Court archive
Sligo Circuit Criminal Court
2022-04-08 · Sligo
The Court of Appeal has rejected an appeal against the severity of a sentence imposed on an unnamed 67-year-old man for sexual assault. In November 2020, at Sligo Circuit Criminal Court, the appellant pleaded guilty to 23 counts of sexual assault committed against a victim between September 1999 and May 2011. Judge Francis Comerford sentenced him to twelve-and-a-half years, with four years suspended, resulting in an effective custodial term of eight-and-a-half years. The appellant, who suffered from ill-health, argued that the sentence was excessive and contained an error in principle. His counsel, Eileen O'Leary SC, highlighted mitigating factors including his early guilty plea, admissions to TUSLA before a Garda complaint, lack of prior convictions, and a public apology. The Director of Public Prosecutions, represented by Leo Mulrooney BL, countered that the abuse was serious, occurring in the appellant's car, home, and a garden shed, causing the victim severe psychological harm. In an ex tempore judgment delivered by Mr Justice Patrick McCarthy, sitting with Mr Justice George Birmingham and Ms Justice Isobel Kennedy, the court found the sentence fell within the judge's margin of appreciation. The judges noted the appellant had been "living a lie" while serving as a Minister of the Eucharist and concluded that no error in principle was made in imposing the custodial term.
2022-04-01 · Sligo
A man aged 67 has appealed his sentence at the Court of Appeal following conviction for sexually assaulting a victim over a 12-year period beginning when she was ten years old. He was sentenced to 12.5 years, with four years suspended, at Sligo Circuit Criminal Court in November 2020 after pleading guilty to 23 counts of sexual assault committed between September 1999 and May 2011. His legal representative argued the eight-year custodial term was excessive and disproportionate, citing his early guilty plea and absence of prior convictions. The Director of Public Prosecutions submitted the sentence appropriately reflected the severity of the abuse, which occurred in various locations including the appellant's vehicle, home, and garden shed. The victim reported experiencing lasting psychological harm, including anxiety and self-harm. The three-judge court has reserved judgment on the appeal.
2022-02-11 · Sligo
A 44-year-old Lithuanian man has failed in his appeal against a four-year custodial sentence imposed for managing a cannabis cultivation operation in Ballymote, County Sligo. Danius Gastilavicius pleaded guilty to cultivating cannabis plants at the premises on 26 March 2020 and was sentenced to five years' imprisonment with the final year suspended by Judge Francis Comerford at Sligo Circuit Criminal Court in December 2020. Gastilavicius argued the sentence was disproportionate compared to that of his teenage co-accused, who received three years with the last 20 months suspended. His counsel submitted both men were apprehended at the scene and noted fewer than 20 plants were recovered. The Director of Public Prosecutions contended the appellant held a managerial position and had significant previous convictions, distinguishing his culpability from his younger co-accused. The Court of Appeal dismissed the application, finding Judge Comerford had properly assessed each offender's respective roles.
2016-07-04 · Sligo
Francis McLoughlin and Brian Wynne, otherwise Bernard, have had their appeals against convictions for historical sexual abuse adjourned. The men were found guilty by a jury at Sligo Circuit Criminal Court of indecently assaulting young boys in a period ending in January 1973. McLoughlin, who was found guilty of assaulting two boys, was sentenced to four years imprisonment with the final six months suspended. Wynne, who pleaded not guilty to assaulting one boy, received a wholly suspended two-year sentence. Both sentences were imposed by Judge Petria McDonnell on October 13, 2014. In their appeals, counsel argued that the convictions were unsafe due to trial mismanagement, including the refusal to order separate trials and issues regarding system evidence and corroboration. McLoughlin's lawyer contended that his client was prejudiced by being tried alongside Wynne, while Wynne's counsel highlighted the lack of system evidence in his client's case and alleged the trial judge inverted the burden of proof. The Director of Public Prosecutions countered that the alleged system of abuse was unusual and that Wynne was part of that system. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice Alan Mahon, reserved its judgment, meaning the matter was adjourned and not concluded.
2014-03-31 · Sligo
The Court of Criminal Appeal has declined to order a retrial of two nightclub doormen whose assault convictions were previously quashed. Frankie Murphy, aged 44, of Stephen Street, Sligo, and John Molloy, aged 33, of Creggs Road, Ballina, County Mayo, had been found guilty in October 2011 by Sligo Circuit Criminal Court of assault causing harm following an incident at Envy nightclub on 18 February 2009. The victim lost part of one finger when an entrance door was closed against him. The appeal court found the convictions unsafe and set them aside last month. Although the Director of Public Prosecutions sought a retrial, Ms Justice Elizabeth Dunne ruled that weaknesses in key prosecution witness evidence and the considerable time elapsed since the alleged offence made a retrial inappropriate. The court identified deficiencies in how the trial judge charged the jury regarding self-defence, accident, and joint enterprise. Costs were awarded to Mr Molloy.
2014-02-24 · Sligo
The Court of Criminal Appeal has set aside the convictions of two nightclub doormen from Sligo and Co Mayo who were sentenced in 2011 for assault causing harm. Frankie Murphy of Stephen Street, Sligo, and John Molloy of Creggs Road, Ballina had each received three-year suspended sentences and were ordered to pay €10,000 following their conviction by Sligo Circuit Criminal Court jury in October 2011. The incident occurred in February 2009 at Envy nightclub in Sligo town, resulting in serious injury to the complainant. On appeal, the Court of Criminal Appeal found that the trial judge's charge to the jury had failed to adequately address the separate defences raised by each defendant, including self-defence and accident. Justice Elizabeth Dunne ruled that the convictions were unsafe and should be quashed. The State indicated it would seek further instructions regarding the matter, with the case listed for mention at a future date.