Court archive

Trim Circuit Criminal Court

2022-06-21 · Dublin

Appeal against conviction for series of 'vicious' assaults is temporarily struck out

In June 2022, the Court of Appeal struck out an appeal against the conviction and sentence of Declan Byrne, a 35‑year‑old former resident of Spencer Dock, Sheriff Street, Dublin. Byrne had been jailed for eight years for his role in a series of "vicious and savage assaults" outside a nightclub in Ashbourne, Co. Meath, on 1 August 2016. He pleaded not guilty to one count of violent disorder, one count of causing serious harm, and three counts of causing harm, but a jury at Trim Circuit Criminal Court found him guilty in March 2020. He received a nine‑year sentence with 12 months suspended. Byrne, now in Midlands Prison, had previously sought appeals that were adjourned when he changed counsel. The latest appeal hearing was scheduled for that day, but his new barrister, Keith Spencer BL, requested another adjournment to review CCTV footage and notes from Byrne's former legal team.

2022-03-08 · Meath

International crime gang member fails in bid to reduce sentence

Daniel Munteanu, a 32-year-old Romanian national from Navan, Co Meath, has failed in his appeal against a custodial sentence imposed at Trim Circuit Criminal Court. Munteanu pleaded guilty to 10 charges of stealing €121,800 from 52 Bank of Ireland accounts between September 9, 2018, and March 4, 2019. He also admitted possessing 51 cloned bank cards, card-making equipment, and false identity documents. Judge Martina Baxter originally sentenced him to seven years, with the final six months suspended, after applying a discount to an 11-year headline sentence. Munteanu appealed on the grounds that the judge placed insufficient weight on mitigation, arguing he was merely a 'foot-soldier' in an international skimming gang who received a 10-15% cut of the proceeds. The Court of Appeal, presided over by Mr Justice George Birmingham, dismissed the appeal. The Court President noted that the original judge had applied a 'significant and generous' discount and that the final six-and-a-half-year term clearly fell within the available range. The court accepted the prosecution's submission that Munteanu was part of a complex criminal organisation operating across multiple jurisdictions, including Ireland, the UK, Belgium, Romania, and Italy, which justified the severity of the sentence.

2022-02-14 · Louth

Home owner attacked after catching serial burglar

Daniel Leonard, 32, of Barton Park, Dundalk, was jailed for three years after pleading guilty to theft, assault and burglary at a residential premises on Chapel St, Dundalk, on 28 June 2020. He was caught by the homeowner moments after stealing a bicycle, a car key and a power drill, and then began to throw punches at the homeowner before being restrained and arrested. Leonard, who has five previous burglary convictions, appealed the severity of his sentence at Trim Circuit Criminal Court. In his appeal, his lawyers conceded that he had been detained in the street by the homeowner and that he had been drug‑addicted for several years at the time of the offence. The Court of Appeal, hearing submissions from both sides, found no error in principle in the original sentencing and dismissed the appeal. Leonard's sentence of three years remains in force, with no reduction or suspension granted.

2021-11-15 · Meath

Suspended sentence for on-bail serial burglar too lenient, court finds

Donal Lee, 25, had a wholly suspended sentence quashed on appeal after he broke into Stack's Pharmacy in Laytown on 1 December 2018. Lee, who had 43 prior burglary convictions, had been serving a suspended five‑year term from 2016. In March, Judge Patrick Quinn imposed a three‑year term and suspended it entirely. The Director of Public Prosecutions appealed, arguing the sentence was too lenient and that Lee's modus operandi involved roof entry and pre‑meditation. The appeal was heard by Mr Justice Patrick McCarthy, who noted CCTV evidence of Lee's visits to the pharmacy before the burglary and described the offence as serious. The court found the judge erred by not imposing custodial time, and the suspended sentence was overturned. Lee will begin a custodial term next month when his current term ends.

2021-07-12 · Dublin

Pair appeal sentences for 'vicious and savage' attack that left man with severe brain injury

The Court of Appeal reserved judgment on appeals by Leroy Howard and Stephen Coyle against their sentences for violent disorder arising from an August 2016 attack in Ashbourne, Co Meath. Both men were sentenced to seven and a half years in prison by Judge Martina Baxter in July 2020. Howard, who pleaded guilty to violent disorder and assault causing harm, had the final 12 months of his sentence suspended. Coyle, who was also sentenced for the same offences, had the final two years suspended. Counsel for both appellants argued that the judge erred in law by setting a headline sentence of 10 years, the maximum term for the offence, citing the lack of premeditation, absence of weapons, and short duration of the attack. The DPP opposed the appeals, arguing the violence was not spontaneous and warranted a sentence in the highest range. A separate appeal by Declan Byrne, who was convicted of violent disorder following a trial and sentenced to nine years with the final 12 months suspended, did not proceed due to his last-minute wish to change his legal team. The matter regarding Howard and Coyle remains pending as the court reserved its judgment.

