Philip Dunbar, aged 23, was found guilty of murder after stabbing Adam 'Floater' Muldoon 183 times in an unprovoked attack in Tallaght in 2018. He appealed his conviction, arguing a mental disorder caused by chronic drug use and that CCTV evidence infringed his privacy. The Court of Appeal, hearing via video-link, dismissed all grounds. Justice John Edwards noted the appeal was "bordering on un-statable" and that privacy claims were "misconceived". He emphasised that without an expert opinion proving a mental disorder at the time of the murder, the defence could not rely on that defence. The court also rejected arguments about the admissibility of admissions and a key witness's evidence. Dunbar remains imprisoned, with no changes to his sentence announced. The case highlights the court's stance on mental disorder defenses and CCTV use in criminal trials.
A 28‑year‑old man was convicted of raping a woman he described as his best friend. He pleaded not guilty to a single count of rape relating to an incident on 7 November 2018. The jury found him guilty in November 2021 and he was sentenced to seven years, with the final three and a half years suspended, by Justice Deirdre Murphy in May 2022. He appealed, arguing that the trial judge's comments to the jury about the right to silence during Gardaí interviews unfairly prejudiced him. The Court of Appeal, led by Justice George Birmingham, agreed that the judge's remarks had impacted the man's right to silence and quashed the conviction. The case was adjourned to 16 February for further submissions on a possible retrial. The article does not state any subsequent outcome.
In a landmark Court of Appeal judgement, the court ruled that Section 93 of the Children Act applies only to a child, defined as a person under 18. The decision means that a child who turns 18 during proceedings or before an appeal can no longer be protected by anonymity. The case concerned a 21‑year‑old who was 17 when he pleaded guilty to the murder of Cameron Blair. The court held that reporting restrictions do not extend to those who age out before proceedings conclude. Justice Isobel Kennedy emphasised that the Act's language is clear and that extending anonymity would require rewriting the legislation. Mr Justice George Birmingham announced a stay on lifting reporting restrictions to allow a potential appeal to the Supreme Court. The ruling will affect child defendants who turn 18 before their trial or sentence is completed.
A 41‑year‑old man was ordered to serve a full three‑year, four‑month prison term after the Court of Appeal rejected his appeal against the severity of the sentence for sexually assaulting his nine‑year‑old daughter. The Court of Appeal found that the trial judge had not erred in sentencing. The offence occurred between 1 January 2017 and 30 April 2017 at the family home, when the father touched the girl's private parts while she was asleep. The appellant pleaded not guilty. He was first convicted in May 2021 after a second trial, had that conviction quashed in May 2022, and was convicted again in November 2022, receiving the three‑year, four‑month sentence. The appeal argued the sentence was too harsh, citing a comparable case with a four‑year headline. The Court of Appeal upheld the original sentence, noting the breach of trust and the lack of a guilty plea.
Cameron Curtis, aged 20, received an 18‑month jail term for a series of violent assaults, false imprisonment and threats against his partner, Alannah Corrigan. The Court of Appeal found the sentence unduly lenient, noting that the original headline sentence was 3 years 4 months, reduced to 2 years 6 months after mitigation, with the last year suspended for two years. Curtis's attacks spanned four dates, involving punches, kicks, strangulation, a chokehold, and threats with a knife and scissors. He repeatedly locked Corrigan in a bathroom for 45 minutes and prevented her from leaving a kitchen. The Court highlighted the aggravating factor of their intimate relationship and the prolonged nature of the assaults. Curtis has now served his sentence, having spent about 14 months in prison, and the Court has called for an updated probation report before finalising matters. The unnamed man pleaded guilty.
In a 2024 Court of Appeal hearing, the court considered the appropriate penalty for Dutch skipper Klass Dirk Meijvogel, aged 43, who was convicted in 2015 of a single technical fishing offence for operating the factory trawler Wiron 5 in Irish waters. The offence involved the use of equipment capable of grading fish and returning low‑grade pelagic fish to the sea, contrary to EU regulations effective 1 January 2015. The original 2015 judgment had confiscated the vessel's entire catch (€344,960) and gear (€55,000), a penalty later deemed potentially disproportionate. Meijvogel's counsel argued that the confiscation was mandatory and that no evidence showed fish were returned to the sea, and that the penalty had no monetary benefit to the skipper. State counsel countered that the forfeiture was justified by the presence of illegal grading facilities and that the penalty should remain dissuasive. Klass Dirk Meijvogel pleaded not guilty.
