In a Court of Appeal hearing on 29 July 2024, a 46‑year‑old mother was sentenced to three years' imprisonment for wilful neglect and sexual abuse of her toddler son. The judge, Ms Justice Tara Burns, overturned a previously fully suspended sentence, citing the child's severe neglect, inability to use utensils, drink from a cup, dress himself, and poor language skills. The child had been placed in foster care before age five. The mother had been convicted in June 2022 of neglect from September 2010 to June 2015, and of sexual assault and exploitation between September 2013 and June 2015. She received a three‑year sentence for each of the sexual offences and one year for child cruelty, with all sentences running concurrently and no suspended portion. The mother denied the allegations and showed no remorse. The child remains in state care. The unnamed 46-year-old pleaded not guilty.
Leon Sharlott, 34, of Fordstown, Navan, was convicted in 2022 of possessing two handguns and ammunition under Section 27A(1) of the Firearms Act. He received a seven‑year sentence, with the final 12 months suspended, at Wexford Courthouse. The weapons and matching ammunition were found in a Volkswagen Golf at a council yard near Gorey, and additional items such as runners and gloves were discovered in the boot. Sharlott's appeal argued that the trial was unsafe because the prosecution relied on a "defect to his ear" for identification. His counsel claimed that no formal identification parade had occurred and that the ear defect had contaminated the process. The Court of Appeal rejected these arguments, stating that the evidence, including the ear defect, was circumstantial and admissible. The appeal was dismissed, leaving the conviction and sentence intact.
In a Court of Appeal hearing on 25 July 2024, Sebastian Bazczuk, aged 36, appealed his 2020 conviction for the murder of former flatmate Michal Kurek, aged 33, who was found dead with 62 stab wounds in Ballyboughal on 4 August 2017. Bazczuk argued that the trial was unsafe because the prosecution failed to establish the locations of mobile phone masts used in the case, and that phone traffic and location data retained under the Communications (Retention of Data) Act 2011 were inadmissible. He contended that the prosecution's schedule of phone records, which included maps of around 40 masts, was not properly proved, with evidence missing for nine of the cells. The appeal also highlighted that the prosecution had not demonstrated whether human interaction was required to assign cell numbers, and that the jury was presented with improperly proved material. The court reserved judgment on the appeal. The case remains at the appeal stage, with no outcome yet declared.
A former seminarian's prison sentence has been increased by two years following a Court of Appeal ruling that his original five-year term was unduly lenient. Aidan Gallagher, aged 41, of Dadreen, Killadoon, Westport, County Mayo, was convicted by jury in May 2023 of six counts of oral rape of his cousin on dates between 1998 and 2003. The Central Criminal Court jury sat in Carrick-on-Shannon, County Leitrim. Mr Justice Patrick McCarthy found that the sentencing judge had erred by treating all offences as committed while Gallagher was a minor, despite one occurring when he was 19 years old. The court imposed a revised sentence of seven years on each count, running concurrently. Gallagher had denied the allegations across two trials. The victim waived anonymity to allow her cousin's naming in reporting. Gallagher, who was due for ordination, has no previous convictions.
Trevor Byrne, a 43‑year‑old from Finglas West, will continue to serve a 17.5‑year jail term after the Court of Appeal dismissed his appeal. Byrne, who has 44 prior convictions, was convicted in 2021 by the Special Criminal Court on five charges stemming from an armed robbery of Boylesports in Swords on 19 March 2010. The charges were robbery, possession of a firearm, false imprisonment, threat to kill and unlawful seizure of a vehicle. He was found guilty after a mobile phone dropped at the scene was identified as his and after a Garda recognised him in CCTV footage. Byrne's counsel argued the identification evidence was unsafe due to lack of contemporaneous notes, but the court upheld the evidence as admissible and the appeal was rejected. The 17.5‑year sentence, which runs concurrently with other convictions, remains in force. Trevor Byrne pleaded not guilty.
The Court of Appeal quashed a lifetime driving ban imposed on Brian Kelly, who had received a fully suspended sentence for the death of a 24‑year‑old woman in 2008. The court instead imposed a 20‑year disqualification from driving and re‑sentenced Kelly to a two‑year prison term suspended for two years. Kelly, 43, had been convicted of dangerous driving causing death, with a suspended jail term and a lifetime licence disqualification. The appeal argued the lifetime ban was an error in principle. Justice Tara Burns noted that lifetime disqualifications are reserved for exceptional cases, usually involving repeat offenders, which did not apply here. She also observed that a custodial sentence would have been likely had the appeal been lodged earlier, but deemed it unjust to impose imprisonment now, 16 years after the incident. The court therefore reduced the disqualification period to 20 years while maintaining the suspended prison term.