2019-03-29 · Dublin

Spandex-wearing gang who tried to rob €2m face longer sentence

In 2016, a trio of men—Stefan Saunders (40), Francis Murphy (39) and Damien Noonan (32)—conspired to rob a cash‑in‑transit van carrying over €2 million in County Meath. They were caught after Gardaí arrived, but the men had already prepared the scene: they broke into a disused bank, disabled the alarm, sprayed bleach, and waited with a stolen BMW X5. Saunders carried a semi‑automatic pistol with eight blank rounds, Murphy had a crowbar, and Noonan possessed the stolen vehicle. All three pleaded guilty to conspiracy to commit robbery, possession of a firearm, and possession of a stolen vehicle. On 12 June 2018 they were each sentenced to 10 years' imprisonment, with a two‑and‑a‑half‑year suspended portion. The Director of Public Prosecutions has applied for a review, arguing the sentences were unduly lenient, while the Court of Appeal has reserved its judgment. The case remains at the appeal stage.

2017-03-27 · Wexford

Kilsaran may face increased fine over employee death after DPP appeal

Kilsaran Concrete, a manufacturer in Piercetown, Dunboyne, was fined €125,000 in February 2016 for failing to ensure employee safety after Barry Gargan, 28, was killed in September 2011 while operating a wet‑cast machine. The DPP has appealed, arguing the penalty was "unduly lenient." The appeal is pending, with the Court of Appeal reserving judgment until April 6. In the appeal, barrister Carl Hanahoe described how the company used a wet‑cast line, originally for standardised curbing stones, to produce bespoke concrete slabs for regeneration projects in Limerick and Ballymun. He alleged deliberate overriding of safety features, incremental efficiency gains that increased danger, and that employees were positioned on either side of the conveyor belt inside a safety cage. A worker had reported a "near miss" over about 12 months. Kilsaran's counsel, Hugh Hartnett SC, maintained that the system was wrong from the start and that the company had paid civil sums quickly. Kilsaran Concrete pleaded guilty.

2017-02-06 · Meath

Drunk driver who had taken cannabis when he caused death of friend in dangerous car has jail term cut on appeal

Vincent Cadden, aged 28, was convicted of dangerous driving causing the death of his friend Colm Melia, aged 22, in a car that had been heavily modified for closed‑circuit racing. The fatal incident occurred on 5 October 2014 at Fenner Upper, Oldcastle. Cadden had been over the legal alcohol limit and had consumed cannabis that night. He was sentenced by the Trim Circuit Criminal Court to six years' imprisonment and a ten‑year driving disqualification. On appeal, the Court of Appeal, led by Mr Justice Garrett Sheehan, reduced the custodial term by suspending the final 18 months, while the driving ban remained in force. The decision was based on Cadden's cooperation, lack of prior convictions, and his remorse, though the court upheld the six‑year headline sentence as appropriate. The case highlighted the vehicle's dangerous modifications and the high speed at which it was travelling. Vincent Cadden pleaded guilty.

2016-07-05 · Meath

Acceptance of contested allegation that man locked girlfriend in dog cage an error, appeal court finds

Andrew Smith, a 24‑year‑old mechanic from Navan, pleaded guilty to assault causing harm to his girlfriend Chloe Cherry on 27 October 2013. The original sentence of two‑and‑a‑half years, with six months suspended, was imposed by Judge Michael O'Shea on 18 June 2015. Smith appealed, arguing that the sentencing judge failed to resolve a factual conflict regarding an alleged incident in which he supposedly locked Cherry in a dog cage. The Court of Appeal, led by Mr Justice Alan Mahon, found that the judge had not conducted a "Newton type hearing" and had accepted the victim's account of the dog‑cage allegation as true, an error in principle. Consequently, Smith was re‑sentenced to two years' imprisonment, with 15 months suspended, and was required to enter a good‑behaviour bond for the suspended period. The appeal did not alter any other aspects of the case.

