During a six‑day appeal hearing, Aaron Brady's counsel, Michael O'Higgins SC, argued that a secret tape recording of a US Special Agent, Matt Katske, coercing a suspect to implicate Brady in the murder of Garda Adrian Donohoe should have been admitted as evidence. The recording, described as "liquid gold," shows Katske offering assistance and threatening a suspect's brother in exchange for information that would place Brady in the frame. O'Higgins claimed the trial judge erred by refusing to allow the tape before the jury and by denying cross‑examination of Katske. The appeal also contends that the deportation of Brady to Ireland was effectively an extradition, undermining his trial rights. Brady, 32, is serving a life sentence with a 40‑year minimum for the 2013 murder and a concurrent 14‑year robbery sentence. The appeal will continue before the Court of Appeal on Monday. Aaron Brady was found guilty.
In a six‑day appeal hearing, Aaron Brady's counsel argued that the Court of Appeal erred by not ordering an oral hearing on the disclosure of US Homeland Security documents that limited the evidence two US special agents could give. Brady, convicted in 2020 of murdering Garda Adrian Donohoe and sentenced to life with a 40‑year minimum, is seeking to overturn his conviction. The appeal also contends that the prosecution failed to disclose letters of scope in a timely manner, which restricted the testimony of Special Agents Mary Anne Wade and Matt Katske. The letters, said to have prevented the agents from revealing the immigration status of witnesses, were allegedly not disclosed until May 2020. The hearing continues with the defence expected to raise further complaints about a video‑link witness. The case remains an ongoing appeal before the Court of Appeal.
The Court of Appeal has quashed the rape conviction of an unnamed 20-year-old Laois man, ordering a retrial. The appellant, who had pleaded not guilty to raping a friend on wasteland on Halloween night in 2019 when they were teenagers, was originally sentenced on July 25 to three years in prison, with the final six months suspended on strict conditions including Probation Service engagement and a consent course. His conviction was overturned on Monday after the court accepted new evidence: a post-trial affidavit from a 14-year-old friend of the complainant. This witness claimed the complainant had expressed sexual desire towards the defendant prior to the alleged incident, evidence counsel Ronan Munro SC argued was excluded during a defective Garda investigation. The three-judge panel, led by Mr Justice Patrick McCarthy, ruled the evidence was potentially relevant and admissible, stating it must be tested by a jury. The State's argument that the evidence was merely collateral was rejected. Mr Justice John Edwards remanded the appellant on bail, directing that the case return to the Central Criminal Court to set a date for the retrial. The appellant, who has no previous convictions, maintains the encounter was consensual.
During a six‑day appeal hearing, Aaron Brady's counsel argued that the jury's deliberations were compromised by the Covid‑19 pandemic. Brady, convicted in 2020 of murdering Garda Adrian Donohoe and sentenced to life with a 40‑year minimum, claimed that jurors were worried about dying or about loved ones dying, which he said deteriorated the quality of their deliberations. The appeal focuses on defence complaints about two witnesses who testified via video link from New York during the pandemic. Brady's trial, the longest murder case in Irish legal history, lasted 122 court days and concluded with an 11‑to‑one jury verdict. The appellate court heard arguments that the trial judge should have discharged the jury, but the judge had exercised discretion to continue the case. The appeal will proceed the following day before a three‑judge panel.
A Laois man, now 20, had his rape conviction quashed by the Court of Appeal after new evidence was admitted. The evidence came from a post‑trial affidavit by a 14‑year‑old friend of the complainant, who claimed the defendant had previously had sexual encounters with the complainant and that the complainant had expressed sexual desire to the defendant before the alleged rape. The court found the evidence potentially relevant and admissible, ruling that it could be presented to a jury. The original trial had found the defendant, who was 16 at the time, guilty of raping a 15‑year‑old friend on Halloween 2019. He had been sentenced to three years' imprisonment with the final six months suspended, and was ordered to attend a consent course and register as a sex offender. The appeal court overturned the conviction, citing the new evidence as a matter of principle. The case remains at the appeal stage. The unnamed 14-year-old pleaded not guilty.
Aaron Brady, 32, of New Road, Crossmaglen, Co Armagh, is serving a life sentence with a 40‑year minimum for the murder of Detective Garda Adrian Donohoe, 41, on 25 January 2013 at Lordship Credit Union in Bellurgen, Co Louth. Brady was found guilty in August 2020 by an 11‑to‑one jury at the Central Criminal Court. His appeal, originally scheduled to begin on Tuesday, was adjourned to Wednesday due to a strike by criminal barristers who are campaigning to reverse cuts to legal aid fees. The Court of Appeal, presided over by Mr Justice John Edwards, granted the adjournment after the Director of Public Prosecutions explained that the entire criminal bar would be unavailable to commence the seven‑day hearing on Tuesday. The appeal will focus mainly on defence complaints regarding two witnesses who testified via video link from New York during the Covid‑19 crisis.