In a Dublin city‑centre assault on New Year's Day, 24‑year‑old Jordan Maguire, who had been drinking and taking drugs for 48 hours, stamped on a man's head at Aston Quay and Price's Lane, causing a severe brain injury. The victim was left unconscious, required a craniotomy and 96 staples, and suffered a significant bleed, memory loss, slurred speech and depression. Maguire pleaded guilty to assault causing harm. The Court of Appeal quashed his original two‑and‑a‑half‑year sentence, citing the State's objection that the headline sentence of four years was unduly lenient. The Court set a headline of five years, then reduced it by 25% to three years and nine months, suspended the final six months, and back‑dated the term to 24 July 2023. Maguire will serve three years and three months in prison. The decision was based on the seriousness of the offence, the victim's long‑term impact and Maguire's 45 prior convictions.
Dermot O'Callaghan, 58, a serial armed robber, had his original eight‑year sentence quashed and resentenced to seven years with six months suspended after the Court of Appeal found the judge had set an inappropriate headline sentence. The appeal was prompted by the fact that O'Callaghan was on bail when he participated in a 2017 raid on Ulster Bank's Stillorgan branch, during which a bank employee was threatened with a gun and forced to hand over €13,200 and £800. O'Callaghan pleaded guilty to possession of an imitation firearm with intent to rob. He had 22 prior convictions, including armed robbery and firearms offences. The Court of Appeal ruled that the headline sentence should have been 11 years, reduced to nine years after mitigation, and imposed a consecutive seven‑and‑a‑half‑year term with the final year suspended.
The Court of Appeal has dismissed the appeal of Daniel Bowker, a 41-year-old UK national, against his sentence for possessing €2.364 million worth of cannabis for sale or supply. Bowker and co-accused Ibrar Sharif, 48, both pleaded guilty to the offence committed at Kilmainham, Dublin 8, on December 22, 2022. Following a surveillance operation, gardaí seized 119 kilos of cannabis concealed under frozen chicken. In October 2023, Judge Orla Crowe at Dublin Circuit Criminal Court sentenced both men to eight years in prison, with the final year suspended. Bowker's counsel argued that the sentence failed to adequately account for mitigating factors, including his status as a foreign national and his role as a father of three. However, Mr Justice Patrick McCarthy ruled that it was "ludicrous" to claim a further reduction based on foreign nationality, given that Bowker had travelled to Ireland specifically to commit the offence. The court found no error in principle in the original sentencing, noting that the eight-year term already represented a substantial reduction from the mandatory minimum of ten years. The appeal was dismissed, leaving the original sentence intact.
The Court of Appeal has rejected an appeal by Michael Farrell, a convicted person with 231 previous convictions, against his five-and-a-half-year effective prison sentence. Farrell, who pleaded guilty to two counts of assault causing harm in 2022, one count of threatening to kill or cause serious harm in 2021, and possessing a realistic imitation firearm in 2020, argued that the sentencing judge failed to adequately consider his personal circumstances and rehabilitation. The State characterized Farrell as a recidivist criminal. At his original sentencing in December, Judge Elma Sheahan imposed a six-year term with the final six months suspended, noting Farrell's mild intellectual disability resulting from a childhood brain injury. During the appeal, Mr Justice Patrick McCarthy upheld the original sentence, stating that the threat to a female garda was taken very seriously and that Farrell's unprovoked attacks on two prison officers caused significant injuries, including a fractured finger and stitches. The judge acknowledged Farrell's mental age but found no error in the sentencing judge's decision. The court concluded that the cumulative custody period was not excessive and dismissed the contention that the suspended portion was insufficient. Farrell will serve his full term in prison.
In a 2024 appeal, defence counsel James B Dwyer SC argued that Leon Sharlott's conviction for possessing firearms and ammunition was unfair because the prosecution's identification relied on a distinctive ear defect. Sharlott, 34, was sentenced in 2022 to seven years' imprisonment with the last year suspended after being found guilty of two offences under Section 27A(1) of the Firearms Act. The prosecution linked Sharlott to the weapons by DNA from shoes found in a Volkswagen Golf's boot and by CCTV footage of him buying gloves. Dwyer contended that no identity parade was held, and that witnesses' descriptions of the ear defect were inconsistent, undermining the identification process. Judge John Edwards noted that while an identity parade might have been best practice, its absence did not necessarily render the trial unfair, and the court would reserve judgment.
The Court of Appeal increased the 46‑year‑old child rapist's sentence from 11 to 16 years after rejecting his appeal. He abused a girl aged eight to eleven, tying her to a bed, holding a knife to her throat and threatening her before raping her. The judge noted that this single offence alone warranted a headline sentence at the top end of the mid‑range, and that the original 13½‑year headline was too low. The appeal was dismissed, and the court quashed the original sentence, resentencing the offender to 16 years with the final six months suspended. The conviction remains for eight counts of rape, nine of anal rape, eight of oral rape and nine of sexual assault, with a two‑year post‑release supervision period retained. The victim, whose identity is protected, suffered lasting mental health effects and remains on medication for anxiety and sleep. The unnamed 46-year-old was acquitted.
