mulhuddart, Dublin 15, who pleaded guilty to possession of drugs for sale or supply on May 12, 2020, and other charges including burglary, unlawful use of a vehicle, possession of stolen property, and driving without a licence or insurance between September 2020 and May 2021, had his sentence reviewed. McCormick, who has 44 previous convictions, was previously sentenced in February to a three-year and two-month prison term with the final 12 months suspended for his role in a series of offences on January 23, 2022, during which a man died. Judge Orla Crowe imposed a global sentence of six years and six months, suspending the final 15 months on strict conditions, including keeping the peace and being of good behaviour for two years and engaging with the Probation Service for 12 months upon release. Adam Murphy (23) of Cherry Orchard Crescent, Ballyfermot, Dublin 10, pleaded guilty to manslaughter and was handed a 12-year sentence with the final two-and-a-half years suspended on strict conditions. The matter was adjourned for further consideration.
In an appeal hearing, the case of Keith McCormick (23) of La Touche Drive, Bluebell, Dublin 12 and Riverview, Church Road, Mulhuddart, Dublin 15, who pleaded guilty to possession of drugs for sale or supply on May 12, 2020, and other charges including burglary, unlawful use of a vehicle, possession of stolen property and driving without a licence or insurance between September 2020 and May 2021, was adjourned for finalisation on November 27. McCormick, also known as McCormick-Smith, has 44 previous convictions. In February, he was handed a three-year and two-month prison sentence with the final 12 months suspended for his role in a series of offences on January 23, 2022, during which a man died. Co-accused Adam Murphy (23) of Cherry Orchard Crescent, Ballyfermot, Dublin 10, pleaded guilty to manslaughter and was handed a 12-year sentence with the final two-and-a-half years suspended on strict conditions. The matter was adjourned for finalisation on November 27. The court heard that McCormick's earliest current release date is June 2027. Probation and psychological reports were handed to the court, and the defence asked the court to consider the principles of proportionality and totality when imposing sentence.
Eimear Carroll, a 42‑year‑old primary school teacher from Hillside, Seffin, Birr, Offaly, was found guilty of one count of harassment and two counts of sending obscene, grossly offensive or menacing letters by post. Over a two‑year period she sent about 500 letters to the victim's family, friends, workplace and to HIQA, alleging abuse of patients and making repeated racial slurs, referring to the victim as a "knacker". The Court of Appeal heard that the harassment was continuous, involved personal details such as the victim's cousin's death, and caused the victim to sell her house and relocate. Judge Catherine Staines had sentenced Carroll in July to four years' imprisonment, with the final two years suspended. Carroll appealed, arguing the sentence was too harsh, but the appeal was not decided in this hearing. The case was noted for its persistent, racially charged nature.
A 29‑year‑old man was jailed for a second conviction of raping a friend. The Court of Appeal overturned his earlier seven‑year sentence, which had three‑and‑a‑half years suspended, and ordered a retrial. The retrial, held earlier this year, resulted in a guilty verdict by a jury for a single count of rape committed on 7 November 2018 at the victim's home. The man had no prior convictions and had been in custody from November 2021 until January 2024, after which he was released on bail pending the appeal. Mr Justice Patrick McGrath imposed a headline sentence of seven years imprisonment, suspended the final three‑and‑a‑half years, and set conditions including compliance with probation recommendations and assessment for sex‑offender and alcohol treatment programmes. All time already spent in custody was taken into account. The victim, whose identity is protected, stated that the crime had profoundly altered her life.