In a Court of Appeal decision on 28 July 2023, the €25,000 fine imposed on Palfinger Ireland Ltd for health and safety breaches related to a crane incident that caused the drowning of two stonemasons was upheld as not unduly lenient. The incident, which occurred on 29 August 2015 on the Thomond Bridge, involved a steel cage that fell into the River Shannon, killing Bryan Whelan (29) and TJ O'Herlihy (36). A third worker, Paul Murphy, survived. Palfinger supplied the crane to Nationwide Crane Hire, which was fined €200,000 for similar breaches. The Court of Appeal rejected the State's argument that the fine was too low, noting that the sentencing judge had considered aggravating factors and the long period of safe operation of the crane. The appeal was dismissed, confirming the fine as appropriate under the 1993 Act.
A 14‑year‑old teenager, now 17, has appealed his murder conviction for the killing of Urantsetseg Tserendorj, arguing that evidence of a second attempted robbery, which occurred 25 minutes after the fatal stabbing, was prejudicial. The appeal contends that the trial judge erred by allowing the prosecution to call this evidence and by permitting a sensationalist comment in the opening address. The court ruled that the second incident evidence was admissible, citing its relevance to the appellant's state of mind regarding the use of a knife. The appeal also questions the admissibility of a dying declaration and the judge's handling of the case's atmosphere. The Court of Appeal has reserved judgment on the appeal. Urantsetseg Tserendorj pleaded guilty.
A Dublin man, Declan Tynan, aged 33, spent 11 months in jail after being wrongly identified as one of three men who attacked a customer at a Ladbrokes bookmakers in Tallaght on 13 December 2012. The prosecution's case relied on a single visual identification by a Garda from CCTV footage. Tynan pleaded not guilty, was found guilty by a jury, and sentenced to four years with the final year suspended. He appealed on the grounds of the perils of visual identification, but the Court of Appeal initially upheld the conviction. Later, a third party came forward claiming to be the third attacker, and a UK Met Police evaluation of photographs and stills confirmed Tynan's innocence. In April 2018 the Court of Appeal quashed the conviction under Section 2 of the Criminal Procedure Act 1993.
In a Court of Appeal decision on 28 July 2023, the conviction of Bajo Ziflai, a 23‑year‑old Albanian national, was quashed. Ziflai had been found guilty by a jury of four counts of raping a 23‑year‑old woman he met on a dating website, where he used a false name, and one count of sexual assault. The original trial, held in Central Court in July 2022, had sentenced him to nine years' imprisonment. Ziflai had pleaded not guilty to all five charges and maintained that the woman's allegations were fabricated. The appeal argued that the trial judge erred in how the jury was instructed on the significance of lies told by the accused. The Court of Appeal, led by Mr Justice Patrick McCarthy, held that the jury may not have fully understood the role of lies, found the verdict unsafe, and directed a retrial. No new sentence was imposed.
Jonathan Duke, 27, strangled at Bridge House, Bandon, on 12 November 2011, had his body moved downstairs, trussed with an electrical cord and thrown into the River Bandon. A day earlier, 42‑year‑old John Forrester had been killed in the same building and his body also disposed of in the river. Duke, a father‑of‑one, was visiting Forrester's murderers when he learned of the previous day's killing. Catherine O'Connor, former girlfriend of the victims, is serving life for both murders. Her boyfriend, Ciprian Grozavu, 49, denied murdering both men and was tried separately. Grozavu was found guilty of both murders and sentenced to life, but his murder conviction was quashed on appeal and he was retried in 2021. He was acquitted of murder but found guilty of two counts of impeding the apprehension or prosecution of another.
Marlies Walsh, 51, of Pedlers Cross, Clonakilty, pleaded guilty on the first day of her trial to one count of repeated harassment of a Temple Street Hospital doctor in 2018 and 2019. She had contacted the doctor and other hospital staff by phone and email from December 2017 to August 2020 while her 21‑year‑old son, a kidney transplant patient, was cared for at the hospital. The judge found that Walsh had engaged in repeated harassment and imposed a two‑year sentence, fully suspended on strict conditions, and barred her from contacting the doctor or approaching his residence or workplace for 20 years. At the Court of Appeal, Walsh, representing herself, claimed she was under duress and that her guilty plea was made to prioritise her son's care. The appeal was dismissed, with the court reserving its judgement.
Sean Nolan, 38, has been ordered to remain in prison after the Court of Appeal dismissed his bid to overturn his conviction for the murder of Amanda Carroll. In October 2020, a jury convicted Nolan of murder, a charge to which he had pleaded not guilty, though he admitted to manslaughter. He was sentenced to a mandatory term of life imprisonment by Mr Justice Michael MacGrath. The appeal, heard by Mr Justice George Birmingham, challenged the admissibility of roadside notes taken by gardaí and the trial judge's guidance to the jury regarding intoxication and the definition of serious injury. Mr Justice Birmingham ruled that the trial judge had exercised discretion correctly in admitting the roadside remarks, noting they were consistent with Nolan's formal interviews. He further held that the judge's instructions on intent and serious injury adhered to long-established legal practice. The Court of Appeal concluded that the trial was not unfair and the verdict was safe, thereby upholding the original conviction and sentence.
