Court archive

Galway Circuit Criminal Court

2026-05-21 · Galway

Money launderer placed in custody despite mattresses on prison floor

A Circuit Court Judge has refused to remand a woman on bail for her role in facilitating a criminal organisation, despite noting that there are currently 53 mattresses on the prison floor. Judge Brian O'Callaghan stated that the defendant, Tamara Olaye, has had poor compliance with bail conditions in the past. Olaye, from Galway, pleaded guilty to money laundering offences between 2022 and 2024. Gardai obtained warrants to access her bank accounts and found over €20,000 transferred to a third party. Olaye claimed the money came from her work in beauty and fast food, but gardai linked it to organised crime. The court heard that Olaye had failed to sign on 41 times and was not residing at her address on eight occasions. Her defence counsel requested a Probation Report, which the judge agreed to. Olaye was remanded into custody until July 23, with the judge emphasizing the need to protect the public despite the prison conditions.

2026-05-21 · Galway

Galway man hijacked car and assaulted acquaintance in separate incidents

Jim McCarthy, 27, formerly of Oughterard, Co Galway, pleaded guilty at Galway Circuit Criminal Court to one count of hijacking a vehicle on Foster Street, Galway, on April 10, 2024, and to burglary, assault, and possession of an article at St Lawarnce Park, Loughrea, on January 23, 2024. Prosecution evidence alleged that McCarthy hijacked a car from a woman using a knife and later assaulted a resident in Loughrea, striking him with a knife and stealing cash. The court heard that McCarthy has 11 previous District Court convictions. Defence counsel noted that McCarthy has addressed addiction issues, completed a 12-week course at Cluine Mhuire, is employed, and has engaged with the Probation Service. Both injured parties declined to provide victim impact statements or participate in a restorative justice programme. Judge Brian O'Callaghan adjourned the case for an updated probation report in January 2027. The matter was adjourned and not concluded.

2026-04-21 · Galway

Men jailed over €415k cannabis grow houses in Galway

Two men have been jailed for a combined nine years following the discovery of cannabis grow houses in Co Galway. Aloyzas Bukantus, 45, of Church Street, Edgeworthstown, Co Longford, pleaded guilty at Galway Circuit Criminal Court to possession of drugs for sale or supply and money laundering. Tomas Dumbliavskas, 31, from Lithuania, pleaded guilty to cultivation of cannabis. The offences occurred on 13 March 2024 at properties in Skehana South near Ballinasloe and Tallavnamraher, Creggs. Gardaí executed simultaneous search warrants, recovering cannabis plants and herb with a combined estimated value of €415,000. Dumbliavskas was discovered hiding in a partition wall; Bukantus was present at the other premises. Judge Eoin Garavan sentenced Dumbliavskas to four years, suspending the final twelve months on condition he leave the jurisdiction within two weeks of release. Bukantus received seven years, with the final year suspended for two years, and was placed under probation supervision for one year post-release.

2026-03-26 · Galway

Galway court hears man sold cigarettes through network for profit

Kestutis Buivydas pleaded guilty after more than 52,000 cigarettes with no excise-duty stamp were seized from his Carnmore home and a Tuam Road storage unit. The court heard he bought them online and sold them through a network; his one-year prison sentence was suspended in full, with €1,050 directed to Jigsaw Galway.

2026-03-26 · Donegal

'I don't care if he was running from here to Donegal': judge remands athlete in custody over €80k drugs haul

Richard Kamson, 24, pleaded guilty at Galway Circuit Criminal Court to possession of drugs for sale or supply at locations in Doughiska and Merlin Woods on September 14, 2021. The court heard that cocaine with a street value of just under €24,000 and cannabis valued at €57,000 were recovered from his bedroom and nearby woods. Although Kamson had no previous convictions and his defense counsel argued he was at low risk of reoffending, the prosecution noted he is currently under investigation for other alleged offences. Judge Brian O'Callaghan stated that Kamson had engaged in the Restorative Justice Programme, claiming he was changing his life and had developed victim awareness. However, the judge noted that Kamson came to the attention of gardai during this period, contradicting the probation report. Rejecting arguments regarding the defendant's athletic achievements, the judge remarked that he did not care if Kamson was running from Galway to Donegal for charity. The judge found that Kamson had committed a serious crime and remanded him in custody. The finalisation of the case was adjourned until June 10 next to allow for additional information from the Probation Service.

2026-03-26 · Galway

Repeat offender jailed over €17,000 burglary at Galway bar

Michael McDonagh admitted stealing €17,000 from Cadell bar after entering through a rear door, with CCTV and a subsequent search linking him to the burglary. He received a four-year sentence with the final year suspended, alongside probation supervision and a five-year exclusion from the premises; insurance covered the unrecovered cash. Michael McDonagh pleaded guilty.

