Court archive
Monaghan Circuit Criminal Court
2022-02-07 · Monaghan
Michael McGauley, aged 49 and formerly of Highfield, Carrickmacross, has had his prison sentence increased following a successful appeal by the Director of Public Prosecutions. McGauley pleaded guilty at Monaghan Circuit Criminal Court to five counts of deception and theft committed between February 2016 and October 2018, defrauding victims of approximately €149,600 in total. He was initially sentenced to three years' imprisonment with sentences running concurrently. The Court of Appeal, presiding over the case on 7 February 2022, found the original sentence unduly lenient and quashed it. Mr Justice Patrick McCarthy, sitting with Ms Justice Isobel Kennedy and Ms Justice Úna Ní Raifeartaigh, increased the sentence to five years' imprisonment, with sentences to run consecutively. The court noted the manner in which offences were perpetrated caused particular harm to victims. McGauley was ordered to surrender himself to prison authorities on 16 February 2022.
2016-05-26 · Monaghan
A man convicted of leading a jewellery store robbery in Castleblayney has had his prison sentence reduced on appeal. Moise Rostas, aged 25, pleaded guilty at Monaghan Circuit Criminal Court to stealing €20,000 worth of jewellery from McGuigan's Jewellers on Main Street on 28 December 2012. He was sentenced to three years imprisonment in January 2016. The Court of Appeal reduced his term, suspending the final nine months subject to payment of €5,000 compensation. Mr Justice Alan Mahon found the sentencing judge erred by suggesting the shopowner and employee were present during the theft, when they had not been. The judge noted Rostas had no previous convictions and was already demonstrating rehabilitation in custody. The Court of Appeal imposed a two-year good behaviour bond on release. The jewellery was never recovered. Following the robbery, the business subsequently closed.
2015-07-09 · Donegal
A 28-year-old teacher from Letterkenny in County Donegal has had the balance of a 12-month prison sentence suspended on appeal following a conviction for careless driving that resulted in a fatal collision. Declan O'Donnell pleaded guilty at Monaghan Circuit Criminal Court to careless driving at Tulvaragh Lower, Carrickmacross on January 25th, 2013. He was sentenced to 12 months imprisonment on June 17th, 2015. The Court of Appeal found that the sentencing judge had been unduly influenced by the tragic consequences rather than the circumstances of the driving itself. The court noted the absence of aggravating factors, including no evidence of speeding, erratic driving, or impairment. O'Donnell was suspended from driving while travelling home from Dublin to Donegal on a wet evening when his vehicle collided with another car. The appeal court determined the case could be appropriately dealt with through a non-custodial sentence and suspended the remainder of his term conditional on completing 200 hours of community service.
2014-12-13 · Monaghan
A 70-year-old man from Carrickmacross, Co Monaghan has failed in his appeal against sentences for sexually assaulting two young girls. Peter Clarke pleaded guilty to two counts of sexual assault committed in May and September 2011. He received two concurrent five-year prison sentences at Monaghan Circuit Criminal Court in January 2013. Clarke's barrister argued the sentencing judge had failed to give proper weight to the guilty plea and had made inappropriate remarks during sentencing. The Court of Appeal yesterday rejected the appeal, finding the trial judge had properly considered all circumstances and mitigating factors. The court was not satisfied the sentences were unduly severe. Clarke remains in custody and will be required to engage with the probation service for seven years following his release.
2013-11-25 · Monaghan
A man in his early twenties has had his sentence increased from two years to three years imprisonment following a successful appeal by the Director of Public Prosecutions at the Court of Criminal Appeal. The man pleaded guilty in January at Monaghan Circuit Criminal Court to four counts of sexual assault committed at his mother's home in Monaghan during 2011. The victim, aged five at the time, was in the care of the respondent's mother, who worked as a childminder. Mr Justice Nial Fennelly found the original sentence imposed by Judge John O'Hagan fell outside judicial discretion and was unduly lenient. The appellate court determined the offending constituted a mid-range sexual assault and imposed a five-year sentence with the final two years suspended, conditional on probation supervision upon release.
2013-09-23 · Monaghan
The Court of Criminal Appeal has found that a four-year sentence imposed on a man convicted of dangerous driving causing death was unduly lenient. Kevin McArdle, aged 31, of Longfield, Carrickmacross, was originally sentenced at Monaghan Circuit Criminal Court in October 2011 following a collision on the Carrickmacross to Ardee road on 27 December 2010. Three people died in the incident: Stephen Connolly's wife, their unborn child, and two passengers in McArdle's vehicle. The court heard McArdle had consumed almost three-and-a-half times the legal alcohol limit and was driving on the wrong side of the road at the time. Mr Justice Donal O'Donnell rejected characterisations of the incident as a momentary lapse, describing it instead as an utterly predictable consequence of excessive drinking. The judge adjourned sentencing for two months to allow consideration of whether the custodial portion should be extended, pending psychological and garda reports on McArdle's rehabilitation prospects.