The Court of Appeal heard an appeal involving members of the Burke family, including Enoch Burke, who is currently in Mountjoy Prison. Enoch Burke, along with his parents, sister Ammi, and brother Isaac, protested outside the Criminal Courts of Justice building after being excluded from the hearing due to their failure to provide undertakings not to interrupt proceedings. Enoch Burke was only allowed to participate via video-link after failing to make an undertaking to accept court rulings and not to be argumentative. He denied that he or his family had ever disrupted proceedings, stating they are law-abiding and respect the law. Enoch Burke is a respondent in an application by the Garda Ombudsman Commission (Gsoc) for access to digital audio recordings of a previous court hearing involving him on March 7th last year. During that hearing, a 'melee' occurred when members of the Burke family began shouting and were forcibly removed by gardai. Simeon Burke (24), Enoch's brother, was arrested and later convicted under the Public Order Act for engaging in threatening, insulting, and abusive behavior. Both Simeon and Ammi Burke have made complaints to Gsoc regarding their treatment by gardai on that occasion. Eoin Lawlor BL, representing Gsoc, applied for the release of recordings made after the court had risen, arguing that the evidence may be probative of innocence or guilt. Enoch Burke, representing himself, objected to the application, stating that 'proceedings' refers to the period when the court is in session and that the ambient recording system is only a backup. Mr Justice Edwards, sitting with Mr Justice Patrick McCarthy and Ms Justice Tara Burns, thanked all parties for their 'excellent submissions' and reserved judgment, saying the court had a 'lot to think about'.
Edward Wall, 32, of Newtown Park, Tallaght, was sentenced to five‑and‑a‑half years in November 2022 for the burglary of an unoccupied residence belonging to an Asian restaurant owner in Carlow Town. The burglary, committed with three others in December 2019, was part of a gang that targeted Asian businesspeople. Wall was on bail for burglary, trespass and handling stolen goods at the time of the offence and had 33 prior convictions. Judge Eugene O'Kelly imposed a six‑year term, suspending the final six months, and also sentenced two older co‑defendants to six years with 18‑month suspensions and a younger co‑defendant to a fully suspended three‑and‑a‑half year term. Wall's appeal to reduce his sentence was dismissed by the Court of Appeal, with the judge affirming that the sentencing reflected appropriate parity and mitigation considerations.". Edward Wall pleaded guilty.
George Finglas, who lived on the North Circular Road, Dublin 7, was sentenced to nine years in prison for transporting more than 128 kg of cannabis, worth an estimated €2.56 million, to reduce a gambling debt. He pleaded guilty last year and appealed the sentence as excessive. The Court of Appeal, presided over by Ms Justice Tara Burns, rejected all grounds of appeal, stating the sentencing judge had made no error and the sentence was not disproportionate. In February 2021, Revenue officials discovered two pallets of cannabis at Dublin Port, and Gardaí from the National Drugs and Organised Crime Bureau conducted a surveillance operation that led to Finglas's arrest at a commercial premises in Lusk, Co Dublin. Finglas admitted moving the drugs under direction, citing a €25,000 gambling debt and fear of debtors. He had no prior convictions and entered an early guilty plea.
In a December 2018 Christmas arson spree, 34‑year‑old Graham Shannon set fire to three cars and an auto‑body garage in Wexford, destroying the owner's livelihood. He pleaded guilty to four counts of criminal damage. The State appealed the original cumulative sentence of three and a half years, arguing it was unduly lenient and that the four arsons should carry consecutive sentences. The Court of Appeal, led by Ms Justice Isobel Kennedy, quashed the original sentence and imposed a new nine‑year term: four years for each of the first three vehicle arsons (concurrent) and six years for the garage arson (consecutive), with the final year suspended. The decision was based on the financial loss to the garage owner, the "revenge" element, and Shannon's extensive criminal history, including 82 prior convictions and multiple serious offences. The suspended year was back‑dated to April 7, 2022.
The 17‑year‑old serving a life sentence for the murder of Urantsetseg Tserendorj shouted "f**k off, get me out of this court" when the Court of Appeal refused to reduce his term. He also shouted insults at staff as they escorted him to the cell. The appeal was dismissed by Ms Justice Tara Burns, who upheld the life sentence with a 13‑year review, citing the pre‑meditated knife attack on a defenseless woman. The appeal had argued the sentence was disproportionate for a 14‑year‑old at the time of the offence and that mitigating factors such as drug addiction had not been adequately considered. The court noted the defendant's intent to rob and the use of a knife, and rejected the claim that the sentence was too harsh. The judge said the defendant must work toward rehabilitation by the review date. Urantsetseg Tserendorj pleaded guilty and was found guilty.
Joe Dunne, 82, a former priest, was given a fully suspended four‑year sentence in March 2023 for five counts of indecent assault on a young woman who was already vulnerable. The victim, who had been abused previously, described the abuse as violent and terrifying, noting that Dunne exploited his chaplaincy role and repeatedly assaulted her in remote locations. The Court of Appeal, led by Mr Justice John Edwards, overturned the suspended sentence, citing the gravity of the offences and the impact on the victim. Edwards imposed a headline six‑year custodial sentence, discounted two years for guilty pleas and personal circumstances, and suspended an additional two years, leaving Dunne with a two‑year jail term. The decision was made after the court considered Dunne's age, health, and the dependency of his 94‑year‑old sister, whom he solely cares for. The case was originally uncovered in 2019 when Gardaí found letters from the victim to her bishop.
