In April 2024 the Court of Appeal reimposed a penalty on Dutch skipper Klass Dirk Meijvogel after quashing a previous order that had confiscated his catch and fishing gear worth almost €400,000. Meijvogel, 43, had been convicted in 2015 of a single technical fishing offence while captaining the Wiron 5 in Irish waters. The original confiscation, which seized €344,960 of catch and €55,000 of gear, was deemed potentially disproportionate by the appeal court. The court found that the offence was a moderate‑level breach of Irish maritime law, that the harm was minor but the potential for great harm existed, and that the penalty needed to be effective, proportionate and dissuasive. Consequently, the Court of Appeal reinstated a fine of €500 and the same confiscation order for the catch and gear, stating the sanction was appropriate and not disproportionate to Meijvogel's role as master of a fishing vessel. Klass Dirk Meijvogel pleaded not guilty.
The Court of Appeal has re-sentenced Alan Melia, finding his original prison term unduly lenient. Melia, of Ballyfermot, Dublin, had previously pleaded guilty to robbery at the Applegreen filling station in Northern Ireland, along with endangerment, dangerous driving, and criminal damage on the M1 in Louth, all occurring on August 23, 2020. In January 2023, Judge Patrick Quinn at Dundalk Courthouse set a headline sentence of six years, which was reduced to four years with two years suspended. Acting for the State, Simon Matthews BL appealed this decision, arguing the sentence was significantly too low given Melia's 92 previous convictions and the severity of the offences, including reversing into a garda vehicle and driving the wrong way down the motorway. Defence counsel Keith Spencer BL highlighted mitigation factors, including an early guilty plea and a difficult upbringing. Mr Justice Birmingham agreed the original sentence was unduly lenient to a significant extent. He determined that the headline sentence could not be less than ten years but reduced it to seven and a half years, taking into account Melia's guilty plea and his cooperation in consenting to have the robbery dealt with in this jurisdiction. The final year of the sentence was suspended for 12 months.
Albert Tucker, 67, from Rockford Park, Blackrock, Dublin, was convicted in May 2022 of 30 indecent assaults on his sister‑in‑law, Ms Aileen Ryan Wright, who was 11 when the abuse began. The assaults took place in the late 1970s and early 1980s. A jury trial at the Central Criminal Court led to a four‑year sentence, but in February 2024 the Court of Appeal quashed three convictions due to insufficient evidence and addressed a procedural mishap involving the jury's verdicts. On appeal, Michael Bowman SC argued that Tucker's age, lack of prior convictions and medical issues—including spinal surgery in 2018—should have been considered. In April 2024, Mr Justice George Birmingham reduced the sentence by suspending the final six months, citing Tucker's colorectal cancer treatment and concern about recurrence. Tucker will remain on the sex offenders register after release.
In a Court of Appeal hearing on 24 April 2024, the appeal of Samy Taib, aged 22, was dismissed. Taib had been sentenced to five years' imprisonment with 12 months suspended, after pleading guilty to assault, coercive control, endangerment and dangerous driving. The Court upheld the four‑year sentence for the coercive control offence and the three‑year sentence for the driving offence, after the judge had reduced the headline sentences from five to four years and from four to three years respectively, citing Taib's undiagnosed paranoid schizophrenia. The judge noted that Taib's mental disorder was likely present for some time but that the seriousness of the violence—choking, punching, biting and driving over his former partner's leg—required a substantial sentence. The Court found the reductions within the judge's discretion and rejected the appeal. The final sentence remained five years' imprisonment with one year suspended.
Cameron Curtis, aged 20, was sentenced to 18 months for assaulting his girlfriend Alannah Corrigan, but the Court of Appeal quashed that sentence and imposed a four‑year term, back‑dated to September 2022. The court found the original sentence too lenient for the seriousness of the offences, which included false imprisonment, repeated physical assaults, threats of death, and the use of a knife. Curtis had pleaded guilty to seven counts of assault causing harm and one count of false imprisonment. He was released after six months and has engaged positively with probation services, remains in a relationship with Corrigan, and has shown commitment to rehabilitation. The court therefore suspended the additional portion of the sentence, which will be in effect until September 2026, while Curtis remains under supervision and has not committed further incidents.
A 43‑year‑old former GAA coach was resentenced by the Court of Appeal to 14 years and six months' imprisonment, with the final 18 months suspended, after the original nine‑year term was deemed too lenient. The judge cited the "global seriousness" of the offender's repeated sexual offences, physical abuse and a three‑year harassment campaign. The case involved the coach's sexual assault of a boy who was 12 when the abuse began, including oral rape, attempted anal rape, false imprisonment and assault. The coach had also abused the victim physically, beat him, and continued to harass him after the abuse stopped in 2006, sending threatening messages. The new sentence is to run concurrently with the earlier 10.5‑year term imposed by the Central Criminal Court, with the suspended portion conditional on probation. The judge described the conduct as "unusual, shocking and extremely disturbing.". The unnamed boy pleaded guilty.