In a 363‑page Court of Appeal judgment, Mr Justice John Edwards dismissed nearly 50 grounds of appeal submitted by Aaron Brady, who remains convicted of the 2013 murder of Detective Garda Adrian Donohoe. The court found no error in the trial judge's decision to proceed during the Covid‑19 pandemic and rejected arguments that jurors were coerced or that the trial was unfair. Brady's appeals concerning the admissibility of video‑link testimony from Daniel Cahill and Molly Staunton, and allegations of inducement by U.S. authorities, were also rejected. The court upheld Brady's life sentence with a minimum term of 40 years, allowing parole application in February 2048 after 30 years of imprisonment. Brady, aged 33 at conviction, was found guilty of shooting Donohoe during a credit‑union robbery in Louth on 25 January 2013.
Aaron Brady, aged 33, failed to overturn his conviction for the capital murder of Detective Garda Adrian Donohoe. The Court of Appeal rejected nearly 50 grounds of appeal presented over a seven‑day hearing in October. The judges dismissed all arguments, including a claim that the trial's integrity was breached when key witness Molly Staunton was interrupted by an unseen man during a video link from New York. The Court found the interruptions did not pose a real risk of an unfair trial. Brady's conviction remains, and he will continue serving a life sentence with a 40‑year minimum, plus a concurrent 14‑year sentence for robbery. The case, the longest murder trial in Irish history, concluded with an 11‑to‑1 jury verdict in August 2020. The Court noted the hearing was the longest in its ten‑year history.
The State has appealed a pre-trial ruling in the Court of Appeal concerning five gardaí charged with attempting to pervert the course of justice. The Director of Public Prosecutions made the application regarding matters raised during a preliminary trial hearing in 2023. The respondents are retired Superintendent Edmond "Eamon" O'Neill, Sergeant Annemarie Hassett, Sergeant Michelle Leahy, Garda Thomas McGlinchey, and Garda Colm Geary. All five are alleged to have committed more than 40 counts of attempting to pervert the course of justice in relation to fixed charge penalty notices. The 42 charges relate to events allegedly occurring between October 9, 2016, and September 6, 2019. These allegations follow a lengthy investigation by the Garda National Bureau of Criminal Investigation. The matter is currently at the appeal stage, with no plea, finding, sentence, or finalisation recorded for the respondents. The court has not concluded the case, and the procedural status remains an active appeal against the earlier pre-trial decision.
John McClean, aged 79, former rugby coach at Terenure College, was convicted of sexually abusing 45 pupils over more than 20 years. After his first 2021 sentence of eight years for 23 offences, he pleaded guilty to 22 further abuses and received a four‑year sentence in February 2023, to run consecutively. The Court of Appeal found that Judge Nolan's global sentencing approach was not sufficiently rigorous and quashed the 2023 sentence. The Court ordered a new global sentence of ten and a half years for all 45 offences. McClean left the school in 1996 following earlier allegations and later coached rugby at UCD. The appeal highlighted the predatory nature of the abuse, the vulnerability of the victims, and the significant psychological harm caused. The new sentence reflects a proportionate headline term after discounting mitigating factors such as early guilty pleas and remorse.
In a Court of Appeal hearing on 4 July 2024, the appeal of Garrett Smith, 35, who was convicted of manslaughter for stamping to death Edward Liam O'Sullivan in his own home, was dismissed. Smith had sought to reduce his 13.5‑year sentence, arguing it was too harsh, but the three‑judge panel, led by Mr Justice John Edwards, found no merit in his appeal. Edwards reaffirmed the jury's decision to convict of manslaughter rather than murder, citing Smith's intoxication and the "sheer viciousness and brutality" of the attack. He rejected claims that the trial judge had failed to consider mitigating factors, noting the original headline sentence of 16 years was reduced to 14.5 years with 12 months suspended. The decision was met with brief applause from the victim's family before Smith was escorted back to prison.
Sidney Sutton, 46, of Ashbourne, has appealed a High Court refusal to halt a retrial of a 2017 knife‑assault case that was originally described as "extreme domestic violence." Sutton was convicted of four assault counts, one assault causing harm and one knife‑producing count, and sentenced to two years with 12 months suspended. The Court of Appeal later increased his sentence to 16 months, then quashed the conviction in 2021 and ordered a retrial. Sutton applied for a judicial review to prohibit the second trial, alleging malicious prosecution, corruption and unfairness, but Ms Justice Mary Rose Gearty denied the application, citing no evidence of bias or malice. Sutton has now appealed that decision and requested an adjournment, arguing he has not had enough time to prepare and that he is innocent. The Court of Appeal has adjourned the matter until 10 October, while Sutton threatens to seek €2 billion from the State if the case is overturned.
James Flynn, a 32‑year‑old former member of a cross‑border crime gang, was granted legal aid to appeal his conviction and eight‑year sentence for conspiring to steal the getaway car used in the 2013 Lordship Credit Union robbery that killed Detective Garda Adrian Donohoe. Flynn had previously been acquitted of the robbery itself but was found guilty of conspiracy to steal a Volkswagen Passat from a house in Clogherhead, Co. Louth. The Special Criminal Court convicted him of conspiracy, noting that the burglary was part of an organised plan to secure a vehicle for the robbery. Flynn fled Ireland after the crime, was extradited from the UK in 2022, and holds UK and US passports but no Irish passport. Court President Mr Justice George Birmingham approved legal aid for his appeal, following the same basis as the trial court. The case was one of 16 legal‑aid applications heard that day.