In a Court of Appeal hearing on 15 December 2023, the State argued that a man acquitted of attempted murder in February 2021 was the shooter. State counsel Eilis Brennan SC presented evidence that gloves seized from the accused less than 30 minutes after the shooting contained 19 particles of firearm residue matching those found at the scene. She cited three hours of CCTV tracking two cars before, during and after the incident, including a black Hyundai hatchback that left the scene at 10.55pm and a BMW that was later stopped on the M50. Brennan claimed the CCTV and forensic evidence strongly linked the younger man, aged 28, to the shooting. The appeal court, led by Mr Justice Birmingham, was instructed to review the CCTV footage and transcripts and reserve judgment. The defense argued that the trial judge had erred by directing acquittals, but the appellate judges were to determine whether the evidence was sufficient for a jury. The unnamed respondent pleaded not guilty.
In a 2023 Central Criminal Court case, Ms Justice Eileen Creedon directed a jury to acquit two men of attempted murder of a 17‑year‑old Dublin teenager, after the defence applied to drop the charges. The accused, aged 32 and 28, were alleged to have attempted to kill the teenager on 24 February 2021 at Eugene Street, Dublin 8, and to have possessed a Beretta pistol. The trial judge found the evidence—CCTV, witness testimony, forensics—insufficient to prove guilt, noting no direct link between the gun found in a burned‑out Hyundai and either defendant, and no DNA, phone or motive evidence. The State has now applied to the Court of Appeal to overturn the acquittal, arguing the judge erred by considering evidence "in isolation" rather than "globally." The appeal will be heard by a three‑judge panel tomorrow. The case remains a circumstantial one with no direct evidence of the defendants' involvement.
The Court of Appeal upheld the Minister for Justice's refusal to allow an Indian woman, who married an EU national in 2012, to remain in Ireland. The Court found the Minister's decision lawful, noting that in a 2018 interview the woman admitted the couple had never lived together and had married because she needed a visa. She also said the man's girlfriend became pregnant while they were married. The lawyers later denied that the marriage was solely for a visa, citing family disapproval and the man's infidelity, which led to a child in 2013. The couple had sought to renew the woman's residence card in 2017, but the Minister refused in 2018. The High Court dismissed the appeal in 2022, and the Court of Appeal rejected the appeal in 2023, finding no error of law and confirming the Minister's decision. The woman was not entitled to an oral hearing before the refusal.
At the Central Criminal Court, Matthew Cummins appeared on appeal regarding the reactivation of his suspended sentence. The State sought to activate the two-year suspended portion of his nine-year term, which was imposed in September 2021 for impeding the apprehension of an offender. This followed Cummins' guilty plea and sentencing on December 5 last year at Tullamore Circuit Criminal Court, where he received two-and-a-half years' imprisonment for criminal damage, with the final year suspended. Cummins, who has 69 previous convictions, had previously admitted to helping Sean Davy, a convicted murderer, by attempting to burn the victim's body to destroy evidence. James Davy, Cummins' co-accused in the original 2014 incident, also had his murder conviction overturned in 2021 and was re-sentenced to nine years with two suspended. Ms Justice Siobhan Lankford revoked the two-year suspension but substituted it with a one-year jail term, backdated to December 5 last, with no portion suspended. She noted Cummins' good behaviour and course completion in prison, granting him a further chance despite his high risk of reoffending. Sean Davy remains serving a life sentence for murder.
Paul Boyle, a 46‑year‑old Scottish man, was caught by an off‑duty Garda taking "up‑skirt" pictures on the Luas in December 2019. A Garda search of his Dublin home uncovered hundreds of thousands of similar images, including 20,000 of women and girls' legs, groins and buttocks, and an "extremely explicit" child‑abuse video. Boyle pleaded guilty to harassment and possession of child pornography. Judge Martin Nolan originally sentenced him to five years for harassment and three years for child‑pornography, with the final two and a half years of the latter suspended. On appeal, Mr Justice Patrick McCarthy reduced the overall custodial term to five years and six months, suspending the last 16 months. The Court of Appeal found the original sentence excessive, noting no violence or threat of violence and no contact with victims. Boyle remains subject to post‑release supervision and a ban on contact with the victims.
During a Court of Appeal hearing on 9 December 2023, Enoch Burke's mother Martina Burke and sister Ammi were ejected by Gardaí after they entered the courtroom and shouted at barrister Eoin Lawlor BL and the presiding judge. The family had come to protest that the court was "making a fool" of Enoch Burke and that Lawlor's presence was corrupt, while Burke was denied in‑person attendance. The court was considering a Gsoc application for access to recordings of a prior "melee" involving Burke, and had previously granted Gsoc and the Director of Public Prosecutions access to recordings from sessions but not to those taken after the court rose. Judge John Edwards adjourned the matter to 15 January, when a panel of three judges will hear submissions on the recordings issue.
A 14‑year‑old who raped a 15‑year‑old after drinking alcohol for the first time was convicted by a majority jury at the Central Criminal Court in May 2024. He was sentenced to 106 days of detention, fully suspended, which the State appealed as too lenient. The Court of Appeal found the original sentence unduly lenient, noting that a comparable adult offence would have attracted a headline sentence of seven years. The appeal court quashed the 106‑day suspended term and re‑sentenced the teenager, applying a discount of three‑and‑a‑half years for his age and maturity and an additional 18‑month discount for mitigating factors such as his admissions and good record. The court suspended the two‑year jail term entirely, requiring compliance with probation services and good behaviour for two years, and ruled that sending him to an adult prison would serve no useful purpose. The unnamed 18-year-old pleaded not guilty.