Robert Redmond, a career criminal serving life imprisonment for the murder of Barry Wolverson in Swords, Co Dublin, on January 17, 2020, appealed his conviction at the Court of Appeal. Redmond, of Kilbarrack, Dublin 5, had denied the charge. His counsel argued that a North Face jacket containing gunshot residue, central to the prosecution, should have been excluded due to improper storage by gardaí, which raised contamination risks. The appeal also challenged the forensic expert's opinion on who fired the weapon, alleging it assumed Redmond's guilt. The DPP countered that CCTV and witness evidence established an unbroken chain of custody and Redmond's presence at the scene. Redmond's co-accused, Bernard Fogarty, was also sentenced to life imprisonment for the murder. At the Special Criminal Court, Redmond received a life sentence for the murder, five years for assault causing harm on Gerard Wildman, and 12 years for possession of firearms and ammunition. He is also serving a consecutive seven-year sentence for the murder of Jordan Davis. The court reserved its judgment, meaning the matter was adjourned and not concluded.
A 30‑year‑old Dublin man who claimed he was suffering from sexsomnia when he raped a co‑worker was convicted on 9 February 2018 and sentenced to eight years, with the final two years suspended on strict conditions. He appealed, arguing that the prosecution's closing address unfairly spotlighted his failure to give evidence and scorned a sleep‑disorder expert's testimony. The Court of Appeal rejected all grounds of appeal, finding no unfair or prejudicial remarks and that the judge had not erred in refusing the expert to give evidence. The appeal also failed on the grounds that evidence of a co‑worker's prior interest in the victim was permissible, and that a pre‑trial ruling allowing video‑link testimony was within the judge's discretion. The appeal was dismissed, leaving the conviction and sentence intact. The case involved the victim waking to the man's sexual act, DNA evidence, and prior sexual comments made by the accused. The unnamed 30-year-old pleaded not guilty.
Tanya Kirwan, 40, of Killisk, The Ballagh, Co. Wexford, pleaded guilty to careless driving causing serious bodily harm on 22 February 2021, when she struck 88‑year‑old Laurence 'Larry' Leacy. The collision left Leacy with spinal fractures, a fractured tibia, a lacerated scalp and kidney failure, and he later died of a respiratory tract infection. Kirwan was initially sentenced by Judge James McCourt at Wexford Circuit Court on 7 July 2022 to a one‑year suspended sentence and a four‑year driving ban. The Court of Appeal, hearing on 11 November 2024, found the four‑year ban was a discretionary order mis‑interpreted as mandatory. It quashed the original ban and imposed a two‑year, four‑month disqualification, back‑dated to 7 July 2022, while keeping the one‑year suspended sentence. Kirwan's car was in good condition, she was not intoxicated, and she had returned to work after lunch before the incident.
The Court of Appeal has upheld the 14-year jail term and lifetime driving ban imposed on Michael Collins (50), of St Finian's Park, Drogheda, Co Louth, who was convicted of dangerous driving causing the death of Jillian Thornton on May 27, 2016, at Waterside Great, Duleek, Co Meath. The conviction followed a trial lasting almost two weeks at Trim Circuit Court in July 2019. Collins was also convicted on two charges of endangerment, 12 charges of dangerous driving, and of driving under the influence of cannabis on the same date. At the Court of Appeal on October 11 this year, defence counsel Michael Lynn argued that the overall sentence of 15 years with one year suspended was 'clearly disproportionate' and that the 14-year term was 'almost double' that imposed in other more severe cases, contrary to the totality principle of sentencing. He also challenged the imposition of a three-year sentence for one endangerment charge and a five-year sentence for the other, while making the 10-year sentence consecutive to the longer sentence of five years. Additionally, he argued that the judge had made an error in imposing a life-long driving disqualification on Collins. The appeal was dismissed, with the court finding that no double counting or error in principle had taken place in the sentencing. The court also dismissed Collins' appeal against his driving ban, stating that he still posed a risk to members of the public and should not be allowed to return to the road. The matter was adjourned and never described as concluded or finalised.
