A man originally from Sligo has been unsuccessful in appealing his conviction for a serious assault on his former partner. Fergal McNulty (44) was sentenced to eight years imprisonment in July 2012 following his conviction on two counts of assault causing harm. The offences occurred in September 2009 on St Anne's Road in Drumcondra, Dublin. A jury at Dublin Circuit Criminal Court found McNulty guilty after hearing evidence that the victim was struck to the face, sustaining a significant laceration that resulted in permanent scarring and disfigurement. McNulty had maintained his not guilty plea throughout trial. The Court of Criminal Appeal, presided over by Mr Justice John MacMenamin, upheld the original conviction, finding no grounds of unsafety and accordingly dismissed the appeal.
In the Court of Criminal Appeal on 27 February 2014, Mr Justice John Murray criticised the Prison Service for failing to bring serial child abuser Tony Walsh, aged 59, to court to hear the outcome of his appeal against two separate sentences. A prison van had arrived but the prisoner was not on board, and no Prison Service staff had volunteered to explain the delay. The judge described the situation as "profoundly disturbing" and "terrible, just dreadful", noting the waste of public money and counsel's time. He instructed the Director of the Prison Service to provide a report within two weeks and to ensure the issue would not recur. The appeal concerned Walsh's 16‑year sentence for rape and sexual abuse of three school boys and a 15‑month addition for further abuse. The case was to be relisted for a decision on 19 March 2014.". Tony Walsh pleaded guilty and was convicted.
A 50‑year‑old woman from County Louth, Paula Reid, is accused of stealing €19,604 from Hugh Burrows & Sons Ltd over a four‑year period between November 2008 and December 2012. She faces 65 theft offences and has been sent forward for trial by judge and jury in the Dublin Circuit Criminal Court. Reid appeared at Balbriggan District Court, where a State solicitor confirmed the evidence was ready and served. Judge Dermot Dempsey assigned senior and junior counsel, gave her an alibi caution, and remanded her on continuing bail to appear on 14 February.
Jarlath Walsh, a 42‑year‑old former prison officer, was originally sentenced to five years' imprisonment for smuggling cocaine, cannabis, cannabis resin and thousands of tablets, including flurazepam, diazepam and oxymetholone, into Mountjoy prison. He pleaded guilty at the Dublin Circuit Criminal Court. On appeal, Judge Donal O'Donnell found the five‑year term "perhaps too high" and reduced it to four years, suspending the final year for three years on the condition of good behaviour and peacekeeping. The appeal court noted that a psychological report had identified Walsh as an "easily led" and "vulnerable" person, and that the original judge had not fully considered this report. Walsh claimed he was forced to smuggle the drugs after being threatened by men who had photographs of his family, but the court could not give much weight to his account.
In December 2013 the Court of Criminal Appeal reserved judgment on the appeal of Bryan O'Byrne, a 33‑year‑old from South Dublin, who had been sentenced to three years' imprisonment by Judge Patricia Ryan for possessing thousands of child‑pornography images. O'Byrne had pleaded guilty in the Dublin Circuit Criminal Court in December 2008 and had admitted early to the offence. The appeal argued that the sentencing court erred by not giving full credit for mitigating factors such as his guilty plea, early admission, lack of prior convictions, the fact the images were not shared, and that he had not purchased the material. Counsel also cited O'Byrne's serious medical history, including brain surgery in 2003 and ongoing treatment, and alleged procedural errors, including a miscount of the number of images considered. The State's counsel maintained that the offence was at the very high end of the scale, citing the search terms used.
In a Dublin case, Keith Jervis (36) and Therese Doyle (35) received a wholly suspended seven‑year sentence for storing 45 kg of cannabis valued between €320,000 and €550,000 in their home. The Court of Criminal Appeal has reserved judgment on an appeal by the Director of Public Prosecutions, who argues the suspension was unduly lenient. The DPP contends Judge Martin Nolan failed to consider the offence's seriousness and the mandatory minimum of 10 years, and that the judge gave excessive weight to mitigating factors such as the couple's 19‑year relationship and two young sons. Counsel for Jervis maintains the judge acted within his discretion, citing the complexity of the case and the couple's immediate admissions. Doyle's counsel argues she is unlikely to reappear in court and that imposing custodial time now would be an error. The appeal court will decide soon. Keith Jervis pleaded guilty. Therese Doyle pleaded guilty.
David Cullen, aged 34, was sentenced to four years in prison after pleading guilty to stealing €302,000 from Irish Life & Permanent between 2005 and 2008. He used the money to fund foreign holidays, attend rugby matches, buy a BMW and deposit it into his personal account. The appeal to reduce the sentence was dismissed by the Court of Criminal Appeal, which found no error in the original four‑year term imposed by Judge Martin Nolan.
In a 2013 appeal, the Court of Criminal Appeal ruled that the six‑month custodial sentence imposed on aviation broker Anthony Lyons for a violent sexual assault was unduly lenient. Judge John Murray explained that the appeal court had decided to allow the Director of Public Prosecutions' challenge to the six‑year sentence with five‑and‑a‑half years suspended that Judge Desmond Hogan had imposed in July 2012. The court noted that the mitigating factors presented could not justify suspending all but six months of the custodial term, given the gravity of the offence. Lyons, 52, had pleaded not guilty to the assault of a 27‑year‑old victim, who was tackled and sexually assaulted on a dark stretch of road. He was arrested after a passer‑by intervened, denied the offence initially, and later admitted it, claiming an "irresistible urge" caused by medication.