The Court of Appeal heard that a 17‑year‑old who murdered Urantsetseg Tserendorj was sentenced to life imprisonment with a review after 13 years, a decision his barrister Mark Lynam SC described as disproportionate. Lynam argued that the teenager, who had 31 prior convictions, should have received a determinate sentence or an earlier review, citing international pressure to move away from life sentences for minors. He contended that the offender's intent was to cause serious harm rather than to kill, and that his age and lack of maturity warranted a different approach. The Director of Public Prosecutions, Sean Guerin SC, maintained that the judge's discretion was justified, noting the defendant's armed robbery intent and the victim's vulnerability. The case remains pending a judgment set for December 19, 2023. The unnamed accused pleaded guilty and was found guilty.
In December 2023, a Court of Appeal hearing considered the appeal of Paul Boyle, a 46‑year‑old Scottish man, who had been sentenced to five‑and‑a‑half years' imprisonment for harassment and possession of child pornography. Boyle was caught by an off‑duty Garda on the Luas in December 2019 taking "up‑skirt" photographs of women and schoolgirls. A subsequent search of his Dublin home uncovered 275,800 images of women's groins, thighs and buttocks taken between June 2018 and January 2020, and a 2002 child‑pornography video described as "extremely explicit and disturbing." Boyle pleaded guilty in March 2022 to the harassment and possession charges. Judge Martin Nolan imposed a five‑year term for harassment and a three‑year term for child‑pornography, with the final two‑and‑a‑half years suspended and back‑dated to March 2021.
Christina Anderson, 41, of Dublin 22, appealed her sentence at the Court of Appeal regarding the killing of Gareth Kelly, 38. Anderson was sentenced earlier this year to 11 years in prison, with the final three years suspended for four years. She was initially charged with murder and pleaded not guilty by reason of insanity. However, the Director of Public Prosecutions accepted a plea of guilty to manslaughter by reason of diminished responsibility due to a mental disorder. The State accepted Anderson was experiencing a psychotic episode due to bipolar affective disorder but did not qualify for a full insanity defence. Counsel for Anderson argued the sentencing judge failed to correctly assess her moral culpability, citing a psychiatrist's report that she was highly dominated by her condition with no insight. The DPP countered that moral culpability was not extinguished, pointing to ongoing aggravation and the fact that Anderson stabbed the victim, walked away, and returned to stab him again. The DPP also noted the suspended portion was necessary for public protection given the lack of a suitable environment to police her mental health. Anderson is currently an enhanced prisoner at Dochas women's prison, where her medication has been reduced and she is participating in various classes. The matter remains under appeal.
The State argues that child offenders who become adults before their appeal is heard should not retain anonymity. The Court of Appeal will decide whether the 21‑year‑old who murdered student Cameron Blair can be publicly identified after appealing his sentence post‑turning 18. Mr Justice George Birmingham requested submissions from the Director of Public Prosecutions and the defendant's counsel. The defendant, aged 17 when the murder occurred, pleaded guilty and was sentenced just before his 18th birthday. The Children Act prohibits publishing anything likely to identify a child in court proceedings. Karl Finnegan SC contended that naming the young offender on appeal would violate the Act's spirit, while Anne Rowland SC argued that the Act's literal wording does not extend anonymity beyond 18. Mr Justice Birmingham noted a subsection of the Act that applies to appeal proceedings, questioning its purpose if anonymity is not preserved. The court will rule later.
In a 2023 Court of Appeal decision, a 17‑year‑old who stabbed 20‑year‑old Cameron Blair to death was denied a review to reduce his life sentence after 13 years. The court found the trial judge had properly considered the defendant's lack of maturity, set a proportionate sentence and taken mitigating factors into account. The appeal also rejected the claim that the 13‑year review deprived the defendant of the right to apply for parole after 12 years, noting the parole board would still consider eligibility. The judge highlighted the defendant's deliberate and callous conduct, including displaying a knife and tapping it on his leg before the fatal blow, and described the offence as "shocking and deliberate." The Court of Appeal will later decide on the anonymity of the accused, who is now 21 and no longer a minor. Cameron Blair pleaded guilty.
Jordan Lee, 25, was sentenced to two years in prison in April 2023 for a violent robbery that left two teenagers, aged 18 and 19, unconscious after they refused to buy drugs in Dublin city centre. Lee, who was on bail at the time, struck one teen on the head and repeatedly stamped on his head, while a co‑accused struck the other teen. Both men then stole the teens' pockets and fled. The State appealed the sentence, arguing it was unduly lenient. The Court of Appeal, after viewing disturbing CCTV footage, found the original two‑year term too low and increased the pre‑mitigation headline sentence to seven years. The judge set a post‑mitigation headline sentence of five years, suspended six months, and back‑dated the custodial term to start after the expiry of a separate 11‑month sentence on 6 June. Jordan Lee pleaded guilty.