Michael Lynn, a 55‑year‑old former solicitor from Millbrook Court, Redcross, Co Wicklow, has been granted legal aid to appeal both his conviction and sentence for stealing over €18 million from six financial institutions. The Court of Appeal, presided over by Mr Justice George Birmingham, agreed to provide aid on the same terms as the trial court after Lynn presented a statement declaring he had no means. The judge noted that should new information arise making legal aid inappropriate, the State could return the matter to the Court of Appeal. Lynn, found guilty of 10 of 21 theft counts in a second Dublin Circuit Criminal Court trial after a hung jury in 2022, is currently serving a five‑and‑a‑half‑year prison term. He intends to appeal the conviction and the sentence, with the appeal focusing on the construction of the sentence and release date issues. Michael Lynn pleaded not guilty.
In a case that began with an unprovoked street attack on April 17, 2022, Stefan Bornac, aged 21, assaulted Thomas Oliver and James Lightly on D'Olier Street, Dublin 2. Bornac struck Oliver with a forceful right‑hand blow to the temple, then repeatedly punched Lightly, knocking him to the ground before kicking him in the head. Oliver, a 25‑year‑old college student, was rendered unconscious, transported to St James' Hospital, intubated, and later transferred to Beaumont Hospital where he remained in a coma for three weeks. Lightly sustained injuries but survived. Bornac pleaded guilty to assault causing serious harm to Oliver and assault causing harm to Lightly, and was sentenced by the Dublin Circuit Criminal Court to four and a half years' imprisonment, with nine months suspended. He appealed the sentence, but after the Court of Appeal, led by Mr Justice George Birmingham, highlighted the "very serious violence" involved, Bornac withdrew his appeal, accepting the original sentence.
Alan Ward, 56, was convicted of murdering his wife Catherine Doyle, 41, on 1 March 2019 in their Clondalkin home. He had a long history of domestic violence and alcohol abuse, and in 2017 suffered a stroke that caused communication difficulties. Ward claimed diminished responsibility due to a mental disorder from the stroke, but the Court of Appeal rejected his appeal. The court noted that two experts disagreed on whether the stroke or intoxication better explained his actions. Ward's defence argued that the prosecution expert should not have weighed alcohol as a greater factor, a point the judge dismissed. The appeal was dismissed on all grounds, and Ward remains convicted of murder, with no change to his sentence. The court also upheld convictions for threatening to kill his son and for a prior assault on his wife.
In a High Court ruling, liquidators of the Irish‑registered aircraft leasing firms GTLK Europe DAC and GTLK Europe Capital DAC were granted declarations that the parent Russian state‑owned company, Joint Stock Company State Transport Leasing Company, had no legal right to claim ownership of the aircraft through alleged pledge agreements. The liquidators argued the agreements were void, unenforced, and unregistered, and were made during a period of chaos following sanctions on Russian entities. The High Court found the liquidators entitled to the declarations and that the parent's claim was flawed. The parent company appealed to the Court of Appeal, but the appeal was dismissed as an abuse of process because the parent had not appeared in the High Court proceedings. The Court of Appeal ordered costs in favour of the liquidators. The case concerns aircraft worth an estimated US$2 billion and the liquidation of the firms, described as the largest in Irish history.
The Court of Appeal rejected a 43‑year‑old man's appeal against his nine‑year sentence for raping a 15‑year‑old girl, arguing that a three‑month delay in the victim's reporting did not make the trial unfair. The victim, who was 15 at the time, met the man on the street on 21 August 2017, was taken to his rented accommodation, and was raped there. She later reported the crime to her teacher and Gardaí. The man pleaded not guilty to rape, sexual assault and false imprisonment, was convicted on the first two counts, and sentenced in December 2021. In his appeal he claimed the trial was unfair because of the delay and because blood on the mattress was not examined. The Court of Appeal found no merit in these arguments and upheld the conviction and sentence. The decision was delivered by Ms Justice Úna Ní Raifeartaigh.
A 33‑year‑old Limerick man who pleaded guilty to four counts of sexual assault on his 10‑year‑old cousin between 2010 and 2011 was sentenced to four and a half years in prison, with the final six months suspended, by Judge Catherine Staines in November 2022. He appealed, arguing that the headline sentence of six years was too severe and that mitigating factors had not been adequately considered. The Court of Appeal, led by Mr Justice Seamus Woulfe, dismissed the appeal, stating that the judge had correctly applied the sentencing range and had taken all mitigating factors into account. The court noted that the offences occurred in the family home while the victim's mothers were unaware, and that the man had entered a guilty plea and written an apology letter. The appeal was rejected, leaving the original sentence in place.