2026-03-24 · Galway

Man jailed over dangerous driving incident as passenger begged him to stop

Luke Kruger, 25, was sentenced at Galway Circuit Criminal Court for two incidents of unauthorised vehicle taking and associated offences. He pleaded guilty to charges arising from April 24, 2021, and October 15, 2023. In the first incident, Kruger allegedly took a car with a female passenger, driving 55km before crashing in Connemara while she begged him to stop. In the second, he allegedly bit a taxi driver and damaged a second vehicle before fleeing. Judge Brian O'Callaghan imposed a headline sentence of three years for reckless endangerment, reduced to 12 months. For the taxi offences, he set a headline sentence of two and a half years, reduced to 18 months to run consecutively. The final nine months of this second sentence were suspended. Kruger was jailed for a total of one year and nine months. He was placed under Probation Services supervision for 18 months post-release. The sentence was backdated to January 17, when he entered custody. The judge noted Kruger frightened the passenger and displayed aggression towards the taxi driver, while acknowledging his age and addiction issues as mitigating factors.

2026-03-24 · Mayo

Accountant jailed for stealing €1.4m from KPMG

David Craddock was sentenced after admitting 10 sample counts of theft from KPMG between 2014 and 2019. Galway Circuit Criminal Court heard that 129 thefts were uncovered, more than €900,000 was repaid, and the judge set a headline sentence of six and a half years before mitigation and suspension reduced the term.

2026-03-23 · Galway

Drug dealer gets suspended sentence after judge notes '61 people on mattresses in prison'

Ethan Casey received a fully suspended four-year sentence after pleading guilty to possessing cannabis and cocaine for sale or supply at his Ballinasloe home. The judge cited Casey's addiction, early plea and cooperation while warning about the harm of dealing and noting prison overcrowding. Ethan Casey was convicted.

2026-03-23 · Galway

Defence Force member given suspended sentence for assault of garda

Gary Stephens received a suspended four-month sentence after admitting assault causing harm to a garda in Ballinasloe. The court heard about his long Defence Forces career, rehabilitation after the incident, remorse and €7,000 payment offered to the injured officer.

2025-12-16 · Galway

Man who sexually assaulted sleeping woman has sentence deferred so he can spend Christmas with family

Rui Mendes, 45, of Ardrahan, Co Galway, was sentenced at Galway Circuit Criminal Court for one count of sexual assault committed at an address in Galway on November 27, 2021. The defendant pleaded guilty to the charge. Judge Brian O'Callaghan handed down an 18-month custodial sentence but deferred the commencement of the term to January 20 to allow Mendes to spend the Christmas holidays with his family. The judge suspended the final six months of the sentence in recognition of the substantial rehabilitation work undertaken by the defendant. Mendes was placed under the supervision of Probation Services for 12 months post-release. Additionally, the court ordered that €2,000, provided by Mendes as a token of remorse, be paid to the victim within four weeks. The judge noted that the assault occurred while the victim was asleep and was for self-gratification, despite her clear prior rejection of his advances. The matter was finalised with this sentencing order.

2025-12-09 · Galway

Man (39) goes on trial accused of Galway city sexual assault six years ago

A 39‑year‑old man was tried at Galway Circuit Criminal Court for a single count of sexual assault that allegedly occurred on 28 October 2019 at a friend's rented accommodation in Galway. The complainant, a young woman, testified that after a night of drinks she and her friend slept in the bedroom, during which the accused allegedly touched her genital area, digitally penetrated her vaginally and rectally, and then left. She reported the incident to her mother and the Gardaí, and was examined at a Sexual Assault Treatment Unit. The accused pleaded not guilty. During cross‑examination the defence questioned the complainant's memory of the events and suggested the alleged activity was consensual, which she denied. The trial, presided over by Judge Brian O'Callaghan, is ongoing before a jury.

2025-11-25 · Galway

Man jailed and ordered to leave country over €40k drugs haul

Geraldo Maklekas, 24, was sentenced at Galway Circuit Criminal Court after pleading guilty to possession of drugs for sale or supply and a money laundering offence at his address on February 26, 2024. Judge Brian O'Callaghan imposed a custodial sentence, noting that Maklekas engaged in drug dealing for personal benefit shortly after arriving in Ireland. The judge determined that Maklekas's culpability was well above mid-range, citing aggravating factors such as the nature of the criminal activity and the absence of duress. Mitigating factors included his youth, status as a first-time offender, signed pleas, and cooperation with the Garda investigation and Probation Service. Although the Probation Service assessed him as a low risk of re-offending, allowing the court to depart from the mandatory minimum sentence of 10 years, the judge stated that a custodial sentence was necessary. He set a headline sentence of six and a half years, reduced this to four and a half years, and suspended the final 18 months for three years. Consequently, Maklekas will serve two and a half years in custody. The court ordered that he exit the state within 72 hours of his release from prison and prohibited him from returning to Ireland for a period of 10 years.