2016-02-22 · Dublin

Dublin man who took part in rural post office robbery loses sentence appeal

Jonathan O'Neill, 24, of Kilmore, Dublin, pleaded guilty to robbery and aggravated burglary at Clonalvy Post Office, County Meath, on 21 November 2012. He was sentenced to six years' imprisonment on both counts, to run concurrently, by Judge Michael O'Shea on 13 November 2014. The Court of Appeal, hearing the appeal on 22 February 2016, dismissed it, ruling that the judge had considered all mitigating factors. The case involved two men armed with knives who entered the post office at about 9.40 am, threatened an elderly employee and a woman in her late 80s, demanded money from a cash delivery, and later forced entry into a house, demanding car keys. The men stole a car, which crashed, and fled on foot. The post office employee was deeply traumatised and did not return to work. O'Neill's history of drug addiction and a prior drug‑possession conviction were noted.

2016-02-08 · Roscommon

Prosecutors fail to argue for review of sentences imposed on Vietnamese nationals

In 2016, the Director of Public Prosecutions sought a review of sentences for three Vietnamese nationals convicted of cannabis offences, arguing the sentences were "unduly lenient." The Court of Appeal, hearing the case on 8 February 2016, found that the Circuit Court judge had properly weighed the seriousness of the offences and the personal circumstances of the defendants. The judge had imposed six years' imprisonment with three years suspended for Choung Vu (45), four years' imprisonment with two‑and‑a‑half years suspended for Kham Tu (61), and four years' imprisonment with three years suspended for Tuan Cong Le (53). The Court of Appeal dismissed the appeal, concluding the sentences were not excessive and were proportionate to the harm and culpability involved. The court noted the defendants were legally present in the jurisdiction and did not fall into the comparative cases of illegal migrants or trafficked individuals. The decision reaffirmed the original sentencing as appropriate and justified. Kham Tu pleaded guilty. Tuan Cong Le pleaded guilty.

2016-02-01 · Roscommon

DPP seeks review of sentences imposed on legal Vietnamese immigrants for cannabis offences

In February 2016 the Director of Public Prosecutions applied to the Court of Appeal for a review of the prison sentences handed to three Vietnamese nationals convicted of cannabis offences in 2011. Choung Vu, aged 45, was found guilty of cultivation, possession and possession for sale of cannabis at Ballinlough, Kells, Co. Meath. He was sentenced on 8 July 2015 to six years' imprisonment, with the final three years suspended. Kham Tu, aged 61, pleaded guilty to cultivation and received a four‑year sentence, the last two‑and‑a‑half years suspended, consecutive to a sentence imposed a day earlier in Naas Circuit Court. Tuan Cong Le, aged 53, pleaded guilty to unlawful possession and was sentenced to four years, with the final three years suspended. The DPP argued the sentences were "unduly lenient", citing that the defendants were legally resident in the jurisdiction and not under duress, unlike comparable cases involving illegal migrants or trafficked individuals.

2015-07-10 · Meath

Man jailed for setting fire to former fiancee's house to get balance of sentence suspended following appeal

Darren Rafferty, aged 40, was sentenced to three‑and‑a‑half years' imprisonment on 5 June 2014 for setting fire to his former fiancée's house in Navan on 14 January 2013. The arson caused about €79,000 of damage to the conservatory, kitchen and house, and four units of the Navan fire brigade attended the scene. Rafferty was arrested at 3.20 a.m. the same day, was intoxicated and could not be interviewed, but later confirmed he started the fire, left the house and returned to the pub, citing frustration over the breakup. He pleaded guilty at Trim Circuit Criminal Court. On 10 July 2015 the Court of Appeal, hearing Mr Justice George Birmingham, upheld the sentence but suspended the balance from 31 July, allowing Rafferty to pursue a job offer in the UK. He was ordered not to contact his former fiancée again.

2014-11-26 · Meath

Pair lose appeals against ten year jail terms for possession of €1.2m worth of cannabis

Two men, Jason Keogh (50) of Laytown, Co Meath, and Niall O'Leary (42) of Castledermot, Co Kildare, each pleaded guilty to possession of drugs for sale or supply at Bettystown, Co Meath, on 20 July 2011. They were each sentenced to 13 years' imprisonment, with the final three years suspended, by Judge Michael O'Shea at Trim Circuit Criminal Court in 2012. The Court of Appeal dismissed their appeals against the sentence. The case stemmed from a Garda National Drugs Unit surveillance operation in Swords, Co Dublin, where Keogh was seen collecting seven blue barrels of cannabis from an industrial estate and transporting them to a rented house in Bettystown. A search warrant led to the discovery of about 100 kg of vacuum‑packed cannabis, estimated at €1.2 million street value. Keogh and O'Leary were paid €5,000 and €2,500 respectively for their roles.