Court archive
Kilkenny Circuit Criminal Court
2023-02-17 · Waterford
In February 2023, a Waterford man, Chris Kelly, aged 32, was caught by the Garda Armed Response Unit with a handgun while wearing disposable gloves. He had pleaded guilty to possession of a firearm on 20 May 2020, the same date and location as his co‑accused Kealan Madden. Kelly had one prior conviction for cannabis possession, whereas Madden had 13 prior convictions. The original sentence in December 2021 was six years' imprisonment with the last year suspended. Kelly appealed, arguing that his single prior conviction gave him a "justified grievance" and that he should not be treated more severely than Madden. The Court of Appeal quashed the original sentence and re‑sentenced Kelly to five years' imprisonment with one year suspended, matching Madden's sentence. The decision was based on the lack of a substantial basis for distinguishing the two men, despite Kelly's Crohn's disease and other personal circumstances.
2022-05-12 · Kilkenny
A 49‑year‑old man was sentenced to five years' imprisonment for sexually assaulting his 10‑year‑old niece at a sleepover on 27 November 2016. He pleaded not guilty, but a jury found him guilty of one count under Section 2 of the Criminal Law (Rape Amended) Act 1990. Judge Patrick Meghen imposed the sentence at Kilkenny Circuit Criminal Court in June 2021. The man, who was 43 at the time of the offence, appealed, arguing the sentence was excessive and disproportionate. On appeal, the Court of Appeal quashed the five‑year term, citing a fundamental error in treating his refusal to accept the verdict as an aggravating factor and the failure to suspend any portion of the sentence. The court reinstated the original seven‑year sentence with three years suspended, effectively reducing the custodial term by one year.
2022-05-12 · Kilkenny
In Kilkenny Circuit Criminal Court, William Harty, aged 31, was found guilty of endangerment and criminal damage after he deliberately crashed his car into the front of his family home in Kilmanagh, Co Kilkenny, causing over €50,000 in damage. He pleaded not guilty but was convicted and sentenced to five years' imprisonment by Judge Cormac Quinn in October 2020. Harty appealed, arguing that the 999 call made by his wife should not have been admitted and that the crime scene had not been properly preserved by the Gardaí. The Court of Appeal, in a judgment by Mr Justice Patrick McCarthy with Mr Justice George Birmingham and Mr Justice John Edwards, dismissed the appeal. The court upheld the admissibility of the 999 call and found no practical effect from any alleged preservation issues, confirming the original conviction and sentence.
2020-03-09 · Kilkenny
Romeo Stanescu, a 30‑year‑old Romanian, pleaded guilty to burglary at The Playwright pub in Kilkenny on 11 June 2018, stealing €3,500 in banknotes. He was originally sentenced to three years' imprisonment by Judge Terence O'Sullivan on 29 October 2019. On appeal, the Court of Appeal, led by Mr Justice John Edwards, reduced his term to two years. Edwards noted that Stanescu entered the pub shortly after opening, claimed he was looking for coffee, and later sought a toilet, leaving the premises after taking money from a cupboard. CCTV captured him removing bundles of cash and attempting to access a safe. Edwards described the offence as an opportunistic theft with limited premeditation, and the loss did not threaten the business. The final sentence was two years' imprisonment, with the last 18 months suspended.
2018-04-16 · Waterford
Jake Breen, aged 20, pleaded guilty to ten offences in Kilkenny Circuit Criminal Court for events in Carlow and Kilkenny on 7 November 2016. He used a stolen Toyota Land Cruiser, fitted with false plates, to pick up a hitchhiker who was at the start of a world tour. The vehicle stopped, the hitchhiker got out, and the car drove off with the hitchhiker's property still inside. The hitchhiker was thrown to the ground but suffered only minor injuries. Gardaí pursued the Land Cruiser, which drove aggressively, collided with a Garda car, and then reversed. One co‑occupant was apprehended; Breen fled. Breen was sentenced to five years' imprisonment, with the final year suspended, and banned from driving for ten years. The Court of Appeal dismissed his appeal, confirming the sentence as appropriate for the seriousness of the incident.
2018-03-05 · Kilkenny
Martin Holden, 52, of Garrigue, Mullinavat, Co Kilkenny, was found guilty of multiple thefts over a five‑year period from 2007 to 2012. He advertised non‑existent heavy machinery on internet sites, offering competitive prices and claiming to arrange overseas shipping. He collected deposits from 17 victims worldwide, ranging from €2,000 to €40,000, and transferred the money to Lithuania. The High Court ordered his extradition to Lithuania, but the order was stayed until he served his sentence. On appeal, the Court of Appeal increased his sentence from four years with the final year suspended to four years and eight months imprisonment. The judge noted that Holden resumed the same pattern of fraud while on bail and that the offence was serious, elaborate and carried out over five years. The sentence was deemed unduly lenient and was accordingly increased.