Peter Sheeran, 33, of Carraig Mor, Kilcoole, County Wicklow, was convicted of robbery after he armed himself with a bread‑knife and stole €1,000 from Murphy's Gala store in Kilanerin on 17 June 2023. He left a two‑year‑old and a seven‑year‑old in a car while he carried out the robbery and was subsequently caught by passers‑by. Sheeran pleaded guilty at Wexford Circuit Court in December 2023, where Judge Cormac Quinn imposed a five‑year sentence, with the final year suspended. On appeal, Sheeran's counsel argued that he had no prior convictions, was acting under duress, and the offence was not premeditated. The Director of Public Prosecutions countered that the planning was minimal and the knife was more akin to a machete. Judge Patrick McCarthy acknowledged the duress but noted premeditation in Sheeran's preparation and disguise.
The Court of Appeal upheld a ruling that the Department of Transport must allow a learner driver, Osama Elsharkawy, to inspect the legal advice it received when changing the penalty points regime. Elsharkawy, who had a provisional licence from 2012 and a full licence from 2021, was disqualified for six months after accumulating seven penalty points in 2021. He argued that the new seven‑point threshold should only apply to those who entered the licensing system on or after 1 August 2014, and that the Department had applied it to those who entered earlier without providing a legal basis. The High Court found that the Department had used the legal advice for its advantage, waiving privilege. The Court of Appeal held that the Department must disclose any documents referred to in its pleadings, whether oral or written, and that there is a prima facie right to inspect them.
In a Dublin Circuit Criminal Court hearing, Mark Moran, 44, received a suspended 21‑month prison sentence for possession of 782 images and 20 films of child sexual abuse material seized from his home in 2015. The court noted that no aggravating factors such as distribution were present, and that Moran had no prior convictions. He pleaded guilty, expressed remorse, and acknowledged that the material was not downloaded intentionally. Judge Martin Nolan applied a non‑custodial option in line with Court of Appeal precedent, imposing a fully suspended sentence on strict conditions. Moran's admission of guilt, lack of previous offences, and mitigating circumstances were considered, and the judge warned that any repeat offence would be treated differently. The sentence reflects the seriousness of possession of child sexual abuse material while recognising the absence of aggravating conduct.
The Court of Appeal heard that a 15‑year‑old was convicted of anal rape of a 15‑year‑old girl and sentenced to six months and one week of detention followed by the same period of community supervision. The State argued the sentence was too lenient, citing aggravating factors such as the victim's alcohol consumption, the anal injury sustained and the defendant's intent. The State also challenged the judge's discounts for the defendant's age and for delays in investigation. The defence maintained that the judge's assessment was within the discretion available and that mitigating factors were appropriately considered. The court reserved judgment on the appeal. The case involved the defendant taking the victim to a derelict house, giving her cider, and forcing sexual acts while she repeatedly said "No" and cried. The victim's impact statement described lasting fear and avoidance of leaving home. The unnamed girl pleaded not guilty and was acquitted.
The Court of Appeal found that the fully suspended sentence imposed on Mark Harris, a 29‑year‑old drug dealer, was too lenient and quashed the original four‑year‑six‑month sentence. Harris had been caught with over €500,000 worth of cocaine, cannabis and cash, and had pleaded guilty to drug supply and money‑laundering offences. The Court held that the circumstances did not justify a wholly suspended sentence and ordered a new sentence of four and a half years, with the final one and a half years suspended under the same conditions as before. The Court also quashed the suspended money‑laundering sentence, taking that charge into account in the resentencing. Harris was sent to jail today following the Court of Appeal's ruling.
A 29‑year‑old drug dealer, Dylan Clements, was sentenced to three years in prison with the final 18 months suspended after the Court of Appeal overturned a fully suspended sentence imposed by a Circuit Court judge. Clements had been found in possession of cocaine and cannabis worth over €28,000, including a large block of cocaine valued at €26,575 and cannabis worth €2,220. He pleaded guilty to one count of possession of drugs for sale or supply under Section 15A of the Misuse of Drugs Act and was originally sentenced by Judge Martin Nolan. The Court of Appeal, citing the legislation's presumptive minimum sentence of ten years for such offences, ruled that the original sentence was unduly lenient and that no special circumstances justified a fully suspended term. The appeal court ordered a probation report and quashed the original sentence, leading to the resentencing.