In a 2023 decision, the Court of Appeal quashed the confiscation of almost €400,000 in catch and gear from the Dutch factory ship Wiron 5, whose skipper, Klass Dirk Meijvogel, had been convicted in 2015 for a single technical fishing offence. The original penalty, imposed by Judge Seán Ó Donnabháin, ordered the forfeiture of €344,960 worth of fish and €55,000 worth of gear. The appeal court found that the judge was misled by counsel, who insisted the judge had no discretion and must order forfeiture. It deemed the confiscation disproportionate and overturned the penalty. The court will later hear arguments from both sides to determine a proportionate penalty. Meijvogel had pleaded not guilty but was found guilty by a 10‑2 jury at Cork Circuit Criminal Court.
Michael Collins, 49, was convicted in 2019 of dangerous driving causing the death of 20‑year‑old Jillian Thornton, who was thrown from his car when it split in two during a crash near Ballymagarvey on the N2. Collins had been driving under the influence of cannabis and had fired his legal team at the start of the trial, choosing to represent himself. The Court of Appeal dismissed his appeal, ruling that the right to self‑representation is a constitutional right that can only be overridden in extreme circumstances. The court found Collins fit to plead, medically assessed as capable of defending himself, and that no breach of EU law occurred. The appeal was rejected, affirming that Collins' decision to defend himself was a voluntary, informed choice. The case remains at the trial stage with the 14‑year sentence upheld.
In a 2023 appeal, the Court of Appeal reduced the 40‑year‑old father's 14‑year prison sentence to 13 years for the brutal torture of his nine‑year‑old daughter, whom he and his wife believed was possessed by an evil spirit. The father's sentence was lowered by one year after the appellate judge, Ms Justice Isobel Kennedy, found his culpability to be "marginally less" than his wife's, who retained a 14‑year sentence. The appellate judge agreed that both parents were guilty of "barbaric acts on a defenseless child" but disagreed that they were equally culpable. The father's appeal also argued that his loss of access to his other children should be a mitigating factor, but the judge rejected this claim. The case remains at the appellate stage, with the father's sentence now set at 13 years of imprisonment.
A Court of Appeal judge has refused the Garda Ombudsman Commission access to ambient audio recordings made during a court incident at the Four Courts in Dublin. The recordings relate to an investigation into garda conduct during a disruption at the Court of Appeal in March when Simeon Burke, aged 24 and resident in Castlebar, County Mayo, was arrested. Burke was subsequently convicted of a public order offence arising from threatening, insulting and abusive words and behaviour. Mr Justice John Edwards declined GSOC's application, citing concerns that the ambient recording system operated without the awareness of those present, potentially amounting to covert audio recording. The judge identified further issues including data protection rights and questions of jurisdiction over the recordings. He noted that the Courts Service, rather than the court itself, may be the appropriate data controller. While not closing the door to a renewed application, Mr Justice Edwards indicated GSOC would need to produce evidence that the ambient system was actually functioning at the time.
In July 2023 the Court of Appeal quashed the conviction of a 73‑year‑old Limerick pensioner who had been sentenced to seven years' imprisonment in 2022 for indecently assaulting his two nieces in the 1980s. The appeal was based on the admission of rebuttal evidence from the first complainant's husband, which the court held was not properly excluded. The judge ruled that the evidence supported the complainant's credibility and that the original trial had erred in its discretion. The appeal covered all three counts of indecent assault, which had been heard together, and the court therefore quashed the entire conviction. The case had involved allegations of sexual assault in the accused's family home, with the first assault alleged to have occurred between May 1986 and October 1987, and the second and third between May 1987 and May 1989. The pensioner had pleaded not guilty to all charges. The Court of Appeal's decision was delivered by Ms Justice Isobel Kennedy.
A man's conviction for rape and sexual assault has been quashed by the Court of Appeal following concerns about jury impartiality and the handling of evidence at trial. Stephen Lynch, with an address in Offaly, was convicted in May 2021 at the Central Criminal Court of raping his then partner's sister, aged 15, at a property in Athlone, County Roscommon, in October 2015. He was also convicted of sexual assault and assault causing harm relating to incidents in December 2015. He had pleaded not guilty to all charges. The appeal court heard that jurors reported concerns they had been photographed in the car park outside court, though a phone retrieved by gardaí contained no images. The trial judge declined to discharge the jury after they indicated the matter had been resolved. Ms Justice Isobel Kennedy stated the court harboured disquiet that no proper inquiry was conducted into what had occurred or how it was resolved.