The Court of Appeal has reserved judgment on an application by John Dundon to adduce fresh evidence in his appeal against his conviction for the murder of Shane Geoghegan. Dundon, 41, formerly of Hyde Road in Limerick, was convicted at the Special Criminal Court in 2013 of ordering the hit that resulted in Geoghegan's death in 2008. He is serving a mandatory life sentence. Counsel Dominic McGinn SC argued that a recorded phone conversation between witnesses Lisa Collins and Christopher McCarthy, which discussed ensuring Dundon received a sentence for an offence carrying a greater penalty such as murder, was omitted from the trial record. McGinn contended this evidence raised concerns about the witnesses' credibility and the fairness of the trial. The Director of Public Prosecutions, represented by Sean Guerin SC, countered that Dundon was not entitled to rely on a disadvantage caused by his decision to sack his lawyers on the first day of the trial. Guerin noted that Ms Collins had previously been threatened by Dundon, resulting in him receiving a prison sentence, and that the phone call actually supported the prosecution case by demonstrating the witnesses' fear. The court, comprising Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, reserved judgment on the application. Separately, Barry Doyle, 38, last of Portland Row in Dublin 1, was found guilty of murdering Mr Geoghegan by a jury at the Central Criminal Court and was given the mandatory life sentence by Mr Justice Garrett Sheehan on February 16, 2012.
Judge Sarah Berkeley, while sentencing a 28‑year‑old Dublin man who sexually assaulted his younger cousin over four years, expressed concern that recent legislation offers no guidance for sentencing judges on how long a convicted person should remain on the sex offenders' register. The defendant, convicted of ten counts of sexual assault committed between 2008 and 2011 when he was 13‑17 and the victim was 6‑10, was sentenced to five and a half years' imprisonment, back‑dated to his entry into custody. Judge Berkeley directed that he be placed on the register for two and a half years, noting his lack of prior convictions and that he had not attracted recent Garda attention. She suggested the Court of Appeal might consider this absence of guidance for sentencing judges. The judge also granted an application to extend legal aid for an appeal.
In April 2024 the Court of Appeal upheld the conviction of Feri Anghel, 44, a Romanian national, for the murder of Ioan Artene Bob, 49, who was found dead in a Dublin park after being beaten. The appeal was dismissed because the court found Anghel's submissions lacked reality. The judge noted that the evidence, including extensive CCTV footage and DNA from a cigarette butt, was sufficient for the jury to convict. Anghel had claimed a lack of evidence and privacy violations, but the court found no basis for these claims. The appeal was rejected on all grounds, meaning Anghel will remain in custody under the mandatory life sentence imposed by the Central Criminal Court in 2022. The case remains at the appellate stage, with no further legal action reported. Feri Anghel pleaded not guilty.
Jozef Puska, aged 33, has been granted legal aid to appeal his conviction for the murder of school teacher Ashling Murphy. The Court of Appeal approved legal aid for all 20 applications presented that morning, and Puska will receive the same representation he had at the Central Criminal Court: a solicitor, senior counsel and two junior counsel. His trial concluded with a unanimous jury verdict after he was found to have stabbed Ms Murphy eleven times in the neck and slashed her once with a blade, leaving her to die in the thorns beside the canal towpath. Puska's defence argued that his confession to the Gardaí, made two days after the stabbing while he was under the influence of oxycodone and recovering from abdominal surgery, was involuntary, and objected to the prosecution's use of CCTV footage showing him stalking two women in Tullamore town centre before heading to the canal. Jozef Puska pleaded not guilty. Ashling Murphy pleaded not guilty.
The Court of Appeal quashed the original custodial sentence imposed on a 38‑year‑old mother who had been jailed for one year on five counts of cruelty to her children aged 11 to four. She had pleaded guilty and received a two‑year sentence with the final 12 months suspended. The appeal argued that the trial judge had not fully considered her rehabilitation efforts, citing her completion of educational courses, a 12‑week alcohol treatment programme, and ongoing counselling. The Court of Appeal agreed, finding the trial judge had made an error in principle regarding the custodial element. The new sentence is a fully suspended two‑year term, effective from the date of the appeal, taking into account time already served. The children remain in care and the mother meets them bi‑weekly. The case was heard by Justice Tara Burns, with counsel for the State and the appellant present.
Daniel Murtagh, aged 34 when sentenced, withdrew his appeal against a murder conviction for the death of his former partner Nadine Lott, who was 30. The Court of Appeal heard the withdrawal request and granted it without any submissions. Murtagh was found guilty of murder after a two‑day trial at the Central Criminal Court, where the jury rejected his intoxication defence and accepted the prosecution's case that he had formed the intent to kill. He received a mandatory life sentence in October 2021. The trial described how Murtagh beat Lott to the point of being "completely unrecognisable", leaving her with "extreme and grotesque" injuries that caused her death on 17 December 2019. No further appeal was pursued. Daniel Murtagh pleaded not guilty.
In a Court of Appeal hearing on 12 April 2024, former solicitor Michael Lynn, aged 55, was granted a change of legal representation to John P O'Donohoe but the court reserved its decision on legal aid pending a statement of his financial means to the Director of Public Prosecutions. Lynn, who is serving a five‑and‑a‑half‑year prison sentence for stealing just over €18 million from six financial institutions during the Celtic Tiger era, must provide this statement before legal aid for his appeal can be granted. The court noted that if any issue arises, it should be notified. Lynn was found guilty of 10 of 21 counts of theft in a Dublin Circuit Criminal Court trial last year; the remaining 11 counts were dropped after the jury could not agree. Michael Lynn pleaded not guilty.