The Court of Appeal has dismissed the appeal by Damien Long, 44, of Ard Bhaile, Mayfield, Cork, against his sentence for the robbery of a 93-year-old woman on 9 November 2022. Long, who was on bail at the time of the offence, had previously pleaded guilty at Cork Circuit Court. He was sentenced to ten years in prison, with the final year suspended, for the robbery at Charlemont Terrace, Wellington Road, Cork. His co-accused, Damian Fitzgerald of Inniscarra Road, Fairhill, Cork, was sentenced to nine years in prison. The victim suffered life-changing injuries, including multiple pelvic fractures, after being dragged along the road while resisting the theft of her handbag. Mr Justice Michael McGrath, delivering the judgment, stated that the sentencing judge had acted within her discretion by placing the offence in the highest category. He noted that the attack was premeditated and targeted an elderly, isolated woman, making injury foreseeable. The court rejected defence arguments that Long's role was minor, noting he was on a suspended sentence for a previous robbery at the time. The judge also chose not to activate any portion of Long's suspended sentence for that other offence. The appeal was refused, and Long will continue to serve his nine-year effective jail term.
In a re‑sentencing hearing, the Court of Appeal found that the Circuit Court had been misinformed about the maximum penalty for Lee Hutchinson, a 41‑year‑old former teacher from Coxtown West, Dunmore East, Waterford. Hutchinson had carried out a four‑year poison‑pen campaign against three Gardaí, sending anonymous handwritten letters with spurious allegations of misconduct, corruption and sexual impropriety to the officers, their families and superiors. The letters were forwarded to the Garda Síochána Ombudsman Commission, which deemed the claims unfounded. Hutchinson's original six‑year sentence, with the final year suspended, was quashed because the judge had been told the maximum was ten years instead of the correct seven. The Court of Appeal imposed a new sentence of seven years, with the final two years suspended, to be served consecutively for the three counts of harassment.
Michael Lynn, a former solicitor aged 55, faces a potential release from prison next month if his appeal against a five‑and‑a‑half‑year sentence for stealing over €18 million from six financial institutions succeeds. Lynn was jailed eight months ago and his appeal is scheduled for November 4, the same day his legal team believes he could be released if the appeal is successful. The Court of Appeal, presided over by Mr Justice John Edwards, clarified that grounds of appeal cannot be heard piecemeal and that the sentence appeal will be heard before the conviction appeal, an exception to usual practice. Lynn's legal team must submit their arguments by the end of next week, after which the State will reply. The judge noted that failure to comply with the timetable would halt the case. Lynn's original sentence, imposed by Judge Martin Nolan, was 13 years, reduced to 5½ years after credit for time served in Brazil.
On 6 June 2023, 23‑year‑old Constantin Leonard Magadau of Glenbourne Avenue, Leopardstown Valley, pleaded guilty in the Dublin Circuit Criminal Court to burglary, dangerous driving and failing to stop a vehicle on Main Street, Dundrum. The court heard that Magadau and a second man removed €33,000 worth of stock from Murray Mobile, a phone shop in Dundrum, while a third man acted as a lookout. The shop owner testified that the premises were systematically destroyed, with €15,000 worth of criminal damage, and that the business was nearly closed as a result. Judge Elva Duffy sentenced Magadau to three and a half years' imprisonment. He appealed the sentence, but the Court of Appeal, hearing the case on 17 October 2024, warned that it could increase the sentence and granted Magadau permission to withdraw the appeal.