In December 2023 the Court of Appeal upheld a decision that Pearse O'Connor, a 41‑year‑old contractor from Dundalk, would not serve jail time for a second time after a fully suspended five‑year sentence was deemed too lenient. O'Connor had pleaded guilty in April 2021 to six charges of invoice fraud and fraudulent trading, having used false invoices to secure €369,000 from Keys Commercial Finance to keep his company afloat during financial hardship in 2015. The original trial court had suspended the entire sentence and banned him from directing a company for life. The appeal court noted that the offence involved large sums over several months and that the custodial threshold had been crossed, but it also recognised O'Connor's ongoing efforts to reform, including addressing an alcohol problem and maintaining family responsibilities.
In November 2023 the Court of Appeal ruled that the quashing of Darren Thompson's gang‑rape conviction was not a miscarriage of justice. Thompson, 30, had been jailed for six years with two years suspended after a 2017 jury conviction for raping a 21‑year‑old nightclub patron. In 2020 the conviction was overturned when the Director of Public Prosecutions did not oppose his application, but no retrial was ordered. Thompson's lawyers sought a miscarriage‑of‑justice certificate under Section 9 of the Criminal Procedure Act, arguing that undisclosed Garda and Tusla documents – relating to unfounded child‑sexual‑abuse complaints made by the complainant – were a newly discovered fact. The three‑judge panel found the failure to disclose was a "human error", not bad faith, and that the material would not have been decisive. Consequently the court denied the certificate, stating the error did not amount to a fundamental defect in the administration of justice. Darren Thompson pleaded not guilty.
In November 2023 the Court of Appeal rejected a mother's attempt to set aside her guilty plea for harassing a doctor at Temple Street Hospital. Marlies Walsh, 51, had pleaded guilty in 2022 to one count of harassment after repeatedly contacting the doctor by phone and email between 2017 and 2020 while her son awaited a kidney transplant. She argued that she was under duress and that her lawyers had given ineffective assistance, but the appeal court found no evidence of coercion or inadequate representation. The court noted that Walsh had been under significant stress but had understood the implications of her plea. The judge also dismissed her claim that the Garda investigation was flawed, stating that such matters were for trial. Walsh will appeal the severity of her suspended two‑year sentence at a later hearing.
Paul Wells Snr, aged 55, was convicted of murder after shooting Kenneth O'Brien in the back of the head and dismembering him with a chainsaw, disposing of the torso in a suitcase found in the Grand Canal. He claimed self‑defence, arguing he shot O'Brien when the gun fell and he feared being shot. His lawyers argued the trial judge's charge to the jury was incoherent and that the burden of proof was reversed. The Court of Appeal dismissed the appeal, stating the judge had adequately instructed the jury on self‑defence and that no fundamental injustice had occurred. Wells was sentenced to life imprisonment in November 2018, with no mention of a suspended portion or effective custody in the article. The case involved the discovery of O'Brien's torso and other body parts in the canal, and a history of financial transfers between the parties. The appeal was rejected in its entirety.
In a historic hearing, the Court of Appeal's first all‑female panel—Ms Justice Isobel Kennedy, Ms Justice Tara Burns and Ms Justice Úna Ní Raifeartaigh—considered an appeal by John O'Donoghue, 54, who was convicted in November 2021 of assault causing serious harm and violent disorder at Bothar Buí, Rathkeale. O'Donoghue, jailed for ten years, argued that the prosecution failed to disclose a Garda notebook to the defence before the trial. The notebook, containing a description of the scene, was slid across the table by the prosecution while the Garda was giving evidence, a move described by Ms Justice Kennedy as "most unsatisfactory." O'Donoghue's counsel claimed the lack of disclosure prejudiced the defence, who had already cross‑examined witnesses. The panel noted the issue but, after hearing arguments from the State and the defence, said it would reserve its judgement on whether the conviction should be overturned. John O'Donoghue pleaded not guilty.
In a sophisticated operation, Andrew Lawlor (38) was caught with €1.2 million of cocaine hidden in a modified compartment of his van. He had originally pleaded guilty to possession of cocaine for sale or supply and was sentenced by Trim Circuit Court to four and a half years' imprisonment, with the final two and a half years suspended. The Court of Appeal, finding the headline sentence of six and a half years unduly lenient, quashed the original sentence and re‑sentenced Lawlor to seven and a half years, of which three and a half years were suspended. The final imposed term is four years' imprisonment. Lawlor, a father of two, had pleaded guilty, expressed remorse, and had been drug‑free and training to become a drug counsellor at the time of sentencing. The appeal was brought by the State, arguing the value and sophisticated concealment of the drugs warranted a higher headline sentence.
In a 2023 appeal, Gezim Idrizi, a 38‑year‑old security provider, failed to overturn a February 2023 conviction for assault causing harm. The appeal argued that the jury had no evidence about the DNA‑extraction machine used at the scene. The court held that the DNA evidence, extracted by a liquid‑handling unit and analysed by Ms Sarah Fleming of Forensic Science Ireland, was admissible and accurate. The judge noted that the machine was merely a physical aid and that Ms Fleming personally analysed the DNA. The appeal was dismissed. Idrizi had been sentenced to three years and nine months' imprisonment, with the final six months suspended for two years. The case involved a serious assault at a GZ Security office in Dublin 11, where the victim was bound, struck, and left for a hospital. The trial concluded that the assault was prolonged and involved multiple assailants. Gezim Idrizi pleaded not guilty and was acquitted.