The Court of Appeal has granted the Garda Síochána Ombudsman Commission (GSOC) access to audio recordings of a disturbance during a March 7, 2023, hearing involving Enoch Burke. Mr Justice John Edwards, delivering the judgment, stated that disruptive conduct by attendees constituted part of the court proceedings and that the recordings serve as a contemporaneous record. The court rejected Enoch Burke's arguments that releasing the files would breach his privacy rights or constitute covert surveillance, noting he provided no evidence of private conversations. GSOC is investigating alleged assault causing harm by gardai, following complaints from Simeon Burke and Ammi Burke regarding their treatment during the incident. Simeon Burke was previously convicted of a Public Order Act offence for threatening and abusive behavior near the Four Courts. The court emphasized that the expectation of respectful conduct extends to the environs of the building before and after judges arrive. Mr Justice Edwards dismissed Burke's claims as emotive, asserting that those who disrupt proceedings have no expectation of privacy. The court also granted Mr Burke access to the ambient recordings released to GSOC. The decision underscores the court's power to control its processes and ensure decorum, describing the administration of justice as a solemn process fundamental to the rule of law.
Sandra Kavanagh, 48, avoided jail after colliding with motorcyclist Nebojsa Sarcevic, 29, on the M50 in November 2019, which caused his death. She had previously been convicted of road traffic offences. The trial judge initially imposed a one‑year driving disqualification, but the defence and prosecution mistakenly informed the judge that a mandatory four‑year ban applied. The Court of Appeal quashed the four‑year ban and replaced it with a two‑year ban, while an eight‑month fully suspended sentence remained on her record. Kavanagh pleaded guilty to careless driving causing death, was not speeding, had no drugs or alcohol, and was not using her mobile phone. The judge noted her remorse and the tragic nature of the incident. The case was heard at the Dublin Circuit Criminal Court in July 2022.
Two men, uncles of the victims, were jailed for 15 years each in the Munster abuse trial for raping, abusing and exploiting their niece and two nephews. Their convictions were appealed on the basis of a letter sent by a juror to the trial judge. The Court of Appeal heard the two‑day appeal and reserved its ruling on both cases. The appeal argued that the juror's letter could have tainted the verdicts and that the men should have been tried separately due to prejudicial evidence. The State maintained that the jury deliberated in privacy and that the letter did not raise any doubt about the validity of the verdicts. The Court of Appeal has not yet decided the appeals, which will continue at the three‑judge court. The trial was held at Croke Park in summer 2021, and the men were found guilty on most of the 78 counts against them.
Over fifteen years after the mistaken‑identity murder of rugby player Shane Geoghegan, John Dundon, who ordered the hit, has been assigned a new legal team and will have his appeal against his 2013 murder conviction heard on 22 April 2024. Dundon had previously dismissed his lawyers, claiming they had failed to raise a new ground of appeal that he said had been identified recently. The Court of Appeal granted the withdrawal of his former counsel and allowed solicitor Phelim O'Neill, of Morgan Shelley, to take over. Dundon was also granted free legal aid for the new team. The judges set a strict timetable: motions for new grounds and affidavits must be filed a week before the hearing, and any documents to the State must be served in time for the State to respond. The appeal will proceed on 22 April, "come what may," with no further adjournments expected unless exceptional circumstances arise.
In March 2024 the Court of Appeal found that the two‑and‑a‑half‑year sentence given to John Lindsay, a 48‑year‑old "trusted operative" involved in a €1.2 million heroin exchange, was too lenient. Lindsay had pleaded guilty to possession of drugs for sale and supply in March 2023, and at sentencing he was said to have been acting in a warehousing and delivery capacity to reduce a €20 000 drug debt. Gardaí had tracked his movements, and dash‑cam footage showed him handing a co‑accused a bag that later contained €831 000 of heroin, with an additional €420 000 seized at his home. The State appealed on the grounds of undue leniency. The Court of Appeal quashed the original sentence, increased the headline sentence to 10 years, and, after a four‑year deduction for mitigating factors, suspended the final two years, citing Lindsay's family commitments, charitable work, and rehabilitation progress in prison.
The Court of Appeal has quashed the original sentence of Edward 'Blondie' Stokes, increasing his prison term by four years. Stokes, 33, of Ferriskill, Granard, Co Longford, had previously pleaded not guilty to all counts but was found guilty by a unanimous jury after a nine-day trial. In January last year, Judge Kenneth Connolly sentenced him to three years for violent disorder, with the final six months suspended for 12 months. He also received concurrent sentences of two years and three months for endangerment and 18 months for the production of an article. The State successfully appealed on grounds of undue leniency. The Court of Appeal, led by Mr Justice Patrick McCarthy, determined that the original headline sentence was incorrect given the aggravating factors, including the use of a shillelagh and the premeditated nature of the attack. The court set an appropriate headline sentence of eight years for violent disorder. After accounting for modest mitigation, Stokes was sentenced to seven years' imprisonment, with the final six months suspended. He must serve six-and-a-half years in jail. The other concurrent sentences remain as originally imposed.