The Court of Appeal was told by the Director of Public Prosecutions that the sentences imposed on Adam Murphy, aged 22, and Keith McCormick Smith, aged 23, for a crime spree that left businessman Ian McDonnell dead were too lenient. Murphy had been sentenced to 12 years' imprisonment for manslaughter, with the final two and a half years suspended on strict conditions, and also pleaded guilty to multiple vehicle‑theft offences. McCormick Smith received a sentence of three years and two months' imprisonment, with the final twelve months suspended. The DPP argued that the suspended portions should not have been fully suspended and that the headline sentences should have been higher, citing the seriousness of the offences and the fact that McDonnell was left to die while the offenders continued their crime spree. The court reserved judgment on the matter.
In a decision by the Court of Appeal on 15 October 2024, Noel Noonan's conviction for possessing drugs worth €137,858 was quashed. Noonan, aged 46, had been jailed for eight and a half years after a Toyota Corolla he was driving was stopped on the N7 near Kildare. The vehicle was not taxed, uninsured and Noonan could not produce a licence. Garda Dave Farragher seized the car and found Xannax and amphetamine in the boot. Noonan denied knowing of the drugs. The appeal argued that a phone call from an inspector, relayed to Farragher, was hearsay and should not have been admitted. The Court of Appeal held that the trial judge's admission of this hearsay evidence was flawed and prejudicial, and therefore overturned the conviction, sending the case back to Naas Circuit Court for further proceedings.
An army captain, Captain Ross O'Shea, was convicted in October 2022 of sexually assaulting a female non‑commissioned officer at a barracks in Leinster on 25 June 2020. The assault involved moving his hands up and down her back while saying "come on" and pulling her against him. He was also found guilty of a Section 2 assault for moving towards her in a manner that caused her to apprehend an assault. A custodial sentence of six months was imposed, suspended for one year, and his dismissal was ordered. In October 2024 the Court of Appeal dismissed all grounds of appeal. The court held that any missing CCTV footage could not be considered a realistic line of defence, arguing that the footage would not have captured the key movements or words and that the evidence already presented was sufficient. The appeal was dismissed and the conviction upheld.
Michael Collins, 50, of Drogheda, was convicted of dangerous driving causing the death of 20‑year‑old Jillian Thornton after a 35‑minute pursuit by Gardaí. He was found to have been high on cannabis and was driving head‑on, without lights, and on the wrong side of the road. The trial, held at Trim Circuit Court in July 2019, also found him guilty of two endangerment charges, 12 dangerous driving offences and driving under the influence. Collins was sentenced to 14 years' imprisonment, with one year suspended, and a life‑long driving disqualification. At the Court of Appeal he argued the sentence was manifestly excessive, citing the lack of aggravating factors such as leaving the scene or disqualification at the time, and that the disqualification would impair his rehabilitation. The appeal was dismissed, with the judges reserving judgment on the appeal decision.
Sidney Sutton, an accountant from Ashbourne, Co Meath, appealed to the Court of Appeal against a High Court ruling that refused him leave to prohibit a retrial. Sutton was originally convicted in 2017 of four counts of assault, one count of assault causing harm, and one count of producing a knife capable of inflicting serious injury following a Circuit Court trial. Although he was sentenced to two years with the final 12 months suspended, the Court of Appeal later deemed the sentence too lenient and ordered him to serve a further 16 months. In April 2021, the Court of Appeal quashed his conviction and acceded to the DPP's application for a retrial. Sutton subsequently sought a judicial review in the High Court, claiming malicious prosecution and abuse of process. Ms Justice Mary Rose Gearty refused his application in March of this year, noting his repeated attempts to delay the ordered retrial. Today, Sutton appealed this decision, alleging that the State suppressed crucial crime scene evidence and that delays were caused to ensure he served time. He also raised concerns regarding pretrial publicity and missing exhibits. The State's counsel, James B. Dwyer SC, rejected these claims, arguing that the retrial process is well-established and that any alleged unfairness from the original trial is irrelevant given the quashed conviction. The Court of Appeal, presided over by Mr Justice John Edwards, reserved its judgement on the appeal.
