Court archive
Mayo Circuit Criminal Court
2021-01-13 · Ireland
A man convicted of sexually abusing a child in County Mayo during the summer of 1978 has had his prison sentence reduced on appeal. The Court of Appeal found that the trial judge erred in principle by failing to apply any mitigating factors when sentencing. The man was found guilty by majority verdict in October 2018 of five counts of indecent assault and was initially sentenced to eight years and nine months, with one year and nine months suspended. The appellate court determined that the defendant's age at the time of the offences, his clean record over the subsequent forty years, and the significant delay before prosecution constituted relevant mitigating circumstances that should have been considered. Mr Justice Patrick McCarthy, sitting with the Court of Appeal President and Ms Justice Isobel Kennedy, re-sentenced the appellant to eight years and nine months with the final two years and nine months suspended, increasing the non-custodial portion of the original sentence.
2020-07-02 · Ireland
A County Mayo man has failed in his appeal against a seven-year prison sentence imposed for the sexual abuse of three sisters over an eighteen-year period. The 65-year-old, whose identity is protected to safeguard the victims' anonymity, was convicted in October 2017 by jury at Mayo Circuit Criminal Court on nineteen counts of indecent assault against one sister and one count each against her two siblings. The abuse began in 1976 when the victims were aged between nine and twelve years old, with the final incident occurring in 1994. The Court of Appeal, presided over by Justice John Edwards, had previously upheld the conviction. In today's ruling on the sentence appeal, the court found the seven-year concurrent sentence was both just and appropriate, adequately reflecting the gravity of the offending. The judges expressed satisfaction that no error had been made in sentencing and dismissed the appeal.
2020-06-08 · Ireland
A 65-year-old Mayo man has appeared before the Court of Appeal to challenge the severity of his sentence for sexually abusing three sisters over an 18-year period beginning in 1976. The man was convicted in October 2017 by a Mayo Circuit Criminal Court jury on 19 counts of indecent assault against one sister and one count each against her two siblings. He received a concurrent seven-year prison sentence. His previous appeal against conviction was refused last month. During today's hearing, his barrister argued that the seven-year term was disproportionate and that the trial judge had erred in principle when assessing the gravity of offences against the middle sister. The barrister submitted the sentencing should have been placed in the mid-range rather than near the top of the scale. The Court of Appeal, presided over by Justice George Birmingham and including Justice John Edwards and Justice Patrick McCarthy, reserved its decision.
2020-05-08 · Ireland
A man from County Mayo has unsuccessfully appealed his conviction for sexually assaulting three sisters over an eighteen-year period beginning in 1976. He was found guilty by a Mayo Circuit Criminal Court jury in October 2017 on nineteen counts of indecent assault against one sister and one count each against her two siblings. The trial heard that the abuse began when the victims were aged between nine and twelve years old. He received concurrent prison sentences totalling seven years. On appeal, his counsel argued that the trial judge erred in refusing to sever the indictment, contending the three separate complaints should not have been heard together as they lacked the striking similarities required. The Court of Appeal, however, determined that the trial judge correctly admitted all counts simultaneously, identifying significant common features across the allegations including the victims' ages, familial connection, and methods of abuse. The court dismissed the appeal.
2020-04-30 · Ireland
A Mayo man has appealed his conviction for sexually abusing three sisters over an extended period. He was found guilty in October 2017 on 19 counts of indecent assault against one girl and one count each against her two sisters. The Circuit Criminal Court jury heard evidence of offences occurring between 1976 and 1994, when the victims were aged between nine and twelve years old. The man received concurrent sentences totalling seven years. His appeal, heard remotely at the Court of Appeal, centres on whether the trial judge erred in refusing to sever the indictment, allowing all three complaints to be heard simultaneously. The appellant's counsel argued the cases lacked the striking similarities required for joint trial. The Director of Public Prosecutions' counsel contended substantial similarities existed, including the victims' ages, family connection, and consistent methods of abuse. The three-judge panel reserved its decision.
2020-04-29 · Ireland
A man convicted of sexually abusing a child in County Mayo during the 1970s has appealed his conviction at the Court of Appeal. The defendant was found guilty in October 2018 by majority verdict on five counts of indecent assault alleged to have occurred between May and August 1978. He received a sentence of eight years and nine months, with the final 21 months suspended, in February 2019. The appeal centres on grounds of substantial delay in prosecution and its impact on fair trial rights. Defence counsel argued that the complainant's delay in reporting and gardaí's delay in charging the defendant, combined with the deaths of potential defence witnesses, prejudiced the accused's ability to mount a proper defence. The Director of Public Prosecutions submitted that a delay warning was appropriately issued at trial and that corroborative evidence was heard. The Court of Appeal, presided over by Mr Justice George Birmingham, reserved judgment and indicated a decision would be delivered as soon as possible.