John Dundon, convicted in 2013 of ordering the murder of Shane Geoghegan, is currently appealing his conviction. The Court of Appeal granted an application for Dundon's lawyers to withdraw from the case. Dundon told the court he discharged his legal team after claiming they failed to properly advance a new ground of appeal regarding undisclosed trial evidence. The Director of Public Prosecutions accused Dundon of a "cynical ploy," noting similar tactics were rejected by the Special Criminal Court and High Court during his 2013 trial. The DPP stated that disclosure was carried out in full and expressed anxiety to conclude the matter, citing the victim's mother's desire for an end to the proceedings. The presiding judge, Mr Justice John Edwards, granted an adjournment but warned that Dundon must instruct new lawyers immediately, with all paperwork completed by April 8. The appeal hearing is scheduled for April 22, and the court stated it would not entertain further adjournment applications barring exceptional circumstances. Dundon, who is serving a life sentence, was found guilty at the Special Criminal Court of ordering the hit that killed Geoghegan in a case of mistaken identity. Gunman Barry Doyle, who admitted shooting Geoghegan during garda interviews, later pleaded not guilty at trial. He was found guilty by a jury at the Central Criminal Court and sentenced to life imprisonment in 2012.
Eugene Hanratty Snr, 65, of Crossmaglen, Co Armagh, will remain in custody after the Court of Appeal dismissed his appeals against conviction and sentence. He was convicted by a jury in October 2022 of assault causing harm to neighbour Martin McAllister in November 2012, an incident that left Mr McAllister with multiple broken facial bones and permanent loss of peripheral vision. Hanratty Snr, who pleaded not guilty, had been sentenced to three years' imprisonment, comprising a headline sentence of five years reduced by one year in mitigation and a further year suspended. Mr Justice Birmingham, presiding over the appeal, stated the headline sentence was "entirely understandable" and the mitigation "generous," finding no basis to deem the sentence unduly severe. The court also rejected the defence argument that the trial judge erred by treating the lack of a guilty plea as an aggravating factor, noting this is deeply embedded in jurisprudence. Additionally, the court deprecated the "developing practice" of defence applications to withdraw cases from juries as a matter of course, affirming the trial judge was correct to refuse such an application. The appeals were dismissed, leaving the original conviction and sentence intact.
In an appeal-stage report, Judge Pauline Codd sentenced a 16-year-old boy to a three-year period of detention for violent disorder and a concurrent two-year period for assault causing harm. The boy pleaded guilty to these charges following an unprovoked attack on four English tourists in Dublin's Temple Bar in August 2023. Prosecution evidence alleged the teenager punched a victim, dragged another to the ground, and stamped on the head of a third man who was already on the ground. The court heard the defendant has 18 previous convictions, including six for assault causing harm. While imposing the sentences, Judge Codd stated that if the offender were an adult, she would have imposed six years for violent disorder and four years for assault causing harm. She directed that the boy receive credit for time already in custody on a separate matter. The judge also highlighted a legislative gap, noting that supervision orders for juveniles become unenforceable once they turn 18, leaving the court's hands "effectively tied." She urged the Oireachtas to address this issue urgently and suggested the Office of the Director of Public Prosecutions take it up. Defence counsel noted the boy was in State care, diagnosed with ADHD and Oppositional Defiant Disorder, and had been clean from cannabis. The matter was not adjourned; the sentences were handed down.
At the appeal stage of the case, Michael Murray, a convicted rapist and child abductor serving a combined 35-year sentence in the Midlands Prison, was found guilty of one count of knowingly making a false report giving rise to an apprehension for the safety of someone else while he was imprisoned in the Midlands Prison, Portlaoise on March 7, 2021. Murray had pleaded not guilty to the charge, but was convicted by a jury in Dublin Circuit Criminal Court following an eight-day trial. Judge Patricia Ryan imposed a two-year prison sentence to run consecutively to the sentence he is currently serving. The court heard that an anonymous caller phoned the Samaritans claiming to be from the Irish National Liberation Army (INLA) and said explosives had been planted at the home of Minister for Justice Helen McEntee. The call was traced back to Murray's cell in the Midlands Prison. Murray admitted making a call to the Samaritans but denied making the threat. He also stated that he had a 'gripe' with Fine Gael and the Minister for Justice. The matter was adjourned for further proceedings.
At a sentence hearing in the appeal stage, Michael Murray, a convicted rapist and child abductor serving a combined 35-year sentence in the Midlands Prison, stated he does not accept the jury's verdict of guilt on a charge of knowingly making a false report giving rise to an apprehension for the safety of someone else while he was imprisoned in the Midlands Prison, Portlaoise on March 7, 2021. Murray had pleaded not guilty to the charge and was found guilty by a jury in a trial earlier this month. The charge relates to a bomb threat made against the home of Minister for Justice Helen McEntee. The case was adjourned for finalisation until March 19. Murray was excluded from his July 2021 sentence hearing and moved to another courtroom after he threw a bible, narrowly missing Judge Karen O'Connor. The matter was adjourned and never described as concluded or finalised.