2025-11-10 · Galway

Galway dealer found with drugs in his underpants given suspended sentence

Ellysom Ojba, 25, of Fana Glas, Ballybane, Galway, was found guilty of possession of drugs for sale or supply and money laundering after a Garda investigation in Eyre Square and his home. He was discovered with two socks hidden in his underwear, each containing sixteen deal bags of suspected cocaine and ketamine, a weighing scale, and €1,030 in cash. A search of his bedroom revealed additional drugs and €525. Ojba, a first‑time offender with no prior convictions, pleaded guilty and expressed remorse. Judge Brian O'Callaghan described his conduct as "blatant greed" and, considering mitigating factors such as his signed plea, positive probation report, and lack of prior criminal history, sentenced him to two years' imprisonment suspended in full for three years. He was ordered to pay €1,500 each to Jigsaw and Cluine Mhuire within a month, with €500 to each within four weeks.

2025-07-29 · Galway

Galway man (72) jailed for sexual abuse of teenage girl 20 years ago

A 72‑year‑old man from Ardrahan, Pat Howley, was sentenced by the Galway Circuit Criminal Court to four and a half years in prison, with the final 18 months suspended for three years. He pleaded guilty to four counts of sexual assault committed against a teenage girl aged 13‑14 between February and December 2006. The court noted a 40‑year age gap, the breach of trust, the nature of the conduct and the trauma inflicted. Howley's guilty plea, long working life, voluntary Civil Defence work and health issues were considered mitigating factors. He has no prior convictions and is deemed low risk of re‑offending. He will be supervised by the Probation Service for 12 months after release and must comply with all directions given by them. The sentence was imposed by Judge Brian O'Callaghan.

2025-07-22 · Galway

Heroin user who threw drugs in river jailed for two years

James Lynch, 44, pleaded guilty to possession of drugs for sale or supply in Galway on 29 August 2022. He had 86 prior convictions, including traffic offences, theft, fraud, drug possession, public order, criminal damage, assault, and weapons. The court noted that Lynch was dealing heroin, an aggressive approach to arrest, and threw the drugs into the River Corrib to evade capture. Judge Brian O'Callaghan set a headline sentence of six years, then imposed a custodial term of four years, suspending the final two years. Lynch was ordered to serve the sentence from the date he entered custody, and to be supervised by the Probation Service for one year after release. He was found with €614 on his person and a package of heroin worth about €6,500, which was recovered from the river. The court considered his addiction and lack of financial benefit from the offence, and noted his need for rehabilitation.

2025-07-21 · Galway

Disqualified drunk driver jailed for dangerous driving causing death of pregnant woman

A man with over 70 previous road traffic convictions has been sentenced to five years' imprisonment for dangerous driving causing the death of a pregnant woman at Galway Circuit Criminal Court. Frank Barrett, aged 44, of Ballybane, Galway, was driving a car in which Irene Lynch was a passenger when it crashed into a wall and became submerged in water near Menlo in the early hours of March 2024. Ms Lynch, who was 17 weeks pregnant, died in hospital a week later from a hypoxic brain injury, as did her unborn daughter. Barrett was disqualified from driving at the time of the incident and had consumed significant quantities of alcohol and cocaine. He pleaded guilty to dangerous driving causing death, drink driving and driving without insurance. Judge Brian O'Callaghan imposed a headline sentence of eight years, reduced to six years with the final 12 months suspended for three years, citing Barrett's early guilty plea and remorse as mitigating factors. Barrett was disqualified from driving for ten years and fined €1,500.

2025-06-25 · Galway

Talented sailor seriously injured in car crash had pleaded with driver to slow down, court hears

A 21‑year‑old driver, Richard McSweeney, pleaded guilty to dangerous driving causing serious bodily harm after a car he was driving on the R341 became airborne and crashed into a field, striking an ESB pole. The crash left the vehicle "barely recognisable" and caused severe injuries to the driver and two passengers, including an open fracture to the ulna and radius of Harry Toomey, who required multiple surgeries and long‑term rehabilitation. McSweeney's blood alcohol level was above the legal limit. He had no prior convictions and was a novice driver. The court imposed a headline sentence of five years, reduced to two and a half years, with the final 18 months suspended. A one‑year custodial sentence was deferred pending a suitability assessment for a 240‑hour community service order and a detailed injury report. The sentence will be finalised on 25 July.