The Court of Appeal has dismissed Jonathan Dowdall's appeal against his four-year sentence for facilitating the murder of David Byrne at the Regency Hotel. The three-judge panel, led by Mr Justice George Birmingham, described the sentence as "very lenient" and within the available range, rejecting arguments that it was unduly severe. Dowdall, who pleaded guilty to making a hotel room available to the Hutch gang ahead of the February 2016 attack, had argued his sentence was too high compared to his father, Patrick Dowdall, who received two years for the same offence. The appeal court found a clear basis for differentiating their roles, noting Jonathan Dowdall's significant post-murder involvement, including driving an associate to Northern Ireland. The court also rejected claims that the sentencing judge failed to adequately consider the life changes resulting from Dowdall becoming a State's witness. While acknowledging the assistance provided was "very significant," the judges upheld the Special Criminal Court's decision, stating that even a higher pre-mitigation headline sentence would not have warranted intervention. The appeal was heard after Dowdall's counsel argued he was "duped" and that the sentence did not properly account for his cooperation with authorities. The court emphasized that the Hutch organisation was a "tier one criminal organisation," not a minor group, and that Dowdall's actions were "very serious indeed."
In a case involving a 62‑year‑old school bus driver, the Court of Appeal increased his prison term from three years and six months to six years and six months. The driver had pleaded guilty in 2021 to indecent assault offences committed between 1985 and 1988 and to possession of child pornography in 2014. The original sentencing judge had suspended the final two years of the seven‑year indecent assault sentence and the final two years and six months of the three‑year child‑pornography sentence, citing the 30‑year lapse since the assaults. The Court of Appeal found this suspension an error of principle, stating it did not reflect the seriousness of the offences. The driver had been in custody, participating in a rehabilitation programme, and the appeal resulted in a new, longer custodial term.
During an appeal of Feri Anghel's life sentence for the murder of Artene Bob, a Court of Appeal judge noted that the evidence could allow for a third party's involvement. The judge said that the injuries and forensic findings suggested more than one person may have struck Bob, who was found dead in Tallaght's Sean Walsh Memorial Park on 13 April 2018. Anghel was convicted on circumstantial evidence, with no DNA linking him to the scene, while DNA from four other individuals was found on Bob's glasses. The judge highlighted that Bob's injuries were consistent with multiple assailants and that the pathologist's testimony supported this possibility. He concluded that a rational inference could point to a third party, and the court would reserve judgment pending further review of CCTV footage. Feri Anghel pleaded not guilty.
In a Court of Appeal hearing on 13 July 2023, Declan Hannon, aged 52, lost his bid to overturn a 2019 conviction for four counts of rape and two counts of indecent assault against a nine‑year‑old girl in Co. Wicklow. Hannon had pleaded not guilty but was found guilty by a jury on all six counts and sentenced to seven years' imprisonment by Mr Justice Michael White. The appeal argued that the trial judge should have discharged the jury due to prejudice from delays, missing witnesses, and undisclosed evidence. The Court of Appeal, led by Ms Justice Úna Ní Raifeartaigh, rejected all grounds, concluding that the trial was fair and that no prejudice warranted a jury discharge. The decision reaffirmed Hannon's conviction and sentence. The case also highlighted the victim's repeated court appearances and the earlier legal battle that led to Hannon's name being publicly released.
In a Court of Appeal hearing on 11 July 2023, Suzanna Hassett, aged 66, had her eight‑year jail sentence reduced by two years after a judge described her sexual abuse of her son as a "huge betrayal of trust." Hassett had pleaded guilty to 13 counts of indecent assault between 1984 and 1987, when her son was an infant to three years old, and to four counts of sexual assault between 1992 and 1995, when he was seven to 11. She had no prior convictions. The original sentence, imposed by Judge Martin Nolan, was eight years with the final 18 months suspended. The Court of Appeal set a headline sentence of five years for the first series of offences, reduced to three years after mitigation, and a headline of five years for the second series, also reduced to three years. The two terms run consecutively, giving a total of six years with 18 months suspended.
In a 2023 Court of Appeal decision, a 43‑year‑old man who had been jailed for 18 months for repeated rape of a vulnerable foster brother and sexual assault of another foster sibling was found to have received an overly lenient sentence. The Court quashed the original 18‑month term for the oral rape of the younger boy and re‑sentenced him to four years for those offences, suspending the remaining time for two and a half years. The man, who was aged 15‑18 at the time of the offences, had been convicted of four counts of oral rape and 12 sexual assaults between May 1995 and December 1998. He had pleaded not guilty but accepted the jury verdict. The Court noted that returning him to prison after his release in December 2022 would be "unjust" and an "additional punishment", so he will not be returned to custody.
William Eagers, 63, has had his life sentence backdated by three years following an appeal at the Court of Appeal. Eagers pleaded guilty to the murder of his wife of 34 years, Jean Eagers, in their home in Clonsilla, north Dublin, on June 21, 2020. The original sentencing judge, Ms Justice Mary Ellen Ring, refused to backdate the sentence to the date Eagers entered custody, citing the 'very late' plea and the distress caused to the victim's family as aggravating factors. Consequently, his sentence commenced on March 10, 2023, the date of his plea. However, Mr Justice George Birmingham at the Court of Appeal ruled that the trial judge had made a 'departure from the norm' by failing to account for the guilty plea as a mitigating factor. Justice Birmingham stated that an accused 'always receives some credit in plea' and ordered the sentence to be backdated to June 21, 2020. This adjustment means Eagers will be eligible for parole consideration at age 75, rather than 78. The appeal was successful, resulting in the effective custody period being extended to include the three years he spent in detention prior to sentencing.