Mr Justice George Birmingham, President of the Court of Appeal, announced his retirement at the end of July after a long career that included service as a High Court judge from 2007, a Fine Gael TD for Dublin North Central from 1981 to 1989, and a Minister of State from 1982 to 1987. He was called to the bar in 1976. Tributes were paid by colleagues, including Mr Justice John Edwards, who described him as a caring, supportive, and people‑oriented judge who had a special affection for Cork and Munster. Judge Helen Boyle highlighted his pioneering work on child sexual abuse investigations in the Catholic Church. Birmingham noted his personal connection to Cork and Munster through his grandparents' origins and thanked everyone for their kind words before concluding his remarks with a modest, humorous note. The Court of Appeal sat at Anglesea Courthouse in Cork City during the announcement.
Ian Horgan, a convicted rapist and killer, had his jail term increased from eight and a half years to 11 years and three months by the Court of Appeal for the assault causing serious harm on Hassan Baker. The appeal considered video evidence of the hammer attack on March 26, 2022, at McCurtain Villas, Cork, where Horgan used a claw‑hammer to strike Baker, choke him, and then continue striking him, causing severe injuries. Horgan also attacked Baker's mother, Mary O'Callaghan, breaking her wrist. The Court of Appeal found the original sentence too lenient, citing Horgan's history of violence and the extreme nature of the attack, and imposed the increased term with no portion suspended. The assault causing harm sentence for O'Callaghan was not altered. The decision was based on the evidence presented in the appeal hearing. Ian Horgan pleaded guilty.
In a Court of Appeal hearing, the State argued that the nine‑year jail term imposed on a 43‑year‑old former GAA coach was too lenient for the extensive sexual and physical abuse he inflicted on a boy from age 13 to 15. The coach had pleaded guilty to attempted rape, seven counts of anal rape, four counts of sexual assault, two counts of assault causing harm and one of harassment, with offences occurring between 2004 and 2010 at his home, a sports ground and a Dublin hotel. The original sentencing court had given 10½ years, with the final 18 months suspended. The State highlighted the victim's "continuum" of abuse, grooming, physical violence and later phone harassment, claiming the nine‑year sentence did not reflect the destruction of the boy's life. The defense maintained that the judge had applied a 2½‑year reduction for a significant guilty plea and that the suspended period was necessary for reintegration.
Patrick Shanahan, 77, a pensioner from Co Limerick, was convicted in August 2022 of 14 counts of sexually assaulting his two granddaughters, Daria and Tara Tobin, when they were aged 10 to 14 in 2010 and 2014. He received an 11‑year jail term, with the final two years suspended, after a unanimous jury verdict. Shanahan appealed to the Court of Appeal in Cork, arguing that the sentencing judge had wrongly treated his refusal to accept the jury's verdict as an aggravating factor. The Court of Appeal, led by Ms Justice Úna Ní Raifeartaigh, rejected the appeal, finding no error in the judge's remarks. The court noted the seriousness of the repeated assaults, the vulnerability of the victims, and the lack of mitigating factors, and upheld the original sentence. The appeal was dismissed for severity of sentence. Patrick Shanahan pleaded not guilty.
Two men, aged 29 and 28, were convicted of gang‑rape of a 14‑year‑old girl who was comatose with alcohol on 22 April 2017. They were sentenced to 11 years in prison each, with a headline sentence of 13 years. The men appealed, arguing the headline was too high and that insufficient discount had been applied for mitigating factors. The Court of Appeal in Cork dismissed the appeal, confirming the 13‑year headline and the 11‑year custodial term. The judge said the case involved a high level of degradation and that the victim was vulnerable. The men had denied the offences and had no guilty plea. The appeal was rejected, and the men must serve the full sentences. The complainant remains traumatised by the assault.
At the appeal stage, Michael Murray, a convicted rapist and child abductor, was found guilty by a jury of making a bomb threat against the home of Minister for Justice Helen McEntee. Murray, who is serving a 19-year sentence in the Midlands Prison, had pleaded not guilty to one count of knowingly making a false report giving rise to an apprehension for the safety of someone else while he was imprisoned in the Midlands Prison, Portlaoise on March 7, 2021. The jury returned the verdict after deliberating for five hours and 10 minutes. Murray made no reaction as the verdict was handed down in court. Judge Patricia Ryan thanked the jurors for their service and adjourned the matter for sentencing next Friday. She remanded Murray in continuing custody. During the trial, it was established that the call to the Samaritans was traced back to Murray's cell, and his unique identification number was used. Murray had previously been jailed in 2013 for 15 years for falsely imprisoning, raping, and sexually assaulting a woman, with his sentence later increased to 19 years by the Court of Appeal. He has 34 previous convictions, including for common assault, carrying firearms, robbery, and aggravated burglary. Murray was excluded from his July 2021 sentence hearing and moved to another courtroom after he threw a bible, narrowly missing Judge Karen O'Connor. She described his actions as 'a fundamental attack on our system of justice.' The matter was adjourned for sentencing next Friday.
Andrew Lacey, a 35‑year‑old father of five, was convicted of manslaughter for stabbing Derek Reddin to death on 14/15 October 2019 after an altercation on Loughlinstown Drive. The original sentence of seven and a half years with 18 months suspended was increased by the Court of Appeal to six years and nine months with no portion suspended. The appeal court found that the trial judge, Ms Justice Mary Ellen Ring, had given too much weight to the difficulties faced by Lacey's children, describing them as "innocent victims" and citing reports of educational issues. The Court of Appeal held that these circumstances were not central to the sentencing hearing and quashed the suspended portion, imposing the new term. The decision was made by a three‑judge panel, including Mr Justice George Birmingham, who noted that the suspended portion had no evidential basis in this case.