The Court of Appeal dismissed Dr Johnny Ryan's claim that the Data Protection Commission (DPC) had failed to investigate his 2018 complaint about Google's Real Time Bidding system. Ryan, a senior fellow of the Irish Council for Civil Liberties, alleged that Google's RTB system unlawfully processed large volumes of personal data for targeted advertising, breaching GDPR and the 2018 Data Protection Act. The High Court had ruled that the DPC was entitled to conduct its own inquiry into the alleged breach before addressing Ryan's complaint, a decision the DPC has pursued. Ryan argued the High Court erred in applying GDPR provisions and EU case law, but the Court of Appeal upheld the lower court's findings, finding no error in the High Court's decision to defer the complaint. The DPC maintains it opened an inquiry of its own volition in 2019 and will complete it before resuming Ryan's case. Google Ireland was a notice party to the proceedings.
The Court of Appeal has referred a case to the CJEU concerning a man who obtained Irish citizenship after entering a marriage of convenience with a non‑Irish EU national in 2010. He was granted a residence card in October 2010 and naturalised in 2016. In 2018 he divorced his wife, and a year later a third‑party non‑EEA national applied for residence on the basis of being the mother of his Irish‑citizen child. This triggered an investigation into the 2010 marriage. The Minister concluded that the marriage was a convenience, that the man had submitted false or misleading information to obtain residency, and that the status conferred under the EU directive was withdrawn from the outset. The man challenged the Minister's decisions in the High Court, which dismissed his appeal. He then appealed to the Court of Appeal, arguing that the 2015 Regulations did not give the Minister power to make such a determination.
The Court of Appeal dismissed a solicitor's appeal against a €30,000 aggravated damages award to an elderly widow, Marie Gibson, who was defrauded of her home by her daughter Pauline Gibson. The High Court had found that Pauline forged signatures and transferred the property to herself in 2003, then secured a €190,000 mortgage from First Active Building Society. Marie and her husband were not properly advised and were unaware of the transfer. The solicitor, Kevin O'Gorman, who represented both parties, was ordered to pay Marie €5,000 compensatory damages and €30,000 aggravated damages for negligence and active misdirection. The Court of Appeal confirmed no legal error in the High Court's decision and rejected the solicitor's appeal, noting the evidence supported the aggravated damages award. The case remains in the estate of the deceased plaintiff.
In a Court of Appeal decision on 14 June 2024, a 41‑year‑old woman and a 53‑year‑old man were confirmed to remain imprisoned for a combined 33 years after convictions for rape, sexual abuse and related offences against their five‑year‑old daughter and three‑and‑a‑half‑year‑old son. The convictions, originally handed down by the Central Criminal Court in November 2022, were upheld despite the appeal. Justice Tara Burns criticised the eight‑year delay between the children's 2016 interviews with specialist Gardaí and the 2022 trial, calling it "truly shocking" and urging all authorities involved in child sex cases to act more expeditiously. She rejected the appeal's arguments that the delay or the use of leading questions in the interviews should have precluded the trial, affirming that the interviews were admissible and that the children were competent witnesses. The appeal court therefore maintained the original sentences and the case remains in custody.
The State argued that the nine‑to‑15‑year sentences imposed on three family members in the Munster abuse trial were too lenient. The father (59) received 15 years for rape, sexual exploitation, assault and child cruelty; the mother (37) received nine years for assault, exploitation and cruelty; the uncle (51) received 15 years for rape, assault and exploitation. The offences occurred between August 2014 and April 2016 when the victims were aged five, six and seven. The State cited the "astonishing features" of the case and the headline sentences of 16 years for the father and uncle, arguing the court should have considered the seriousness at the top level. The judge noted the lack of mitigation despite no prior convictions, and the court was to reserve judgment. The children were taken into state care after the trial. The article reports the State's appeal before the Court of Appeal.
An army captain, Ross O'Shea, appealed his October 2022 conviction for sexually assaulting a female non‑commissioned officer at a Leinster barracks in June 2020. He argued that missing CCTV footage, which might have captured the incident, deprived him of a possible line of defence. The State countered that the footage could not add to the established facts and that the contested area was "vanishingly tiny." O'Shea was found guilty of moving his open palms up and down the woman's back and saying "come on, come on" at the Officer's Mess, and of one charge of assault under the Non‑Fatal Offences Against the Person Act 1997. He was dismissed from the army as part of the sentence. The Court of Appeal heard the appeal, with counsel highlighting discrepancies in prosecution evidence and the loss of potential CCTV, while the Director of Military Prosecutions maintained that the missing footage was irrelevant to the core facts. The court reserved judgment.
Clive Gargan, 48, an IT consultant, was jailed for 12 months after the Court of Appeal quashed a fully suspended three‑year sentence it deemed too lenient for failing to pay €180,623.51 in VAT over seven years. He had been charged with 84 VAT‑related offences, including 42 counts of failing to deliver VAT returns and 42 counts of failing to pay VAT within the statutory period between 2009 and 2016. Gargan entered guilty pleas to eight counts and had paid the sum due plus interest by the time of his original sentencing. The Court of Appeal, led by Ms Justice Isobel Kennedy, imposed a headline sentence of five years, reduced to three and a half years after mitigation, and suspended the final two and a half years, leaving one year in custody. The State had appealed the original suspended sentence, arguing that too much weight had been given to mitigating factors.