A man with 86 previous convictions, including for domestic violence, has had his custodial sentence doubled following a Court of Appeal ruling. Jason Doyle (28) of Tower Hill, Ballymote, County Sligo, pleaded guilty to one count of assault causing harm against his then partner at their home on 10 January 2021. Sligo Circuit Criminal Court had imposed a two-year sentence with 15 months suspended. The State appealed on grounds of undue leniency. The victim sustained injuries including bleeding to the head, bruising to the jaw-line, and blows to the back of her head and body during the overnight incident. Justice Isobel Kennedy, delivering the Court of Appeal's judgment, found the lower court had erred in principle by applying an excessive mitigation discount. The court substituted a headline sentence of three years with nine months credited for the guilty plea and nine months suspended, resulting in an 18-month custodial term.
In a Court of Appeal hearing on 3 July 2023, John D Fitzgerald SC argued that Edmundas Dauksa, 53, was provoked when his former partner, Ingrida Maciokaite, 31, decided not to bring their six‑year‑old daughter to his home on the day of the murder. Dauksa had been convicted in May 2021 of murdering Maciokaite by stabbing her 19 times in a darkened archway in front of the child. The defence claimed the decision to withhold the child, made after a District Court granted her sole custody, caused Dauksa to become "very distraught" and "destroyed as a human being." Fitzgerald said the phone call from Maciokaite at about 2 pm was the trigger and could amount to provocation, even though it was not a face‑to‑face confrontation. The judge, Mr Justice John Edwards, noted Dauksa was in a self‑induced state of intoxication and that the court would reserve judgment on the provocation claim. Edmundas Dauksa pleaded not guilty.
In a Court of Appeal hearing on 3 July 2023, the State argued that the fully suspended two‑year sentence imposed on James 'Jake' Boles for coercive control and five assault offences was too lenient. Boles, aged 24, had been convicted in January for repeatedly dragging his partner by the hair, slamming her head, punching her face and verbally abusing her over a period from 1 January to 5 April 2019. The victim, aged 22, had waived anonymity. The State, represented by Carl Hanahoe BL, contended that the physical violence was frequent and severe, constituting an aggravating factor, and that the judge had applied an excessive discount for mitigating circumstances. The Court of Appeal, hearing the case, noted the weekly nature of the assaults and the impact on the victim, and the judge had suspended the sentence until 2027 with onerous conditions. The Court reserved judgment until 21 July 2023.
The Court of Appeal upheld a lower court's ruling that a young girl, taken by her mother to Ireland, must be returned to the EU country where she previously lived after her father applied for child abduction under the Hague Agreement. The father claimed the move was without his consent, while the mother argued that she and the girl had moved to Ireland exercising EU freedom of movement rights and that the father had consented. The High Court had already ruled in favour of the father, ordering the girl's return to her habitual residence. The mother appealed, alleging the High Court hearing was unfair and unconstitutional, citing an expert report that questioned the child's reliable statements. The Court of Appeal dismissed all appeal grounds, declined to refer the case to EU courts, and affirmed the order directing the child's return. The decision was made by Justices Binchy, Pilkington and Allen.
The Court of Appeal quashed a fully suspended sentence for a 33‑year‑old domestic abuser who groomed and sexually assaulted his partner's daughter, aged 12‑13, and re‑sentenced him to two‑and‑a‑half years' imprisonment. The original judge had sentenced him to 2½ years, discounted six months for mitigating factors, and suspended the whole term. The appeal argued the sentence was too lenient, citing grooming, alcohol use, breach of trust, and the victim's status as a child. The Court of Appeal set a headline sentence of four years, reduced by one year for mitigation, and suspended the final six months. The man was ordered to serve the remaining three years in custody, with post‑release supervision for two years. The decision was based on the seriousness of the offences and the lack of remorse, and on the fact that the original suspended sentence was deemed unjustified.
The Court of Appeal has quashed the original sentence of James Davy, who was convicted of impeding the apprehension of Sean Davy following the murder of Thomas 'Toddy' Dooley. Davy's conviction for murder was previously overturned in 2021, substituting it with a lesser offence for attempting to dispose of a baseball bat and burning the victim's body. Mr Justice George Birmingham ruled that the original nine-year sentence, with two years suspended, was excessive because the re-sentencing judge failed to adequately consider mitigating factors, including Davy's early plea, remorse, mental health difficulties, and productive prison conduct. The court reduced the sentence to eight years' imprisonment, with the final two years suspended, and marked the sentence as served. Davy had already served six years and nine months before his release in September 2021. Mr Justice John Edwards noted that the re-sentencing judge made no reference to these mitigating circumstances, which Davy was entitled to have taken into account. The court emphasized that while the offending was egregious, Davy was entitled to a proportionate sentence reflecting standard mitigation. Sean Davy, the principal offender, remains serving a life sentence for murder, while Mathew Cummins, who admitted to setting fire to the body, was also convicted of impeding apprehension. The appeal was dismissed as moot by the State, but the court affirmed Davy's right to due process and a correctly calibrated censure.
