Court archive

Dundalk Circuit Court

2021-03-25 · Louth

Drogheda armed raider fails in appeal

Karl Vogelaar, a 29-year-old from Oulster Lane, Drogheda, Co Louth, has had his appeal against his conviction dismissed by the Court of Appeal. Vogelaar was found guilty by a jury at Dundalk Circuit Court of two counts of robbery contrary to section 14 of the Criminal Justice Act 2001. The allegations state that on November 4, 2016, three men robbed Tully's bookmakers in Wheaton Hall, Drogheda, at 8:45 pm, where one held a gun to the employee's face, a shot was fired, and €1,600 was taken. Ten minutes later, the group allegedly robbed Tully's bookmakers in Ballsgrove, taking €1,735. Gardai recovered the getaway car shortly after, finding black leggings inside that contained a DNA profile matching Vogelaar's. He was convicted on July 9, 2019, and sentenced to four years' imprisonment. At the appeal stage, Vogelaar's lawyers argued the DNA evidence did not directly link him to the crimes and that the trial judge should have withdrawn the case from the jury. Ms Justice Isobel Kennedy, delivering the judgment of the three-judge court, dismissed the appeal. She stated that the DNA match on the leggings, alongside other items linked to the robbery, significantly strengthened the connection between Vogelaar and the offences. The court concluded there was sufficient evidence that, if accepted by the jury, could lead to a conviction.

2020-06-15 · Armagh

DPP appeals driver's 12-month jail term for causing pedestrian's death

The Director of Public Prosecutions is appealing a sentence imposed on a Louth woman convicted of dangerous driving causing death. Eimear White pleaded guilty at Dundalk Circuit Court to causing the death of a pedestrian on the Old Newry Road in October 2017. Judge James McCourt sentenced White to three years imprisonment with the final two years suspended. The DPP has challenged the sentence as unduly lenient. The Court of Appeal has scheduled a hearing for 26th June, at which counsel indicated that relatives of the deceased wish to attend and that CCTV footage will be presented. The case concerns an incident in which a man was struck after exiting a taxi at Dowdallshill.

2014-07-17 · Louth

Gang who forced man to hand over almost €60k have sentences reduced on appeal

In 2012, Gerard Stokes (33), David McDonagh (35) and James McDonagh (47) were convicted in Dundalk Circuit Court for extorting €57,000 from Niall Hearty on two occasions. A jury found them guilty on two counts each of demanding money with menaces. Stokes received an eight‑year sentence, David McDonagh ten years, and James McDonagh eight years. In 2014, the Criminal Court of Appeal reduced Stokes's and James McDonagh's sentences by two years each, and David McDonagh's by three years. The appeal court agreed with the defence that the trial judge had set the tariff too high, citing mitigating factors and remorse, while the prosecution maintained the original sentence was appropriate. The court found no error in the handling of the victim impact report. The reduced sentences were applied as the final outcome.

2014-05-22 · Louth

Army man who assaulted wife and punched step daughter in the face has suspended portion of sentence increased

Richard Cleary, 42, a former Irish Defence Forces member, is serving a three‑year sentence in Mountjoy Prison for assaulting his ex‑wife and step‑daughter in their home while a barring order was in place. He had pleaded guilty to assault causing harm. In March, Dundalk Circuit Court sentenced him to three years with six months suspended. On appeal, the Court of Criminal Appeal increased the suspended period to fifteen months, citing mitigating factors such as Cleary's good character, army record and the impact of custodial time on his career. The court noted the injuries sustained by the victims.