A man serving a life sentence for his role in the murder of Irene White in 2005 appeared before the Court of Appeal to report difficulties in advancing his appeal. Niall Power, aged 51, from Riverstown, County Louth, pleaded guilty to murder and was sentenced in 2019. He was described as "the middle man" in arranging the killing of the 43-year-old woman at her home in Dundalk on 6 April 2005. Power told the court he has been unable to secure legal representation despite approaching approximately twenty or thirty solicitors. Court president Mr Justice George Birmingham noted that many solicitors on the legal aid panel actively seek work and adjourned proceedings to 6 December. Power indicated he had already experienced a two-and-a-half year period without representation. Anthony Lambe, who carried out the fatal stabbing, received a life sentence in 2018 after pleading guilty to the same offence.
In a Court of Appeal hearing on 6 June 2024, the appeal of Josh Turner, aged 31, was dismissed. Turner had been convicted in 2017 of murdering Christopher Nevin, a 31‑year‑old man he had loaned a Chihuahua to breed, after a dispute over payment. The incident occurred on 19 November 2015 on Tailteann Road, Navan. Turner and his co‑accused, Wayne Cluskey, both carried hatchets to the scene. Turner struck Nevin with a hatchet several times, while Cluskey also struck Nevin. Turner claimed a loss of self‑control after Nevin threatened him, but the trial judge instructed the jury that a defence of provocation or self‑defence would only apply if the accused had a total loss of self‑control and was not acting in self‑defence. The appellate court found no error in the judge's directions and rejected all grounds of appeal. The case remains a murder conviction with a life sentence. Josh Turner pleaded not guilty.
In a Court of Appeal decision on 6 June 2024, Ms Justice Tara Burns rejected John O'Donoghue's application for legal costs after his convictions for assault causing serious harm and violent disorder were quashed. O'Donoghue, aged 55, had been convicted in November 2021 of attacking 74‑year‑old Willie O'Driscoll Sr with a machete and of violent disorder during a family dispute in Rathkeale. He had been sentenced to 10 years for the assault and a concurrent eight‑year term for the disorder, but after two years in custody he successfully appealed, arguing that Gardaí had failed to harvest vital CCTV footage and had withheld a garda notebook until the trial. The Court found that the lack of CCTV investigation deprived him of a realistic prospect of defence, yet it held that this failure did not create an obligation to pay his costs. John O'Donoghue pleaded not guilty.
The Court of Appeal rejected Helen Jones's appeal to quash her murder conviction on the basis that the wording of a search warrant was improper. Jones, 57, was convicted in December 2021 of murdering her 52‑year‑old brother Paul Jones on 4 September 2019. The conviction followed a month‑long trial at the Central Criminal Court in Cork, where a jury found her guilty and she was sentenced to life imprisonment by Mr Justice Michael MacGrath. The appeal argued that a search warrant issued on 10 September 2019 was unlawful because the detective Garda's oath did not use the exact wording required by law. The three‑judge panel, led by Ms Justice Úna Ní Raifeartaigh, held that the oath was sufficient, that the warrant was lawful, and that the absence of a contemporaneous record did not affect the case.
Karen Harrington, who argued that her privacy rights were breached during the investigation into the murder of two-year-old Santina Cawley, is to remain serving her life sentence after failing in a bid to have her conviction overturned at the Court of Appeal. Ms Justice Isobel Kennedy stated that the court has consistently held that individuals do not have an expectation of privacy while moving through public spaces. The CCTV footage from Clanrickarde Estate, which was central to the trial, was deemed relevant and admissible. Ms Justice Kennedy noted that no issue was raised at trial regarding the admissibility of memoranda of interview and that the defence had sought specific extracts of the footage to be played to the jury. The court dismissed the appeal, stating that the footage was harvested from commercial and private sources and did not concern the mass retention of data. The matter was adjourned and never described as concluded or finalised. Santina Cawley, who is to remain serving her life sentence after failing in a bid to have her conviction overturned, was the victim of the murder. Elaine O'Hara, who is an applicant in the case, has no charges, plea, finding, sentence or finalisation associated with her in this case.
The Court of Appeal has resentenced a serial burglar to five years imprisonment after finding his original sentence inadequate. Wayne O'Callaghan, aged 35, of Brooklodge Grove, Glanmire, Cork, had pleaded guilty to burglary and unauthorised taking of a motor vehicle. Justice Tara Burns determined that the original headline sentence of three years for burglary was "simply too low" and represented an error in principle. The court heard that O'Callaghan entered a property in Glanmire and stole car keys from a bedside locker whilst a 21-year-old woman slept in the room. He subsequently took her vehicle, which contained a laptop valued at €3,000. On the same occasion, CCTV footage showed him entering three neighbouring properties. Later that night, he entered another residential address where three family members were sleeping, stealing items including Apple watches, iPhones, and a purse containing €100. O'Callaghan, who has 68 previous convictions including 15 for burglary, was released from custody one week prior to today's hearing. The new sentence comprises two years for unauthorised taking, running concurrently.