2025-06-25 · Galway

Man (54) engaged in 'extremely sexualised' online chat with purported girl (12)

James Walsh, 54, of Liskeavy, Tuam, pleaded guilty to engaging in electronic communication to facilitate the sexual exploitation of a child between May and November 2020. He had previously been convicted of road traffic offences, criminal damage and a public order offence. The court heard that Walsh believed he was speaking to a 12‑year‑old girl named Eve, who was actually a decoy. He sent sexual images, asked for nude pictures, and tried to delete messages to hide them from the girl's mother. Gardaí seized two phones and found no evidence of a broader interest in children. Judge Brian O'Callaghan set a headline sentence of five years, reduced it to two and a half years and suspended it in full for the same period, subject to strict conditions. Walsh will be placed on the sex offenders register. The judge declined a request for reporting restrictions on his address.

2025-06-05 · Galway

Repeat Sex Offender to Be Sentenced for Defilement of 15-Year-Old in Galway

A 52‑year‑old man pleaded guilty to two counts of defilement of a 15‑year‑old girl in Galway. The offence occurred in an apartment in Salthill between 12 and 13 June 2021. The defendant met the girl through a 16‑year‑old mutual friend, misrepresented his age and occupation, and sent her a note with his phone number and a key to his apartment. After the girl returned home, the defendant texted her, she blocked him, and later she told her mother what had happened. The girl did not initially give a statement but later did so at nineteen. The defendant claimed he performed oral sex but not intercourse, and that he did not know her age. He had a prior conviction for defilement, served two years with the final year suspended, and was on the sex offenders register until 2031. The court heard the victim is struggling and did not give a victim impact statement.

2025-06-05 · Galway

Galway man avoids conviction after Covid assault on housemate

Conor O'Donoghue, 27, of Ardrahan, pleaded guilty to one count of assault after punching his housemate in the back garden of a Ballindooley house on 22 October 2020. The victim suffered a blow‑out fracture of the orbital floor and a nasal fracture, requiring surgery at Galway University Hospital. Garda Laura Devaney reported that the incident occurred during the Covid lockdown, that O'Donoghue was not intoxicated, and that both parties had struck each other and rolled on the ground. O'Donoghue admitted to being present, claimed the victim had shouted and head‑butted him, and said he punched in self‑defence. The court, noting no prior convictions and a positive probation report, applied section 1.2 of the Probation Act, ordered O'Donoghue to pay €1,000 to the Galway Simon Community within three months, and discharged him without a recorded conviction. The sentence was delivered by Mr Justice Brian O'Callaghan.

2025-04-09 · Galway

Man accused of trafficking partner used her as 'cash cow', jury told

In a Galway Circuit Criminal Court trial, a 26‑year‑old man charged with human trafficking, the organisation of prostitution and coercive control was told to the jury that he lived off his partner as a "cash cow". The prosecution, led by Patricia McLaughlin SC, described the complainant as an escort and lap dancer who worked from 11 am until midnight, earning money that the accused controlled. She claimed the accused did not seek employment and instead relied on her earnings, which were deposited in his bank account. The defence, represented by Delia Flynn SC, argued that the complainant's allegations lacked evidence and that she was aware of her rights and conducted her business voluntarily. The trial, presided over by Judge Brian O'Callaghan, continues with the jury to decide the man's guilt. The unnamed 26-year-old pleaded not guilty.

2022-07-21 · Galway

State fails in appeal against 4.5-year sentence for two 'life changing' attacks

In a Court of Appeal hearing on 21 July 2022, the State's appeal to increase the jail term for David Bannerton was dismissed. Bannerton, aged 47, had been convicted of two separate assaults in June 2016 in Galway city centre. The first assault, against a 70‑year‑old pensioner, resulted in a two‑year jail term following a three‑year headline sentence. The second assault, against a passer‑by who tried to intervene, led to a six‑year sentence with 18 months suspended, after a nine‑year headline sentence. The Court of Appeal upheld the judge's decision, noting that the suspended portion was a legitimate consideration for rehabilitation and that no additional consecutive sentence was warranted. The appeal was refused, and the original sentences were left unchanged. The case highlighted the judge's discretion in balancing punishment with rehabilitation considerations.