Jonathan Dowdall, a former Sinn Fein councillor, appealed his four-year sentence for facilitating the murder of David Byrne at the Regency Hotel. Counsel Michael O'Higgins SC argued Dowdall was "duped" and placed in the "firing line" for a disinformation plan, contending the Special Criminal Court failed to adequately weigh the life changes resulting from his cooperation. Dowdall had pleaded guilty to the facilitation charge, which involved his father, Patrick Dowdall, booking a room on February 4, 2016. Patrick Dowdall was separately jailed for two years for his role in the same offence. The Court of Appeal, presided over by Mr Justice George Birmingham, noted Dowdall had previously served a substantial sentence for torturing Alexander Hurley, a conviction for which he and his father had successfully appealed earlier. The judges questioned whether a defendant with such a history could expect a better outcome, noting the sentencing court had already applied unusual discounts. The appeal challenged the headline sentence and plea discount, but the court highlighted the appellant's prior convictions and the impact of his decisions on his family. The matter was adjourned.
In a 2023 Central Criminal Court case, a 43‑year‑old man was sentenced to 18 months' imprisonment for raping and sexually assaulting two foster brothers between 1995 and 1998. The younger victim, aged 11 when the abuse began, was raped orally four times and assaulted sexually seven times; the older brother, aged 12, was assaulted four times. The defendant, aged 15‑18 during the offences, pleaded not guilty but accepted the jury verdict. The trial judge, Justice Deirdre Murphy, treated the case as a juvenile offence, citing the defendant's low intellectual functioning and the victims' vulnerability. The Court of Appeal heard that the State argued the sentence was too lenient, citing a 2½‑year concurrent discount and the failure of authorities to act on an earlier complaint. The judge noted the defendant's post‑conviction acknowledgement of guilt and the impact of the abuse on the victims. The case remains under appeal.
A man has launched an appeal against his conviction for rape and sexual assault following a trial in the Central Criminal Court. Stephen Lynch, with an address in County Offaly, was convicted in May 2021 of raping a fifteen-year-old girl at a property in Athlone, County Roscommon, in October 2015, and of sexually assaulting another young woman and assaulting her friend in December 2015. Lynch pleaded not guilty to all charges. At the Court of Appeal, his legal representatives argued the jury should have been discharged due to concerns they were photographed during the trial and following a reference by a witness to previous stories about the accused. The State's counsel submitted these issues were resolved at trial and were not sufficiently prejudicial to warrant discharge. The appeal court reserved judgment. Lynch was sentenced to eight years and nine months for the rape offence and concurrent sentences totalling two years and nine months for the other convictions.
Gerry Connors, aged 26, had his original four‑and‑a‑half‑year sentence for false imprisonment and robbery reduced by one year on appeal. In April 2020 he and a companion unlawfully entered a home on Ballyogan Road, repeatedly punched the victim, threatened him with scissors, forced him to strip, and robbed him of his car keys. The incident lasted 20‑30 minutes. In November 2018 he also robbed Aaron Campbell on Kilcross Estate, taking headphones, €150 and cigarettes after threatening him. Connors pleaded guilty to both offences and showed remorse. The Court of Appeal, citing his drug‑free status and rehabilitation efforts, quashed the original sentence and re‑sentenced him to six years' imprisonment, with two‑and‑a‑half years suspended, allowing him to continue his rehabilitation work. The appeal focused on balancing punishment with rehabilitation, not on any new facts beyond those presented in the trial.
The Court of Appeal has reserved its judgment in an appeal by James Davy regarding the severity of his sentence. Davy, along with Mathew Cummins, was initially convicted of murdering Thomas 'Toddy' Dooley in 2014. In 2021, the Court of Appeal quashed these murder convictions, finding no evidence of a joint enterprise to kill. Instead, the court substituted convictions for impeding the apprehension of Sean Davy, who remains serving a life sentence for the murder. Davy was re-sentenced to nine years in jail, with the final two years suspended, but the sentence was marked as served. He was released in September 2021 after serving six years and nine months. Davy now appeals against the severity of this already-served term, arguing it negatively impacts his job prospects. Counsel for the State described the appeal as moot. However, Mr Justice Edwards noted that while the sentence is served, Davy is entitled to due process and a proportionate censure. He criticized the re-sentencing judge for failing to consider Davy's remorse, mental health, addiction, and prison progress. The court will decide whether the sentence was excessive given these unaddressed mitigating factors.