Richard Walsh, of Congress Villas, Dungarvan, Waterford, appealed his jury conviction for assault causing harm at Kilrush Park, Dungarvan, on November 30, 2020. He was originally sentenced by Judge Eugene O'Kelly at Waterford Courthouse to two and a half years, with the final 12 months suspended. Defence counsel Giollaíosa Ó Lideadha SC argued that the trial judge incorrectly applied an objective standard to the reasonableness of force, contending that a subjective test regarding Walsh's honest belief in self-defence was required. Walsh alleged that after an organised fight, the victim threw an iron bar at his head, prompting him to push her in anticipation of further violence. Mr Justice John Edwards noted that Walsh was armed with the bar, was a stronger adult male, and had an opportunity to retreat. The judge described the incident as occurring after the victim, a supporter of one of the fighters, was "mouthing off" and throwing the bar, which Walsh picked up before advancing on her. Defence counsel also raised concerns about incomplete mobile phone footage and the inability to verify the recorder's identity or potential editing. State counsel Conor O'Doherty BL countered that the jury was properly directed to consider both subjective context and objective necessity, highlighting the significant size disparity between the boxer and the victim. The Court of Appeal reserved judgement in the matter.
The Court of Appeal has dismissed the convictions appeals of two men, a 30-year-old maternal uncle and a 51-year-old husband of the victims' aunt, who were jailed for 15 years each in January 2022 for the rape and exploitation of their child relatives. Both men, who pleaded not guilty to all charges, sought to overturn their verdicts based on a letter sent to trial judge Mr Justice McDermott by the jury foreman. Ms Justice Isobel Kennedy ruled that the trial judge had considered all issues with conspicuous care and attention, finding no error in his refusal to investigate the post-conviction letter or grant separate trials. The court also upheld the admissibility of notes used by the child victims during specialist interviews, deeming them permissible for vulnerable witnesses. The appellants were convicted of various sexual offences, including rape and sexual exploitation, following a 2021 trial where five family members were found guilty on most of 78 counts. While the conviction appeals failed, the court noted that both men now intend to appeal the severity of their 15-year sentences. Reporting restrictions regarding the specific nature of the abuse and the juror's letter remain in place to protect the identity of the three children.
A Roscommon farmer's appeal against his conviction for making a false statement to gardaí has been dismissed by the Court of Appeal. Gerard Harrington, of Marian Road, Boyle, was convicted in July 2021 at Tullamore Circuit Criminal Court of reporting ten cattle missing when they were located in a neighbouring farmer's shed. He had been fined €6,500 in October 2021. The Court of Appeal heard 34 grounds of appeal, including claims that oppressive trial conditions and jury seating arrangements during Covid restrictions warranted a retrial. Mr Justice John Edwards rejected these submissions, finding the prosecution case had been sufficiently strong for jury consideration and that the trial judge had appropriately managed evidentiary issues. The court concluded the trial was satisfactory and the verdict was safe, upholding Harrington's conviction.
In a Court of Appeal hearing on 14 May 2024, a 58‑year‑old man, whose name is withheld to protect his nine‑year‑old daughter, argued that the failure to disclose a family WhatsApp conversation during his 2022 Central Criminal Court trial made his 14‑year jail sentence for 11 offences—including rape, sexual assault and threatening to kill—unsafe. His counsel, Garnet Orange SC, claimed the trial judge erred by refusing to stop the trial after the prosecution's case and by not ordering immediate disclosure of WhatsApp or Viber messages that later emerged during cross‑examination of a family member. He also argued the judge should have allowed cross‑examination of the victim's medical examination and issued a corroboration warning. The State, represented by Lorcan Staines SC, rejected these grounds, stating the WhatsApp evidence was "news to everyone" and that no disclosure order was needed. The unnamed 58-year-old was convicted.
A 40-year-old man from Leitrim Street, Cork City, has had his prison sentence increased by two years following an appeal by the Director of Public Prosecutions. David Long pleaded guilty to assault causing harm, burglary, and producing a hatchet during an attack on Middle Glanmire Road on January 18th, 2022. The Court of Appeal found the original six-year sentence, with the final year suspended, to be unduly lenient. Long's victim sustained a fractured skull, broken teeth, and facial fractures during the assault. The appellate court, presided over by Mr Justice George Birmingham, noted Long's significant criminal history, including previous convictions for aggravated burglary and robbery. The court determined that excessive mitigation had been granted at first instance. Long has been re-sentenced to eight years' imprisonment with the final twelve months suspended. His then-girlfriend received a three-year sentence with the final six months suspended for her involvement in the targeted attack.
In a Court of Appeal decision on 14 May 2024, a 36‑year‑old man convicted of assault, false imprisonment, and threatening to kill his former partner had his original two‑year sentence increased to three years and six months, with the final six months suspended for 18 months. The appeal was brought by the Director of Public Prosecutions, who argued the original sentence was too lenient, particularly regarding the false imprisonment and domestic setting. The appellate judges agreed, substituting a longer term and suspending the final six months. The case stemmed from a 2019 incident in which the defendant, while not in a relationship with the victim at the time, punched her, threatened her with a bottle, and held her in his home. He was also found not guilty of four rape counts and the jury could not agree on the remaining charges.