2022-04-08 · Galway

Killer who left publican to die on toilet floor has sentence reduced

In 2011, 16‑year‑old Marian Lingurar Jnr left his employer, publican John Kenny, to die on a toilet floor after a violent robbery. Lingurar Jnr was not involved in the restraint or assault of Kenny, who sustained severe injuries and was found dead the next evening. He was convicted of manslaughter by a jury at Galway Circuit Criminal Court in January 2019 and sentenced to nine years imprisonment. In April 2022, the Court of Appeal quashed the original sentence and reduced the jail term by one year, citing the appellant's age and the fact that he was not a party to the violence. The appeal was based on the argument that the trial judge had not given sufficient weight to the appellant's age at the time of the offence. The Court of Appeal confirmed the conviction but adjusted the sentence to eight years, noting that the crime had a very grave impact on the Kenny family.

2021-11-22 · Galway

Sex attacker loses appeal against 6-year sentence

A 26‑year‑old man, who was convicted of sexually assaulting a 16‑year‑old girl he met in a bar, lost an appeal against a six‑year prison sentence. The victim, whose identity is protected, described how the attacker pushed her onto a bed, inserted his hands into her trousers and tried to remove her clothing, and a medical examination later revealed damage to her vaginal area. The man pleaded not guilty to the offence under Section 2 of the Criminal Law (Rape) Act 1990, but was found guilty and sentenced in December 2019. In his appeal he argued that the sentence should have included a rehabilitation element and that too much weight had been given to his prior convictions, which were not all sexual and some occurred after the offence. The Director of Public Prosecutions noted the accused had shown no remorse.

2019-11-11 · Galway

Victim "under influence of morphine" at time of statements, hijacking appeal hears

John Conroy, 24, was convicted of 13 counts of dangerous driving and public endangerment after hijacking a car and leading a high‑speed chase through Galway city on 31 May 2016. He was found guilty by a jury at the Galway Circuit Criminal Court and sentenced to six‑and‑a‑half years' imprisonment, with the final year suspended. Conroy appealed his conviction, arguing that the car‑owner's out‑of‑court statement was inadmissible because the witness, Thomas Ackroyd, was under the influence of morphine when he made the statement and could only recall about 2 % of its contents. The Court of Appeal has reserved judgment on the appeal, which centres on whether the safeguards for admitting such statements were met. The appeal will be heard after the Court of Appeal's decision is announced. The case remains at the appeal stage.

2018-12-03 · Galway

Armed burglar loses sentence appeal

Dominic Downes, aged 23, pleaded guilty to aggravated burglary of a house in Hazel Park, Newcastle, on 24 September 2016. He was sentenced by Judge Rory McCabe at Galway Circuit Criminal Court to six years imprisonment on 18 July 2017. Downes appealed against the severity of his sentence, but the Court of Appeal dismissed the appeal, holding that the six‑year term was within the range available to the Circuit Court judge. The Court of Appeal, presided over by President Mr Justice George Birmingham, noted that Downes entered the house armed with a hunting knife and a hatchet, both of which had been stolen the day before, indicating premeditation. A bag containing €1,760 worth of stolen property was dropped during the escape, and the burglary caused significant injury to the occupants, including PTSD and a move out of the house. Downes had a history of criminal activity and drug problems, and had committed further offences while on bail.

2018-07-23 · Galway

DPP appeals community service sentence for drunk driver who killed elderly man and injured two gardai

Adrian Nestor, 44, from Keamsella, Kilcolgan, was five times over the legal limit when he collided with a garda car near Ardrahan on 1 February 2016. The crash killed 66‑year‑old Liam McDonnell, who had been reported missing from a nursing home, and seriously injured Garda Sharon Casserly and Garda Peter Murtagh, the latter breaking a leg. Nestor pleaded guilty to dangerous driving causing death and serious harm. The Galway Circuit Criminal Court sentenced him to 240 hours of community service instead of a four‑year prison term, fined €1,000, and banned him from driving for four years. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that a suspended four‑year term would better reflect the seriousness and deterrence required. The Court of Appeal will decide whether to uphold or alter the sentence.