In a case of a man who was convicted of indecently assaulting his daughter, the Court of Criminal Appeal has reserved judgement. The man, now 66, was sentenced in April 2010 by Judge Frank O'Donnell to six years' imprisonment with three years suspended after a Dublin Circuit Criminal Court jury found him guilty of four counts of indecently assaulting his daughter. The alleged assaults occurred in County Kildare between October 1981 and March 1983 when the victim was aged 12 to 14. The man pleaded not guilty to all four charges. Evidence presented included claims that he forced his daughter to masturbate him and had her perform oral sex on him in his car when she was nearly 15. The appeal centred on whether a family confrontation in about 1994, during which the man allegedly admitted sexual abuse to his daughter's sister, could be considered an admission of the specific counts.
In a 2013 appeal, Sunny Idah, aged 38, challenged his 13‑year conviction for soliciting the unlawful import of cocaine between 14 and 19 September 2010. Idah, an Irish citizen originally from Nigeria, had pleaded not guilty at Dublin Circuit Criminal Court. Judge Desmond Hogan had imposed a 15‑year sentence, suspending the last two years on the condition of good behaviour for five years post‑release. The case stemmed from a joint operation between Gardaí and Swiss police. An undercover Swiss operative, posing as a Lithuanian drug dealer named "Mantas Skrupskis", communicated with Idah via email. Idah offered €5,000 to two undercover Gardaí, who posed as Polish drug mules, to travel to Brazil, swallow 1 kg of cocaine (estimated street value €70,000), and smuggle it back to Ireland.
Paul McDonagh, 43, was sentenced to 12 years imprisonment for assaulting and threatening to kill a 97‑year‑old woman and for burglary. The sentence was increased from an earlier nine‑year term with three years suspended after the Director of Public Prosecutions appealed. McDonagh had previously gained entry to the victim's home by offering to tidy her gardens, then held his hand over her mouth, cutting her lip, repeatedly threatened to kill her, and fled with her purse. He had 26 prior burglary convictions and had served 12 years in the United Kingdom for a similar offence. The Court of Criminal Appeal deemed the offence of "utmost gravity" and imposed the 12‑year term, suspending the last two years on the condition of good behaviour and cooperation with a management plan while in prison.
The Court of Criminal Appeal has ordered the preparation of a probation report for Anthony Lyons, a 52-year-old aviation broker, ahead of the State's appeal against his sentence on grounds of undue leniency. Lyons was convicted at Dublin Circuit Criminal Court after pleading not guilty to sexually assaulting a 27-year-old woman in October 2010. Judge Desmond Hogan sentenced him to six years' imprisonment, with five-and-a-half years suspended, and ordered him to pay €75,000 in compensation. Lyons had admitted the attack but claimed an "irresistible urge" caused by alcohol and medication. He was released in December 2012. During Tuesday's hearing, counsel for Lyons requested the probation report to support arguments regarding the "totality of hardship" if the sentence is deemed unduly lenient. The State objected to introducing sentencing evidence before a decision on leniency. Presiding Judge Adrian Hardiman ordered the report's preparation but refused to receive the material immediately. He set a deadline of October 18 for Lyons' replying submissions. The State's appeal is scheduled for November 18. The court noted that if sentencing submissions are not ready, the hearing may be adjourned, as the previously envisaged two-hour timeframe may be insufficient.
The Court of Criminal Appeal ruled on Tuesday that a five-year wholly suspended sentence imposed for dangerous driving causing death was unduly lenient. Ronan Cunningham, aged 31, of Enniskeen, Kingscourt, had pleaded guilty at Dublin Circuit Criminal Court in December 2011 to causing the death of Emmanuel Mendes, aged 24, on the N7 Naas dual carriageway on 10 October 2010. Cunningham also pleaded guilty to driving under the influence of alcohol. He had driven seven kilometres in the wrong direction down the dual carriageway after consuming seven or eight pints. His car collided with a vehicle carrying Mr Mendes and his fiancée; Mr Mendes was fatally injured. Presiding Judge Adrian Hardiman stated that the "extraordinary nature" of the driving had not been adequately considered at sentencing. The court directed preparation of a probation report and adjourned the case to 6 November for submissions on an appropriate sentence.
Michael Igbosonu, aged 25, was originally sentenced in March 2012 to two years' imprisonment with one year suspended for a predatory sexual assault on a woman who fell asleep beside him on a Nitelink bus. He denied the offence but was found guilty by a jury after a four‑day trial. The Court of Criminal Appeal, hearing the case on Monday, ruled that the sentence was unduly lenient. The appeal was successful, and the sentence was increased to five years' imprisonment with two years suspended for a period of three years. Igbosonu was released from prison on 29 October last year and was ordered to surrender to Mountjoy Prison on 21 October. The appeal was brought by the Director of Public Prosecutions. The court noted the assault was predatory, sordid, and traumatic, and that Igbosonu had a record of 11 previous convictions. The new sentence reflects the seriousness of the offence. The case remains at the appeal stage.