Dan Horan, a 32‑year‑old panto performer from Wicklow, pleaded guilty in July 2023 to sexually assaulting a 26‑year‑old man at a house party in Naas in July 2020. The victim had fallen asleep after receiving cannabis from Horan. Horan was found to be rubbing the victim's penis while the victim's girlfriend discovered the assault at about 6 am, leading to the victim's distress. In February 2024 Judge Mary O'Malley Costello sentenced Horan to four‑and‑a‑half years' imprisonment, with the final 18 months suspended for two years. Horan appealed, arguing the headline sentence of six‑and‑a‑half years was too high. The Court of Appeal quashed the original sentence, re‑sentencing Horan to a headline of four‑and‑a‑half years, discounting 18 months, and suspending an additional 18 months to encourage rehabilitation.
Alan Ward, 56, was convicted of murdering his wife Catherine Doyle, 41, by stabbing her on 1 March 2019. He pleaded diminished responsibility, claiming a stroke in 2017 had caused a mental disorder. At trial, the State's psychiatrist, Dr Damian Smith, referenced Ward's history of violence and argued alcohol intoxication was the likely cause of the murder, while the defence psychiatrist, Dr Paul O'Connell, acknowledged a brain injury and PTSD but declined to opine on the ultimate issue of diminished responsibility. Ward's appeal argues that Dr Smith should not have been allowed to give opinion evidence on the ultimate issue, as this should be decided by the jury. The Court of Appeal will reserve judgment on the appeal. The article reports the trial facts and the appeal's legal contentions but does not state any outcome of the appeal.
Vesel Jahiri, 43, was convicted of murdering Anna Finnegan, 25, and stabbing her brother Karl in 2012. He was sentenced to life imprisonment in 2017 after a jury found him guilty of both murders. Jahiri represented himself at the Court of Appeal, where he submitted a range of allegations, including claims that Gardaí conspired to manufacture evidence, that CCTV footage had been tampered with, and that he was denied the right to inspect the murder weapon. The three‑judge panel found his submissions to be inadmissible hearsay, unsupported assertions, and irrelevant material. They dismissed all grounds of appeal, stating that the trial judge had acted correctly and that Jahiri's claims had no evidential foundation. Jahiri, who appeared by videolink from Midlands Prison, said he would appeal to the Supreme Court. Vesel Jahiri pleaded not guilty.
In February 2024 the Court of Appeal quashed the acquittals of Jamie Berry (28) and Stephen Mulvey (32) in the attempted murder of a 17‑year‑old Dublin teenager. The original trial judge, Ms Justice Eileen Creedon, had directed a jury to find both men not guilty due to insufficient evidence. The appeal court, led by Mr Justice George Birmingham, held that the prosecution had presented ample circumstantial evidence – including CCTV footage of vehicles, forensic findings of firearm residue on gloves, and the recovery of a pistol in a burned‑out Hyundai – sufficient for a jury to convict. Mr Justice Birmingham noted that the trial judge had effectively acted as a jury by dismissing the case, and therefore the acquittals were overturned and a retrial was ordered at the Central Criminal Court. The case remains pending for the next hearing.
The Court of Appeal rejected the appeal of a 44‑year‑old man convicted of raping and sexually assaulting his daughter over eight years. He had been sentenced to eleven years' imprisonment, with the final year suspended, after a 2020 trial at the Central Criminal Court. The appellant claimed he lacked proper legal representation, alleging a legal executive, not a solicitor, had taken notes of consultations. The court found the trial was conducted in due course of law, noting affidavits from his former legal team and that the appellant was represented by a senior counsel. The appeal was dismissed, and the man will remain in prison. The case involved a complex family and community context, but the court focused on procedural issues rather than the substantive allegations. The decision was delivered by Ms Justice Burns. The unnamed 44-year-old pleaded not guilty.
Noel Foran, 61, of Lucan, was sentenced to three years' imprisonment in July 2023 after pleading guilty to ten sexual assaults on his stepdaughter between 1991 and 1998. The judge imposed 18‑month sentences on the first and tenth charges to run consecutively, while the remaining eight were considered together. Foran's appeal to the Court of Appeal was dismissed on 26 February 2024, with Justice Tara Burns ruling that the sentencing judge had no error in principle in imposing consecutive sentences. Foran admitted to touching his stepdaughter's vagina while she slept, claiming the acts never progressed beyond touching and that he masturbated. He had no prior convictions and had engaged in counselling at the Granada Institute. The victim, Irene Cullen, gave a victim‑impact statement describing lasting PTSD, self‑harm, and prolonged hospital stays. The Court of Appeal upheld the full three‑year term, rejecting the appeal for a reduced sentence.