2018-07-17 · Galway

GAA star avoids jail for second time over €300k theft

The Court of Appeal has dismissed an appeal by the Director of Public Prosecutions against the sentence imposed on Mark Hehir, a former GAA star who admitted stealing €305,072 from his employer, Galway City Bin company. Hehir pleaded guilty to transferring funds from the company's account to his personal account on 71 separate occasions between April and September 2016 to fund an online gambling addiction. In January, Judge Rory McCabe at Galway Circuit Criminal Court sentenced Hehir to a wholly suspended two-year term and ordered him to complete 240 hours of community service. Additional conditions require Hehir to remain gambling-free, refrain from opening bookmakers' accounts, continue counselling, and pay €100 weekly in restitution. Prosecutors, represented by Lorcan Staines BL, argued the sentence was unduly lenient and that the addiction did not constitute an exceptional circumstance justifying avoidance of custody. However, Mr Justice John Hedigan, sitting with Mr Justice George Birmingham and Mr Justice John Edwards, upheld the Circuit Court decision. The Court of Appeal found that the sentencing judge had carefully balanced all factors, including Hehir's status as a first-time offender, his full admissions, and his engagement in restorative justice. The court concluded there was no basis to intervene, leaving Hehir's suspended sentence and conditions intact.

2018-06-29 · Galway

Suspended sentence for Under-21 All Ireland champ who stole €259k from employer "too lenient", DPP submits

Mark Hehir, a 27‑year‑old former captain of the Galway Under‑21 All Ireland football team, pleaded guilty to stealing €259,072 from his former employer, Galway City Bin, over a six‑month period in 2016. In January, Judge Rory McCabe at Galway Circuit Criminal Court imposed a wholly suspended two‑year sentence, ordered 240 hours of community service, required Hehir to remain gambling‑free, to avoid opening a bookies account, to attend counselling, and to pay €100 a week in restitution. The Director of Public Prosecutions, represented by Lorcan Staines BL, requested a review of the sentence, arguing that gambling was not an exceptional circumstance and that the sentence was unduly lenient. Hehir's counsel, Bernard Madden SC, countered that Hehir's addiction and his efforts to repay the debt were exceptional factors. The Court of Appeal, with Justices George Birmingham, John Edwards and John Hedigan, reserved judgement on the review.

2018-05-31 · Galway

Court quashes conviction of man jailed for brandishing meat cleaver at hospital

A man's conviction for threatening to kill a relative whilst brandishing a meat cleaver at University College Hospital Galway has been quashed by the Court of Appeal. Aaron Ward (32), from Tuam, Co Galway, was found guilty following a two-day trial at Galway Circuit Criminal Court and sentenced to six years imprisonment in May 2017. The Court of Appeal overturned the conviction, finding the trial judge failed to properly engage with statutory requirements under Section 16 of the Criminal Justice Act 2006 when admitting witness statements. The three complainants had retracted their initial statements to gardaí, citing intoxication and medication at the time they were made. Mr Justice Alan Mahon noted these statements were crucial to the prosecution case and should have been assessed strictly against legal requirements. The judge's rulings made insufficient reference to reliability, prejudice, and oath administration. Ward has been admitted to bail pending further Court of Appeal proceedings next week to determine whether a retrial is appropriate. Aaron Ward pleaded not guilty.

2018-05-14 · Galway

DPP to appeal 240 hours community service given to drunk driver over fatal collision

In a case heard at the Galway Circuit Criminal Court, Adrian Nestor, aged 44, pleaded guilty to dangerous driving causing the death of Liam McDonnell, aged 66, and to serious injury to Garda Sharon Casserly, as well as drink driving. The fatal collision occurred near Ardrahan, Galway, on the early hours of 1 February 2016, when Nestor's Audi struck a group of three people, including McDonnell, who had been reported missing from a nursing home. Nestor's blood alcohol level was 272 mg at the time of the incident. Judge Rory McCabe sentenced him to 240 hours of community service instead of a four‑year prison term, fined him €1,000, and imposed a four‑year driving ban. The Director of Public Prosecutions has applied to appeal the sentence, arguing it was "unduly lenient," and the Court of Appeal has set a hearing for 23 July.

2017-11-02 · Galway

Armed robber who stole €1.1m in jewellery has sentence cut on appeal

Irmantas Paulauskas, 39, a Lithuanian national with no fixed abode, was convicted of armed robbery of €1.1 million worth of jewellery from Hartmann jewellers in Galway on 11 February 2015. He pleaded not guilty to robbery and possession of an imitation firearm with a silencer. A jury found him guilty and Judge Rory McCabe sentenced him to 14 years imprisonment on 12 May 2016. Paulauskas lost an appeal against his conviction but successfully appealed his sentence. The Court of Appeal, hearing that the robbery involved imitation firearms rather than loaded guns, reduced the sentence to 12 years, discounting one year for the difficulty of imprisonment for a foreign national. The conviction was upheld, the sentence cut, and no further changes were made to the outcome of the case.