In a Court of Appeal hearing on 17 November 2023, the State argued that the fully suspended five‑year sentence imposed on Pearse O'Connor, a 41‑year‑old contractor from Dundalk, was too lenient for the €369,000 invoice fraud he committed against Keys Commercial Finance. O'Connor had pleaded guilty in April 2021 to six charges, including five for using false invoices and one for fraudulent trading under the Companies Act. The Court of Appeal noted that the fraud occurred over a short period but was carefully planned, resulting in a loss that grew from €186,000 to €622,000, with only €253,000 repaid. The State claimed the suspended sentence failed to reflect the seriousness of the offence and called for a custodial term. The appeal court will decide on 1 December 2023.
The Court of Appeal has overturned a trial judge's direction to acquit an unnamed 34-year-old man of rape, finding the ruling was wrong in law. The appellant, who pleaded not guilty, was originally charged with one count of rape and two counts of sexual assault, alleging that between January and September 2005, he sexually assaulted his six-year-old cousin in Dublin. At the Central Criminal Court trial in June 2022, Mr Justice David Keane directed the jury to discharge the rape charge, reasoning that the complainant had touched the accused on his invitation, meaning no assault occurred. The State appealed, arguing that any intentional touching without consent constitutes an assault. In its judgment, the Court of Appeal, led by Mr Justice John Edwards, stated that a child under the statutory minimum age cannot legally consent to such touching. The court ruled that the invitation itself could constitute force or impact, an issue that should have been left to the jury. Consequently, the appeal was allowed, and the DPP was granted permission for a retrial. The matter was adjourned, with the DPP directed to re-enter the case in the next list to fix dates at the Central Criminal Court on December 6.
The Court of Appeal overturned a High Court ruling that had reversed a District Court judge's refusal to hear the cases of three people accused of publishing online information that identified the teenage boys who murdered Ana Kriegel in 2018. The Court of Appeal held that the District Court judge had not acted unfairly and that a subsequent judge could reconsider jurisdiction. The three accused – Edel Doherty, 48, Kyle Rooney, 26, and Declan Corcoran, 30 – had been charged with posting photos and naming the boys on social media. They had been initially told by Judge Brian O'Shea that the District Court could hear their matters, but Judge John Hughes later ruled the offences were too serious for the District Court and sent them to the Circuit Court. The High Court had quashed Judge Hughes' decision, but the Court of Appeal vacated that order and remitted the matters back to the District Court for further consideration.
Jordan Keogh, a 27‑year‑old from Clondalkin, was on bail when he repeatedly moved cash, a handgun and ammunition for an organised gang. In February 2020 he was sentenced to six years' imprisonment for possession of €172,950 in crime cash, a semi‑automatic pistol, ammunition and drugs for sale. The original sentence comprised 3.5 years for two money‑laundering offences (concurrent), 2 years for cannabis possession (consecutive), and 1.5 years for the firearm offence with one year suspended, totalling seven years with 12 months suspended. The State appealed, arguing the judge had been too lenient, especially for the firearms offence. The Court of Appeal quashed the original sentences and re‑sentenced Keogh to nine years: 2 years for drugs, 3 years for the first money‑laundering offence (concurrent), 3 years for the second money‑laundering offence with 2 years suspended (consecutive), and 5 years for the firearms offences (consecutive). Jordan Keogh pleaded guilty.
Patrick Shanahan, 76, of Cooga, Doon, Co Limerick, remains in prison after the Court of Appeal upheld his 11‑year sentence. He was convicted in July 2022 by a unanimous jury at Limerick Circuit Criminal Court on 14 counts of sexually assaulting his granddaughters Daria and Tara Tobin between 2010 and 2014. The abuse included rubbing the girls' vaginas and later finger and tongue penetration when they were aged 10 to 14. The assaults occurred in Shanahan's home, on nearby land and in his van. Shanahan appealed on grounds of delay and alleged inconsistencies in one complaint, arguing that evidence of how the abuse was disclosed should not have been admitted. The Court of Appeal, led by Justice Úna Ní Raifeartaigh, found that the complaint met all admissibility conditions, that the delay was justified by the girls' psychological state, and that the evidence was consistent. Consequently, the appeal was dismissed and Shanahan will continue to serve his sentence. Patrick Shanahan pleaded not guilty.
Two members of the Burke family were removed from the Court of Appeal by gardaí on 10 November after loudly protesting when the presiding judge muted Enoch Burke's microphone during proceedings. The court was hearing a civil application by the Garda Síochána Ombudsman Commission for access to ambient audio recordings made in the Four Courts. Mr Justice John Edwards told Sean and Isaac Burke they were in contempt of court before their removal. Enoch Burke, appearing by videolink from Mountjoy Prison, opposed the GSOC application, arguing the court had jurisdiction to decide the matter. The judge expressed concern about whether the Court of Appeal possessed jurisdiction over recordings made when court was not sitting. Mr Justice Edwards adjourned the case to 8 December to address the jurisdictional question. Simeon Burke, with an address at Cloonsunna, Castlebar, County Mayo, was convicted of a public order offence following a disruption at the court in March 2023.