John Murphy, a 43‑year‑old married secondary school teacher, was found guilty of sexually exploiting a 16‑year‑old girl via Instagram between June 2017 and June 2018 and of possessing child pornography in 2008 and 2010. He pleaded guilty at Wicklow Circuit Criminal Court in July 2023. The Court of Appeal, after reviewing a probation report that highlighted Murphy's hostility to women, medium risk of reoffending, and the serious impact on the victim, ruled that the original one‑year sentence was too lenient. The appeal court doubled the sentence to three years, suspended the final 12 months, and clarified that the effective custodial term is 24 months. The decision was based on aggravating factors such as the prolonged communication, explicit sexual content, and the victim's vulnerability, while mitigating factors like Murphy's lack of prior convictions and cooperation with Gardaí were deemed insufficient to offset the seriousness of the offences.
The Court of Appeal has dismissed the bulk of an appeal by Dafora Unlimited Co, trading as Mr Price Branded Bargains, against a High Court ruling that prohibited it from selling certain grocery items at Barrow Valley Retail Park. The court upheld the decision by Mr Justice Mark Sanfey, which found that Dafora breached its lease by selling goods defined as groceries alongside anchor tenant Dunnes Stores. The High Court had determined that 'groceries' extends beyond food to include non-durable consumable household items purchased frequently, such as cleaning products, toiletries, and pet care items. Dunnes and landlord Camgill Property A Sé Ltd had secured an injunction preventing these sales. Dafora argued the High Court erred in interpreting the lease and that the injunction was ambiguous. The Court of Appeal, comprising Mr Justice Seamus Noonan, Mr Justice Robert Haughton, and Ms Justice Nuala Butler, largely agreed with the High Court's findings. However, the court amended one declaration to add the phrase 'provided that such items are non-durable' to the list of prohibited items, aiming for greater clarity. Mr Justice Haughton noted that Dunnes was substantially successful. Consequently, the court proposed that Dafora pay 90% of Dunnes' costs of the appeal, with the costs order to be finalised at a later date.
John Murphy, a 43‑year‑old married secondary school teacher, was sentenced to one year in prison for sexually exploiting a 16‑year‑old girl via Instagram. He communicated with the victim for a full year while she was preparing for her junior certificate exams, with the content escalating to explicit descriptions of penetration. A probation report noted that Murphy tended to rationalise his behaviour, had a medium risk of reoffending, limited understanding of the harm caused, emotional disconnect, limited insight, and displayed sexually compulsive behaviour over a long period. The sentencing judge had originally set a headline sentence of six years, reduced it to three years, and suspended the final two years, a decision criticised by the Director of Public Prosecutions for placing too much weight on mitigating factors such as Murphy's good career and lack of prior convictions. Murphy also pleaded guilty to possession of child pornography in 2008 and 2010. The Court of Appeal reserved its judgement.
Hamid Zatout, aged 26, had been sentenced to six and a half years for a series of robberies in which he snatched designer watches from vulnerable victims, some worth up to €47,000. The Court of Appeal, after reviewing the evidence of multiple robberies and an attempted robbery, warned his lawyers that an appeal could result in a higher sentence. Following a discussion with the court's president, Mr Justice George Birmingham, Zatout's lawyers withdrew the appeal, citing the court's willingness to increase the sentence if an error was found. The court noted that the offence was very serious and that the sentencing judge had considered a "double figures" sentence. Zatout had pleaded guilty to four robbery charges, one assault causing harm, and one attempted robbery, and had been living in a hotel in Dundalk at the time of his arrest. The case involved extensive CCTV evidence and the involvement of accomplices who followed victims before the robberies.
A Roscommon man convicted of repeatedly sexually assaulting a teenage girl employed as a babysitter has had his sentence reduced on appeal. Michael King, aged 53 and resident of Warren View, Boyle, was originally sentenced to five and a half years imprisonment by Roscommon Circuit Criminal Court in May 2023 following his conviction on twelve counts of sexual assault. The Court of Appeal has now reduced his term by fifteen months. King had pleaded not guilty but was unanimously convicted by jury of all charges relating to offences against a girl aged 16, committed over a nine-month period ending in September 2005. The Court of Appeal found the trial judge erred in imposing consecutive sentences, determining the cumulative headline sentence of ten and a half years was excessive. The court re-sentenced King to five years imprisonment with the final nine months suspended. Mr Justice Patrick McCarthy cited mitigating factors including the passage of time since the offences and King's subsequent pro-social conduct, though noting the absence of a guilty plea.
The Court of Appeal dismissed the appeal of a 49‑year‑old man who had been convicted of raping his partner's seven‑year‑old son. The appellant argued that the trial was unfair because the child had been given incorrect information that the man had previously been jailed for raping a girl, and that this had influenced the child's initial complaint and interview. The Court found that the alleged erroneous information did not affect the fairness of the trial and that the trial judge had properly exercised her discretion to refuse a directed acquittal. The conviction, obtained at the Central Criminal Court in July 2024, remains in force. The man was sentenced in October 2022 to eight years' imprisonment for rape and three years and six months for sexual assault, to run concurrently, after the judge noted his position of trust and deception of the child. The Court of Appeal upheld the original verdict and sentencing.
In a sentencing hearing, Judge Mary Ellen Ring imposed a six‑year jail term on Andrew Lacey, 35, for the fatal stabbing of Derek Reddin, 31, in Loughlinstown. The judge also suspended 18 months of the sentence, citing the impact on Lacey's children, who would be left fatherless during critical developmental years. Lacey had pleaded not guilty to murder but was found guilty of manslaughter by a jury. The Court of Appeal heard arguments from the DPP's counsel, who contended that the suspension constituted an error in principle, and from Lacey's counsel, who defended the judge's discretion. The appeal was adjourned to March 1, with the court reserving judgment on the suspension issue. The case highlights the judge's consideration of family circumstances in sentencing.