2016-07-18 · Galway

Trespasser at grandad's home has jail term halved on appeal

Paul Mason, 28, pleaded guilty to trespassing with intent to commit a criminal offence at a house on the Tuam Road, Galway, on 13 October 2013. He was sentenced to three years imprisonment by Judge Rory McCabe on 8 October 2015. On appeal, Mr Justice Garrett Sheehan set aside the original term and imposed a new three‑year sentence with the final 18 months suspended. Mason must enter a good‑behaviour bond for the suspended period. The Court of Appeal noted that the injured party was at home with family when the incident occurred, was assaulted by four men, and was threatened with a bomb if he did not cooperate. Mason was identified in an identification parade and admitted to being in the home but denied giving any message. The Court considered Mason's low risk of reoffending and his health‑related unsuitability for community service. The suspended portion was specifically 18 months, leaving a 30‑month custodial term.

2016-07-08 · Galway

Drunk, disqualified driver who caused death with unroadworthy, overloaded car has sentence cut on appeal

Brian McDonagh, aged 25, was convicted of dangerous driving causing the death of his 19‑year‑old friend Thomas McDonagh in a single‑vehicle crash near Kylemore, Connemara, on 2 February 2014. He also pleaded guilty to driving without insurance. The original sentence was 10 years' imprisonment, with the final two years suspended, and a 20‑year driving disqualification. On appeal, the Court of Appeal found the maximum sentence excessive and noted that a psychiatric report showing McDonagh's remorse had not been considered. The sentence was reduced to eight years' imprisonment, with the final two years suspended, and he was required to enter a good‑behaviour bond for the suspended period. The driving disqualification remains in force. The appeal did not alter the fact that the incident involved an uninsured, unroadworthy, overloaded car and that McDonagh was two‑and‑a‑half times over the alcohol limit.

2016-07-04 · Galway

Driver who went on "pub crawl" before causing death appeals sentence

Brian McDonagh, aged 25, was convicted in Galway Circuit Criminal Court of dangerous driving causing the death of Thomas McDonagh, aged 19, in a single‑vehicle crash near Kylemore on 2 February 2014. He pleaded guilty and was also found guilty of driving without insurance. Judge Rory McCabe sentenced him to 10 years' imprisonment, with the final two years suspended, and imposed a 20‑year driving disqualification. McDonagh's counsel, Vincent Heneghan, appealed, arguing the judge erred by imposing the maximum sentence and had not considered a psychiatrist's report indicating genuine remorse or McDonagh's background and alcohol abuse. The Director of Public Prosecutions, Sinead Gleeson, highlighted aggravating factors: McDonagh was on a pub crawl, two‑and‑a‑half times over the limit, disqualified, uninsured, driving an unroadworthy, overloaded vehicle, and was uncooperative at the scene. The appeal will be heard next Friday.

2016-06-13 · Galway

Man who "brought peace to bear" on Traveller feud, has sentence cut on appeal

Patrick Sherlock, 47, of Droim Chaoin, Galway, pleaded guilty to assault causing harm to another man on 25 March 2012. He was originally sentenced to four years' imprisonment with the last 12 months suspended. On appeal, the Court of Appeal found that the judge had not given sufficient weight to mitigating factors. Mr Justice Alan Mahon noted that Sherlock had not armed himself with the carjack used in the assault and that the incident was a single blow. He also highlighted Sherlock's efforts to mediate a serious Traveller feud, which had been a concern for the community and Gardaí. The appeal court therefore reduced the sentence to three years' imprisonment with the final nine months suspended, citing the mitigating circumstances and the nature of the assault.

2016-04-21 · Galway

Man who faked own abduction to rob uncle's supermarket spared jail despite successful DPP appeal

Gordon O'Rourke, 34, pleaded guilty to stealing almost €45,000 from his uncle's supermarket in Inverin on 30‑31 July 2012 and to making a false statement to gardaí. He had staged a fake abduction to justify the robbery. The Galway Circuit Criminal Court imposed a two‑year suspended sentence and 240 hours of community service. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". The Court of Appeal upheld the original sentence but added a €10,000 compensation payment to the injured party and required O'Rourke to pay within three years. He was also ordered to enter a good‑behaviour bond for three years. No custodial sentence was imposed, and the compensation was to be transferred to the State Solicitor for Galway. The case highlighted the court's focus on deterrence and the need for a clear punitive element.

2016-02-19 · Galway

"Menace to society" with 166 previous convictions gets jail term reduced on appeal

Martin McDonagh, 30, of Galway, pleaded guilty to robbery on 13 October 2013 and was sentenced to seven years' imprisonment on 12 March 2015. The Court of Appeal suspended the final 18 months of that sentence, giving him a chance to reform. McDonagh, who had 166 prior convictions, was described by the judge as a menace to society. The robbery involved impersonating a Garda, demanding keys, punching the victim, and stealing a mobile phone. The victim suffered severe impact, losing confidence and €1,600. McDonagh had lived in Canada before returning to Ireland. He was ordered to enter a good‑behaviour bond for three years after release. The appeal decision was made by Justice George Birmingham, with Justices Garrett Sheehan and John Edwards.