The Court of Appeal upheld that several Dublin‑registered aircraft leasing firms are entitled to obtain documents from insurers who have refused to provide indemnity for aircraft "unlawfully retained" in Russia. The aircraft, valued at over one billion euro, were not returned after Russia's 2022 invasion of Ukraine. The firms—SMBC Aviation Capital, Global Aviation, Wilmington Trust SP Services, BOC Aviation, Silver Aviation, CDB Lease Finance and GY Aviation—sued insurers including Lloyds, Swiss Re, Chubb, Global Aerospace, AIG, Tokio Marine and Taiping for not covering losses under "all risks" or "war risks" policies. Insurers denied coverage, arguing the war‑risk cover was not engaged. Mr Justice Denis McDonald had earlier found the plaintiffs entitled to discover certain tranches of disputed documentation, including notices of cancellation for aviation assets in Russia, Ukraine, Crimea and Belarus from 1 February to 31 March 2022.
In Waterford, Stephen Keane, aged 33, was convicted of the brutal murder of 60‑year‑old John Lowe on 13 December 2018 and sentenced to life imprisonment. Keane had pleaded guilty to manslaughter but not to murder. He claimed he struck Lowe once with a punch, that Lowe had approached him with a knife, and that he was intoxicated and had no legal advice when he made admissions to Gardaí. The trial judge ruled the Garda notebook entries of Keane's admissions admissible, and the jury found him guilty. Keane appealed, arguing that the admissions were made while he was intoxicated and should have been excluded. The Court of Appeal dismissed the appeal, affirming the trial judge's decision that the evidence was admissible and that the judge had correctly applied the law on voluntariness and fairness. The conviction and life sentence remain in force.
The Court of Appeal has dismissed an appeal by Graham Daly, a teacher from Clonree, Newport, Co Tipperary, who was found guilty by a jury of seven counts of raping and sexually abusing his younger brother between January 1998 and December 2002. Daly, who was jailed for eight and a half years in January 2022, argued that the trial judge erred in restricting his cross-examination of the complainant regarding sexual history and in admitting evidence from a cousin, Mr C. The complainant, Thomas Daly, waived anonymity to allow his brother to be named. In its decision, the Court of Appeal, led by Mr Justice John Edwards, affirmed that while accused persons have fair trial rights, complainants also possess rights to privacy regarding their sexuality. The court ruled that cross-examination cannot be used to "pry unnecessarily" into a complainant's personal life. Regarding the second ground of appeal, the court found no unfairness in admitting Mr C's statements, which included allegations that Daly asked how much it would cost to hurt the complainant or his father. The judges determined these were admissible declarations against interest and directly relevant. The appeal was dismissed, upholding the original conviction and sentence.
The Court of Appeal upheld the conviction of a 14‑year‑old who murdered Urantsetseg Tserendorj, keeping his life sentence in force. The teenager, now 17, had denied the murder but pleaded guilty to manslaughter. He was found guilty by a majority jury after two trials, the first ending in a jury disagreement. The appeal argued that the trial judge erred by allowing evidence of a prior attempted robbery and a comment by prosecuting counsel that the teenager "went for the jugular." The Court rejected these claims, stating the evidence was relevant and the comment was not prejudicial. The appeal also challenged the admission of a dying declaration by Tserendorj's husband, which the Court found met the legal test. Finally, the Court dismissed an allegation that the judge's attitude was negative toward the juvenile. The conviction and life sentence remain unchanged.
The Court of Appeal has quashed the fully suspended sentence imposed on Brian Haig, finding it unduly lenient. Haig, a 40-year-old from Roscrea, County Tipperary, pleaded guilty to one count of sexual assault committed on March 10, 2019. The original sentencing judge, Cormac Quinn, had imposed an 18-month suspended sentence at Tipperary Circuit Court in January 2023. The DPP appealed, arguing the headline sentence of two and a half years was too low given aggravating factors, including that the victim was asleep and her clothing was cut off with a sharp blade. The three-judge panel, led by Ms Justice Isobel Kennedy, agreed the offending fell within the mid-range of gravity and displayed premeditation. Consequently, the court set a fresh headline sentence of five years, reduced to three and a half years in prison. The final 12 months of this term are suspended for a period of two years. Haig's counsel had argued for leniency based on his guilty plea, a letter of apology, and a probation report noting a difficult background, but the court determined the custody threshold should have been crossed.
The Court of Appeal upheld a High Court ruling that a woman who made "very serious false allegations" of rape and abuse against her ex‑husband should pay the majority of the legal costs. The High Court had found the woman's claims were "in all probability" fabricated to paint her former husband in the worst light and to coerce him into capitulating to her demands over property, children and finances. The allegations, denied by the husband, did not withstand scrutiny and there were no child‑welfare concerns. The Court of Appeal, comprising Justices Whelan, Faherty and Binchy, dismissed the woman's appeal, agreeing that the trial judge was correct to find her conduct "gross and obvious" and to impose a costs order. The Court also preliminarily ruled that she should pay the husband's costs in the appeal, giving her 14 days to submit objections.