Kevin Coade, 44, was found guilty of trespassing and theft at an 81‑year‑old neighbour's house on 25 July 2018. He was sentenced to seven years' imprisonment, with the last two years suspended, by Judge Sean Ó Donnabháin. Coade appealed, arguing that the trial judge erred by allowing the identification evidence of the then Lord Mayor of Cork, Councillor Michael Finn, and other witnesses, including CCTV footage from a local pub, to be presented to the jury. The Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal. Birmingham held that the identification evidence was not inferior to a formal parade and that the judge had discretion to admit it. He also dismissed the claim that the jury should have been warned about possible false statements by Coade, concluding that no lies had been proven. The appeal was dismissed, leaving the conviction and sentence intact. Kevin Coade pleaded not guilty.
The Court of Appeal upheld a 5‑½‑year jail sentence for a 55‑year‑old man who abused five sisters between 1980 and 1988. The abuse began when the man was 12 and ended when he was 20. The sisters were aged seven to 13 at the time of the abuse. He pleaded guilty to one count of rape and six counts of indecent assault. In February 2022 he received a total of six years and six months' imprisonment, with the final 12 months suspended. The judge ordered the three‑and‑a‑half‑year rape sentence and the three‑year indecent‑assault sentence to run consecutively. The appeal argued that consecutive sentences ignored mitigating factors such as the offender's age, cognitive difficulties, lack of insight and remorse, but the Court of Appeal rejected the appeal, finding the judge had carefully considered all mitigating factors and that the consecutive sentences were appropriate and not unduly lenient.
Gardai and Simeon Burke will receive audio recordings of court proceedings as part of an appeal against his conviction for a public order offence. Burke, aged 24 and with an address in Castlebar, Co Mayo, was arrested following a disruption at the Court of Appeal on 7 March during a hearing concerning his brother Enoch Burke's suspension from Wilson's Hospital School. He was subsequently convicted under the Public Order Act for threatening, insulting and abusive words and behaviour at the Four Courts. Mr Justice John Edwards at the Court of Appeal ruled that only recordings made while the court was sitting should be released, rejecting arguments that ambient recordings constituted covert State surveillance. The judge determined the key issue for the appeal at Circuit Court is whether the judge ordered the courtroom cleared before gardai removed Burke. He permitted parties to seek further recordings if necessary.
The Court of Appeal has been asked to consider quashing the sentence of a teenager who raped his seven‑year‑old cousin. The boy, aged 17 when convicted in February, was sentenced to one year's detention in Oberstown. He is now over 18 and will be transferred to an adult prison by 17 October, where he must serve the remaining 31 days. Lorcan Staines SC argues that the trial judge could not have imposed a non‑custodial sentence on a child and that the appellate court should either quash the sentence or affirm it. The State, represented by John William Fennelly BL, notes that the 31 days are not excessive given the nature of the offences and that the appellant did not accept the jury verdict. The court will reserve judgment. The unnamed 17-year-old pleaded guilty.
Defrocked priest Denis Nolan, aged 71, had his prison term quadrupled by the Court of Appeal. He had previously been jailed for seven years in 2014 for sexually abusing a boy over five years, and for six years in 2017 for rape and abuse of another boy. In December 2023 he pleaded guilty to three counts of anal rape, one of oral rape and five of sexual assault of a third boy, with offences dated 2001‑2005. The trial judge imposed a nine‑year sentence, suspending seven‑and‑a‑half years, but the Court of Appeal quashed that and imposed a new six‑year term to run consecutively with his existing sentence, which expires in December. The appeal was based on the claim that the suspended portion was unduly excessive and that the original sentence did not reflect the overall gravity of the offences.
James Meagher, a 39‑year‑old Kilkenny hurling coach, was convicted of defrauding a childhood friend of €42,000, an amount that the victim had believed was an investment in a non‑existent sliotar business. The fraud was prosecuted under Section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001, with seven additional offences considered. Judge Elva Duffy sentenced Meagher to two years in prison, suspended the final 18 months, and postponed the start of the custodial term until 1 June to accommodate his college commitments. Meagher had appealed the severity of the sentence on 18 April but withdrew that appeal at a brief Court of Appeal hearing. He had previously coached the Kilkenny minor hurling team and was part of the Ballyhale Shamrocks backroom staff that won the All‑Ireland club championship this year. The victim's impact statement described a loss of self‑esteem and a sense of betrayal. James Meagher pleaded guilty.
Letitia Barry, 23, pleaded guilty to driving without due care and attention, causing the death of John Byrne, 39, at a pedestrian crossing in Rush on 7 June 2019. Barry was sentenced to eight months' imprisonment, fully suspended, and received a six‑year driving ban at the Dublin Circuit Criminal Court. The Court of Appeal found that the interpretation of the law for first‑time careless driving offenders had not been properly applied, and that a mandatory four‑year ban should not automatically apply when the offender has no prior convictions. The appeal argued that the judge had not explained the basis for the six‑year ban and that the statutory ban should have been four years. The Court of Appeal therefore quashed the six‑year ban and substituted a four‑year driving ban, citing the tragic circumstances of the case.