2015-07-30 · Galway

Suspended 4-year drugs sentence found "unduly lenient" is replaced by suspended 2-year sentence

Warren Bowen, a 48‑year‑old South African man living in The Palms, Kinvara, was found guilty of possessing €37,100 worth of cannabis for sale or supply at his home on 19 October 2011. He pleaded guilty at Galway Circuit Criminal Court and was originally given a wholly suspended four‑year sentence on 27 February 2014 by Judge Rory MacCabe. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". The Court of Appeal, hearing the case on 30 July 2015, imposed a new two‑year sentence but suspended it in full. Judge John Edwards cited Bowen's continued good behaviour, the stressful waiting period for the appeal decision, and the re‑establishment of his relationship with his 13‑year‑old daughter as reasons for the suspension. Bowen was required to enter a €100 bond to keep the peace during the suspended period and confirmed he would comply.

2015-07-27 · Galway

Remorseless abuser loses appeals against conviction and sentence

James Kelly, 59, from Cashel in Connemara, lost an appeal against his conviction and six‑year sentence for indecent assault on a boy aged six to ten between January 1976 and December 1979. He pleaded not guilty to 16 counts at Galway Circuit Criminal Court, but a jury found him guilty on all counts. Judge Rory McCabe imposed a net sentence of six years, with two years for each of the first 14 counts running concurrently and two years for the final two counts running consecutively. On appeal, Mr Justice John Edwards dismissed Kelly's challenge to the sentence, noting no remorse and that the trial judge had properly directed the jury. The appeal against conviction was also dismissed, with the court agreeing that the judge had not misdirected the jury. The case involved a progression from molestation to buggery, with the victim threatened by Kelly if he disclosed the abuse.

2015-07-10 · Dublin

Raider given 10 years for role in theft of €100,000 worth of watches from jewellers loses appeal

Gavin Carabini, 31, of Dublin, was sentenced to 10 years' imprisonment for his role in a robbery that stole 28 Rolex and 18 Cartier watches worth over €100,000 from Hartmann Jewellers on 28 November 2008. The robbery involved three men armed with a handgun and iron bars who entered the shop at 1.10 pm, threatened staff, smashed a glass cabinet, and fled in a BMW. Carabini was arrested after a Garda search and had 63 previous convictions. The sentencing judge, Rory McCabe, imposed 10 years with the final 18 months suspended, citing the seriousness of the offence and the aggravating factors. Carabini appealed on the grounds of an unduly harsh sentence, but the Court of Appeal, led by Justice Garrett Sheehan, dismissed the appeal, describing the trial judge's approach as exemplary. The appeal was dismissed on 13 November 2013. Gavin Carabini pleaded guilty.

2014-07-21 · Galway

Man who left bank worker in a coma after unprovoked assault has sentence reduced on appeal

In 2011, Dean O'Brien, aged 28, was convicted by a Galway Circuit Criminal Court jury of assault causing serious harm after an unprovoked attack on bank worker Mr Barry Mannion. O'Brien, driving a car with passengers, revved the engine and beaded the horn at a group outside a takeaway. An altercation ensued, and O'Brien threw beer bottles at a man who had tried to calm the situation. O'Brien then punched Mannion, splitting his lip and causing severe head injuries that left Mannion in a coma for two weeks and required a titanium plate in his skull. The victim could not return to work. O'Brien's eight‑year sentence was reduced by 18 months on appeal, with the suspended portion to be served under probation supervision. The court noted the assault was spontaneous, unpremeditated, and without a weapon. The judge highlighted the severe, life‑changing injuries to the victim and the high risk of reoffending. Dean O'Brien pleaded not guilty.

2014-07-16 · Galway

Man sentenced to 12 years for €630k cocaine possession fails in appeal

Alan Graham, 41, was sentenced in January 2012 to 12 years' imprisonment, two years suspended, for possession of cocaine worth over €600,000. He pleaded guilty to possession of €420,000 of cocaine for sale or supply at Glenbrack, Gort, on 2 November 2010, and to possession of €210,000 of cocaine at Goaley's farmhouse, Annaghdown, on 4 November 2010. The court described him as a "trusted lieutenant" with access to other valuable goods. His appeal against the sentence's severity was dismissed by the Court of Criminal Appeal, which found no error in the trial judge's decision.