Christina Anderson, 41, of Brownsbarn Wood, Kingswood, Dublin 22, was sentenced to eight years' imprisonment for the murder of Gareth Kelly, 38, who she stabbed five times outside her home on 25 February 2020. She had pleaded not guilty by reason of insanity, but the Director of Public Prosecutions accepted a plea of guilty to manslaughter by reason of diminished responsibility due to a bipolar affective disorder. The State also rejected cannabis intoxication as a defence. In the Court of Appeal, the appeal was dismissed. Justice Isobel Kennedy upheld the eight‑year sentence, noting that the original judge had reduced the headline manslaughter term from 20 to 13 years, then to 11 years with a three‑year suspended portion, and that the final sentence reflected Anderson's mental condition and mitigating factors. The appeal court found no error in the sentencing decision.
In February 2021, former Terenure College rugby coach John McClean, aged 79, was convicted of sexually abusing 23 pupils and sentenced to four years. In February 2023, he was convicted of further abuse of 22 pupils and received an additional four‑year sentence, to run consecutively, making a total of 12 years. The State argued that a concurrent sentence would not reflect the suffering of the 22 new victims. McClean's sentences were imposed by Judge Pauline Codd and Judge Martin Nolan, respectively, with the second term set to begin after the first term ends in February 2027. McClean will be about 84 upon release. The case involved indecent assault and sexual assault between 1971 and 1993 while he was a teacher and rugby coach at Terenure College. The Court of Appeal was urged to consider whether the consecutive sentences were fair and just.
James Doyle, 37, of Walkinstown, was sentenced to three-and-a-half years in jail for dangerous driving that caused serious bodily harm to Emily Doyle when he struck her on Cromwellsfort Road on 23 April 2020. Doyle had been driving at speeds up to 130 km/h in a 50 km/h residential zone and was travelling about 80–90 km/h at the moment of impact, breaking Doyle's back and both legs. He had 47 prior convictions, including two for dangerous driving and four for unauthorised vehicle taking. At the Court of Appeal, Mr Justice George Birmingham reduced the sentence by one year, citing mitigating factors such as Doyle's ADHD, addiction history, early plea, remorse and pro‑social life. The new sentence is two-and-a-half years with a six‑year driving ban, and the appeal was granted on the basis that the original sentence was excessive and disproportionate. James Doyle pleaded guilty.
Eugene Hanratty Snr (65), of Castleblayney Road, Crossmaglen, Co Armagh, is appealing his conviction for assault causing harm at Castleblayney, Co Monaghan, on November 24, 2012. He pleaded not guilty but was convicted by a jury following a trial in October 2022 and sentenced to three years in prison. The matter was adjourned at the Court of Appeal, with Mr Justice George Birmingham reserving his decision. Defence counsel Sean Guerin SC argued the conviction should be overturned due to prosecution failings, including lost forensic evidence, a broken chain of custody regarding a jacket, and the failure to interview Hanratty Snr or his son, Eugene Jnr. The State, represented by Garret McCormack BL, countered that these issues did not warrant removing the case from the jury, noting the trial judge had properly considered the evidence. At sentencing, Judge Melanie Greally described the attack as unprovoked and premeditated, noting Hanratty Snr stamped on the victim's arm knowing he was a musician. The judge set a headline sentence of five years, reduced it by one year, and suspended the final year for 12 months, resulting in an effective custody period of two years. Hanratty Snr was also ordered to have no contact with the victims for 10 years. In a separate 2016 trial, Eugene Hanratty Jnr was acquitted of joint enterprise charges related to the same incident.
Graham Daly, aged 40, was sentenced to eight and a half years in prison for repeatedly raping and sexually abusing his younger brother between January 1998 and December 2002. The offences were tried in the Central Criminal Court in December 2021, where a jury found him guilty on seven counts. Daly pleaded not guilty and has maintained his innocence, arguing that the sentence was too severe. He appealed to the Court of Appeal, claiming the judge erred in assessing the severity and in balancing aggravating and mitigating factors, and that the sentence was disproportionate. The Court of Appeal dismissed the appeal, stating that the gravity of the repeated, escalating offences justified a headline sentence range of 10 to 15 years, and that the judge's decision to place the sentence within that range was correct. The court found no error in the judge's approach and upheld the eight‑and‑a‑half‑year term.
In a landmark ruling, the Court of Appeal held that CCTV footage can be used as evidence in criminal trials, rejecting arguments that its use breaches constitutional and EU rights. Mr Justice John Edwards, in the case of Philip Dunbar, who murdered a homeless man with a disability by stabbing him 183 times, said that where such evidence exists, it would be a dereliction of duty if Gardaí did not access and use it. He noted that data protection laws allow CCTV processing when necessary and proportionate for preventing, detecting, investigating or prosecuting crime. The judge described the footage as highly relevant, obtained from private homes, businesses and public places such as footpaths, roads, a public park, a bus and a shopping centre. He dismissed the appeal, stating that the arguments were "lacking in reality" and that no rights were breached.