In a Court of Appeal hearing on 10 October 2024, the appeal of a 59‑year‑old man convicted of 11 offences against his nine‑year‑old daughter was dismissed. The man had been jailed for 14 years after a Central Criminal Court trial in November 2022, where a jury found him guilty of repeated rape, oral rape, sexual assault, false imprisonment, threatening to kill and forcing a child to watch sexual activity. The appeal argued that the trial judge erred by not stopping the trial after the prosecution case, by failing to disclose WhatsApp or Viber communications, by not allowing cross‑examination of the victim's physical examination and by not giving a corroboration warning. Mr Justice John Edwards rejected all these grounds, stating that the trial judge had acted within his discretion and that the evidence presented was sufficient for the jury. The appeal was therefore dismissed, leaving the conviction and 14‑year sentence intact.
In a Court of Appeal hearing on 9 October 2024, Mr Justice John Edwards dismissed the appeal of 31‑year‑old Richard Walsh, a boxer from Congress Villas, Dungarvan, who had been convicted of assault causing harm for striking a woman with an iron bar at Kilrush Park on 30 November 2020. The appeal centred on two grounds: that the mobile‑phone footage used at trial had been edited, and that the trial judge had misdirected the jury on self‑defence. Mr Justice Edwards found the footage to be authentic, not hearsay, and that no evidence suggested manipulation. He also held that the judge's instructions on self‑defence were adequate and that the jury's decision was sound. Consequently, the appeal was rejected, leaving the original conviction and sentence of two and a half years, with the final 12 months suspended, in place. The court's judgment was delivered in the Court of Appeal, Waterford.
Conti Birali, aged 28, withdrew an appeal against a nine‑year prison sentence after the Court of Appeal warned that it could increase sentences. The appeal was withdrawn following advice from his counsel, Mark Lynam SC, after Mr Justice Patrick McCarthy highlighted the seriousness of the case and the court's jurisdictional powers. Birali was sentenced at Dublin Circuit Criminal Court for assault causing serious harm to Austin Doherty, who was left a wheelchair user after being kicked, stamped on and beaten. Birali also pleaded guilty to violent disorder with others on the same occasion. The victim, aged 38, suffered a nearly concave head and other injuries, and his prognosis is unlikely to improve. Birali's appeal was dismissed, and he remains sentenced to nine years in prison. The case also involved co‑accused Craig Maples, who received seven years for violent disorder and assault.
Three men have had their convictions upheld by the Court of Appeal following a vigilante attack on security personnel at a repossessed farmhouse near Strokestown, County Roscommon, in December 2018. Martin O'Toole, aged 60, of Claremorris, County Mayo; PJ Sweeney, aged 59, of Ramelton, County Donegal; and Paul Beirne, aged 58, of Boyle, County Roscommon, were each sentenced to fifteen years imprisonment after being convicted of fifteen charges including aggravated burglary, violent disorder, false imprisonment and assault causing harm. Mr Justice Peter Charleton described the offences as "the most barbaric violations of human rights", rejecting arguments regarding evidence admissibility and identification procedures. The judge noted that approximately thirty to forty people participated in the incident, during which armed assailants beat security staff, set vehicles alight, and fatally injured a dog. The court dismissed all appeals and affirmed the convictions.
In the Munster Abuse case, the Court of Appeal quashed the original 15‑year sentence for the father, who had been convicted of rape, sexual exploitation, sexual assault and child cruelty, and imposed a life sentence. The judge noted the father's position of trust and the egregious nature of his abuse, describing the victims as vulnerable children who were raped, violated and subjected to acts of depravity for his sexual gratification. The mother's original nine‑year term was increased to 12 years, and the uncle's original 15‑year term was reduced to 18½ years after a headline of 20 years was set. The appeal was brought by the Director of Public Prosecutions, who argued the original sentences were unduly lenient given the severity and prolonged nature of the abuse that occurred between August 2014 and April 2016. The court's decision reflects the gravity of the offences and the impact on the children's emotional, physical and psychological well‑being.