In a 2023 Court of Appeal decision, the three‑judge panel ruled that if a juvenile sentencing error is found, the appeal court cannot impose a new sentence once the offender turns 18. The case concerned a 20‑year‑old man who had been sentenced to life detention with a 13‑year review after pleading guilty to the murder of 20‑year‑old student Cameron Blair. The judge, Mr Justice Paul McDermott, had sentenced him in April 2020 when he was just shy of 18. The appeal court can only quash the original sentence or impose a sentence that could have been given at trial, but it cannot order detention for an adult or imprisonment if that was not an option at sentencing. The court noted that the offender would be transferred to an adult prison after 18, and that the appeal court is constrained by the options available at the trial court.
The Court of Appeal has reduced the driving disqualification imposed on Father Ned Hassett from two years to 18 months. Fr Hassett, a 53-year-old parish priest in Dungarvan, Waterford, pleaded guilty in November 2021 to careless driving causing serious harm. The offence stemmed from a crash on the N25 on April 30, 2021, where he allegedly failed to see motorcyclist Bobby Bohill, who was participating in a charity event. Mr Bohill suffered a broken femur and a traumatic brain injury, described by counsel as life-changing, though he has since made a good recovery. At the original sentencing in the Circuit Criminal Court, Fr Hassett was disqualified for two years and fined €250. During the appeal, his lawyer highlighted that he had already served 15 months of the ban, forcing him to cycle around his rural parish to attend to his flock. Mr Justice George Birmingham acknowledged the offence's seriousness but noted Fr Hassett's impeccable previous character and incident-free driving history. The judge also referenced a recent Court of Appeal ruling establishing that disqualification periods are discretionary rather than mandatory minimums. Consequently, the court agreed to reduce the disqualification period to 18 months, effectively shortening the remaining ban.
Niall Kennedy, a former soldier, was convicted in December 2021 on twelve counts of rape and additional charges of harassment and threats. He was sentenced to twelve years' imprisonment, with the final two years suspended for five years on strict conditions. Kennedy, aged 32, denied the charges. His appeal argues that the trial judge failed to issue a corroboration warning to the jury about the uncorroborated evidence of the complainant, who admitted to lying about her relationship with Kennedy and about a male friend's drug use. The appeal also contends that the judge should have warned the jury about Kennedy's state of mind and the alleged consensual nature of the intercourse. The Court of Appeal will consider whether the absence of such a warning affected the jury's deliberations. The case remains at the appeal stage.
A 55‑year‑old man was convicted of sexually assaulting an asylum seeker who claimed she had never had sex before a Muslim ceremony. The conviction was quashed by the Court of Appeal after new phone‑data showed the woman had searched for sexual information, suggesting she had prior sexual experience. The judge said this fresh material could have affected the jury's verdict and ordered a retrial. The man was remanded in custody until 7 June with bail. He had pleaded not guilty to multiple counts of rape, sexual assault and attempted rape. The original trial found him guilty of one count of sexual assault, sentencing him to six years with six months suspended and a four‑year post‑release supervision order. The appeal court will adjourn the case to the next legal term for DPP instructions. The man cried and asked, "Can I go home now?".
The Court of Appeal has quashed the conviction of Barry Fergal Jennings, a 57-year-old former priest and Irish Times columnist from Cloonkeerin, Frenchpark, County Roscommon. Jennings had been sentenced to four years imprisonment following his conviction in March 2022 on six counts of sexual assault against a schoolboy at locations in Dublin between September 1998 and December 1999. He had denied the charges. Ms Justice Isobel Kennedy found that the trial judge failed to provide adequate direction to the jury regarding the limited and proper use of evidence concerning complaints made by the victim. The judge stated that such evidence could only demonstrate consistency of the complainant's account, not corroborate the allegations themselves. Ms Justice Kennedy determined that the absence of this instruction rendered the conviction unsafe, as the jury risked accepting complaint evidence as supporting proof of the facts alleged. She concluded there had been a substantial oversight giving rise to apprehension of real injustice, and accordingly quashed the conviction.
In May 2023 the Court of Appeal increased the sentence of Christopher Rafter, 49, from four‑and‑a‑half years to seven years' imprisonment with the final 12 months suspended. Rafter had pleaded guilty to raping and sexually assaulting his two younger sisters, Dolores Prendergast and Linda Rafter, between 1989 and 1993 while he was a minor. The sisters, aged between six and eleven at the time, were abused repeatedly, with Rafter's conduct described as systematic and serial. The original concurrent sentences for the two victims had been criticised as too lenient, and the appeal court found the mitigation and suspended portion too generous. The appeal hearing highlighted the severe and prolonged impact on the sisters, who had suffered family ostracism and ongoing psychological harm. The new sentence reflects the seriousness of the offences and the cumulative nature of the abuse.