In October 2021, 41‑year‑old Brazilian Renato Gehlen was convicted by a unanimous jury of murdering 37‑year‑old Anne Colomines in Dublin. He denied the murder and claimed that Colomines had stabbed herself during a struggle, producing a knife and cutting herself four times. The State argued that Gehlen's appeal was contradictory to his trial position and that evidence for a provocation defence was lacking. The Court of Appeal, hearing the appeal on 13 October 2023, rejected Gehlen's claim that he could have argued provocation at trial. Justice Úna Ní Raifeartaigh noted that the production of a knife alone did not constitute provocation and that there was no evidence of loss of self‑control. The appeal was dismissed, leaving Gehlen's mandatory life sentence in place. The case remains at the appellate stage.
The Court of Appeal upheld a one‑year custodial sentence for a 13‑year‑old who orally raped his 7‑year‑old cousin and committed four further sexual assaults. The appeal was dismissed because the judge had imposed the minimum sentence the law allowed. The court noted that the youth, now 18, would be transferred to an adult prison for the remainder of his term, a decision left to the executive. The judge's role was to impose an appropriate sentence, and the court found no error in requiring custodial detention. The case was heard at the Central Criminal Court, where the defendant pleaded guilty to four counts of sexual assault and was convicted of oral rape. The judge reduced the headline sentence from eight to four years, then to one year, citing the offender's immaturity and mitigating factors. The appeal was rejected on all seven grounds presented.
In a Court of Appeal hearing on 12 October 2023, Aaron Brady's defence argued that two jurors in his 2020 murder trial may have visited Crossmaglen after the verdict, a claim that required clarification. Brady, aged 32, was convicted of murdering Garda Adrian Donohoe and sentenced to life imprisonment with a 40‑year minimum, plus a concurrent 14‑year robbery term. The defence sought leave to raise this as a new ground of appeal, citing a meeting between a juror and the jury minder on 3 March 2021 and a subsequent encounter on 16 June 2022. Brendan Grehan SC, representing the Director of Public Prosecutions, maintained that the law clearly prohibits questioning jurors about deliberations after a verdict, citing the long‑established rule that such inquiries undermine finality.
In a Court of Appeal hearing on 11 October 2023, Aaron Brady's defence lawyers argued that the State had failed to disclose a police report about steroids found in the home of key prosecution witness Daniel Cahill until after his cross‑examination. The defence claimed this omission undermined Cahill's credibility and made the trial unfair. Brendan Grehan SC, representing the Director of Public Prosecutions, counter‑argued that the late disclosure was a privileged police‑to‑police report and that the defence had chosen not to recall Cahill. He also highlighted that the defence had sought to show a picture of Cahill's penis to the jury, describing it as an attempt to humiliate the witness. The appeal concerns Brady's 2020 conviction for the murder of Garda Adrian Donohoe, for which he is serving a life sentence with a 40‑year minimum. The hearing will continue the following day before a three‑judge panel.
Aaron Brady, convicted of murdering Garda Adrian Donohoe, has taken his appeal to the Court of Appeal. His lawyers argue that the prosecution failed to investigate an interruption of key witness Molly Staunton's testimony, which occurred via video link from New York during the Covid‑19 lockdown. An unseen man interrupted Staunton while she was testifying, and the court later read the jury a transcript of that exchange. Brady's counsel claims this was unlawful and prejudicial, and that the court erred by not ordering an investigation into the circumstances. The Director of Public Prosecutions contends the judge acted within his jurisdiction, that the interruption did not affect the evidence, and that the jury should not be discharged. The appeal hearing will continue tomorrow before a three‑judge panel. The case remains a landmark Irish murder trial, with Brady serving a life sentence with a 40‑year minimum.
Aaron Brady, convicted of murdering Detective Garda Adrian Donohoe, is appealing his conviction in a six-day hearing before the Court of Appeal. On the fourth day, senior counsel Fiona Murphy argued that the trial's integrity was "well and truly breached" when key witness Molly Staunton, testifying via video link from New York, was interrupted by an unseen man who told her to "stop it right now" before the connection was cut. Murphy submitted that the trial court erred in refusing to discharge the jury, claiming the disruption rendered the trial "fundamentally flawed" and that the State failed to implement adequate safeguards for the witness. She contended that the jury might perceive the interference as prejudicial to Brady, despite no evidence linking the man to the appellant. In reply, Lorcan Staines SC for the DPP stated that declaring Staunton a hostile witness was a discretionary matter for the trial judge. Brady, who was found guilty by an 11-to-1 majority jury at the Central Criminal Court in August 2020, is serving a life sentence with a 40-year minimum term for the murder, which occurred during a robbery in 2013. He was also sentenced to 14 years for the robbery, running concurrently. The appeal continues before Mr Justice John Edwards, Ms Justice Isobel Kennedy, and Ms Justice Tara Burns.