The Court of Appeal refused to quash the acquittal of a 75‑year‑old Catholic priest who faced 13 counts of gross indecency for alleged abuse of a teenage boy between 1977 and 1979. The priest was acquitted on 28 April 2023 after the trial judge, Pauline Codd, directed a not‑guilty verdict following the complainant's direct evidence. Justice Birmingham, with Justices Kennedy and Burns, found that the defence's application for a directed acquittal was unjustified and misconceived, and that the trial judge had erred in granting it. The Court held that the interests of justice did not warrant quashing the acquittal or ordering a retrial, and therefore upheld the acquittal. The case involved the complainant's testimony about early encounters with the priest, the lack of specific dates, and the prosecution's failure to clarify the timeline of alleged offences. The Court noted that the prosecution counsel had acted properly and that the defence counsel's submissions were inaccurate.
Paul Dundon, 39, received a fully suspended sentence of three years and three months for biting part of Dean Kelly's ear off during a vicious fight outside a Waterford nightclub on 27 June 2018. The Court of Appeal upheld the judge's decision to suspend the entire sentence, noting Dundon's nine prior convictions and a later fully suspended sentence for a separate incident. The appeal argued the sentence was unduly lenient, citing the permanent disfigurement of Kelly's ear and Dundon's late guilty plea. The court found the judge had correctly weighed mitigation factors such as Dundon's remorse, apology letter, fatherhood, good work history, low reoffending risk and counselling attendance. The appeal was dismissed, with the court affirming the suspended sentence was not unduly lenient despite the brutal nature of the assault.
Lisa Smith, a 42‑year‑old former soldier from Dundalk, Co. Louth, is preparing to file appeal submissions against her conviction for membership of the terrorist group Islamic State. The appeal will be heard on the Court of Appeal list scheduled for July 22. Smith was first convicted in 2022 by the Special Criminal Court for travelling to Syria in 2015 and joining ISIS, and was sentenced to 15 months' imprisonment. She pleaded not guilty to the offence of membership of an unlawful terrorist group between 28 October 2015 and 1 December 2019. The Court of Appeal rejected her earlier bid to overturn the sentence, finding the trial judges had acted fairly and with appropriate regard to the evidence. Smith's lawyers now seek to appeal the conviction itself. The court noted that her travel to Syria was an overt expression of support for ISIS, a group that challenges democratic values and commits crimes against humanity.
In a Court of Appeal hearing on 9 May 2024, Justice Úna Ni Raifeartaigh quashed the original four‑year sentence given to Dean Dullaghan (25) for a 2020 machete attack on a 16‑year‑old in his home. The appellate judge set a headline sentence of ten years, then imposed a custodial term of eight and a half years with the final two and a half years suspended, meaning Dullaghan will serve six years in prison. The case involved a violent burglary at Castleross, Dundalk, where Dullaghan caused permanent damage to the victim's right hand. The State had objected that the initial eight‑year headline was too lenient, citing Dullaghan's age and the severity of the offence. The appeal concluded with Dullaghan entering a bond to keep the peace and engage with probation services. Dean Dullaghan was convicted.
A 58‑year‑old Corkman was convicted by a jury at the Central Criminal Court in March 2022 of 61 counts, including two rapes of his then partner and 52 sexual assaults of her, plus four assaults and one rape of her son aged nine to eleven, and two cruelty charges against the children. He was sentenced to 12 years' imprisonment and ordered 12 months of post‑release supervision. In August 2022 he appealed, arguing that the trial judge erred by admitting a photograph of the victim's bruises, by refusing to discharge the jury after a witness's testimony, and by allowing a re‑examination of a witness. In March 2024 the Court of Appeal, led by Mr Justice John Edwards, rejected all existing grounds of appeal and refused to add new ones, finding the photographic evidence properly admitted, the jury properly instructed to disregard inadmissible evidence, and the re‑examination appropriate. The unnamed 58-year-old pleaded not guilty.
The Court of Appeal has ruled that a fully suspended sentence imposed on Dylan Clements for drug possession was unduly lenient. Clements, a 29-year-old man from Finglas, pleaded guilty on March 2, 2023, to one count of possession of drugs for sale or supply under Section 15A of the Misuse of Drugs Act. He was sentenced by Judge Martin Nolan at Dublin Circuit Criminal Court the following day to three and a half years, which was fully suspended. The remaining four counts on the indictment were taken into consideration. The Director of Public Prosecutions appealed, arguing the sentencing judge failed to adequately weigh the gravity of the offence, the presumptive mandatory minimum sentence, and the combined market value of the seized cocaine and cannabis, which exceeded €28,000. The DPP contended that no wholly exceptional circumstances existed to justify full suspension. Defence counsel argued there was no error in law and that the judge was entitled to consider Clements' lack of prior convictions and cooperation. The three-judge panel, led by Mr Justice Patrick McCarthy, found that the trial judge erred by failing to apply recent case law and that the sentence was unduly lenient without evidence of extraordinary special circumstances. The court ordered that a probation report be prepared and adjourned the matter to July 23, when it will proceed to quash the original sentence and resentence the respondent.