Stephen Tynan (46) and Raymond Fitzgerald (41) have appealed their convictions for the murder of Andrew Guerrine, Tynan's cousin, who was stabbed 20 times in May 2015. The appeal argues that both men were only accessories after the fact, not principals. Tynan's counsel claims another person was involved in a drug transaction and that Tynan only assisted after the murder. Fitzgerald's counsel challenges the admissibility of CCTV footage and Automatic Number Plate Recognition evidence, arguing the system's accuracy is unproven. They also contest a voluntary caution statement taken in June 2015, asserting it was not given under custody and therefore inadmissible. The court has reserved judgment on these grounds. The appeal is heard in the Central Criminal Court, with the original convictions based on circumstantial evidence linking the defendants to the murder vehicle and location. The case remains pending. Stephen Tynan pleaded not guilty. Raymond Fitzgerald pleaded not guilty.
The Court of Appeal has dismissed John Dundon's bid to overturn his 2013 conviction for the murder of Shane Geoghegan. Dundon, who is serving a life sentence, argued that a recorded phone conversation between witnesses Lisa Collins and Christopher McCarthy, which allegedly suggested a motive to secure a conviction for an offence carrying a greater penalty, such as murder, was not disclosed at trial. Counsel claimed this omission raised concerns about the fairness of the proceedings. However, Mr Justice John Edwards rejected the appeal, finding no breach of the Director of Public Prosecutions' duty of disclosure and noting that the Special Criminal Court had already approached the witnesses' testimony with caution. The court concluded that the appellant's trial was not unsatisfactory and his verdict remained safe. Separately, Barry Doyle, who admitted shooting Mr Geoghegan in a case of mistaken identity during Garda interviews, later pleaded not guilty at trial. He was found guilty by a jury at the Central Criminal Court and received a mandatory life sentence. Both the Special Criminal Court and the High Court had previously rejected Dundon's bids to have his 2013 murder trial adjourned.
Convicted rapist and child abductor Michael Murray has been further jailed for 18 months for making bomb threats against the Oireachtas last year. Murray (53), formerly of Seafield Road, Killiney, Co Dublin, pleaded guilty to two counts of making the threats from Midlands Prison in Portlaoise, where he is currently serving sentences for which he had been due for release in November 2037. Last March, Murray was further jailed for two years after being found guilty by a jury of phoning in a hoax INLA bomb threat against the home of Minister for Justice Helen McEntee. For the second offence, a consecutive sentence of 18 months was imposed but suspended for a period of three years. Murray was also found guilty of making death threats against Dominic McGinn SC and Tony McGillicuddy BL, the barristers who prosecuted the rape case against him in 2013. He had pleaded not guilty to all of these offences. The matter was adjourned during the appeal stage.
A 15‑year‑old was convicted of anal rape of a 15‑year‑old girl and was originally sentenced to six months' detention and community supervision. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal quashed the original term and set a headline sentence of nine years, then reduced it to four and a half years after a 50% reduction for the offender's age and maturity. Further mitigating factors led to a one‑year reduction, giving a final headline of three and a half years. The court suspended the last 12 months on a €100 bond, with the sentence backdated to the day of custody. The teenager has already been released and will return to prison to serve the remaining term. The case involved an assault that included forced oral and anal penetration, with the victim reporting severe physical injury and lasting psychological impact. The unnamed girl pleaded not guilty and was acquitted.
Cathal Crotty, a 22‑year‑old former soldier from Parkroe Heights, Ardnacrusha, was given a three‑year suspended sentence by Limerick Circuit Criminal Court in June for an unprovoked attack on Natasha O'Brien on O'Connell Street in May 2022. Crotty, who was serving in the Defence Forces at the time, grabbed O'Brien by the hair, punched her to the ground, and continued to hold her hair while striking her face until she lost consciousness. O'Brien suffered a broken nose, bruising, nightmares and panic attacks. After the assault Crotty boasted on Snapchat that he had "two to put her down, two to put her out." He was discharged from the army in July. The Director of Public Prosecution has appealed the suspended sentence on the grounds of undue leniency. The appeal will be heard on 23 January, with counsel for Crotty applying for a second counsel, a request granted by Judge John Edwards. Cathal Crotty pleaded guilty.
The High Court dismissed Maureen Kelly's appeal against the Residential Tenancies Board's order that she vacate her Dublin 4 home and pay €60,000 in rent arrears. The RTB had ruled that the landlord, Miracove Holdings Ltd, had validly terminated Kelly's tenancy in June 2021, with an end date of January 2022, and that the landlord intended to sell the property within nine months of termination. Kelly had argued that the RTB erred in finding sufficient evidence of a bona fide intention to sell, citing a lis pendens and the lack of direct knowledge from Miracove directors at the time of the notice. Mr Justice Conleth Bradley upheld the RTB's decision, stating that the evidence satisfied the statutory criteria for termination and that Miracove had decided not to market the property until it was secured and vacant possession had been established. The order requires Kelly to vacate within 42 days of the determination.
In an appeal hearing, Keith McCormick (23) of La Touche Drive, Bluebell, Dublin 12 and Riverview, Church Road, Mulhuddart, Dublin 15, who pleaded guilty to possession of drugs for sale or supply on May 12, 2020, and other charges including burglary, unlawful use of a vehicle, possession of stolen property, and driving without a licence or insurance between September 2020 and May 2021, had his sentence reviewed. McCormick, who has 44 previous convictions, was previously sentenced in February to a three-year and two-month prison term with the final 12 months suspended for his role in a series of offences on January 23, 2022, during which a man died. Judge Orla Crowe imposed a global sentence of six years and six months, suspending the final 15 months on strict conditions, including keeping the peace and being of good behaviour for two years and engaging with the Probation Service for 12 months upon release. Adam Murphy (23) of Cherry Orchard Crescent, Ballyfermot, Dublin 10, pleaded guilty to manslaughter and was handed a 12-year sentence with the final two-and-a-half years suspended on strict conditions. The matter was adjourned for further consideration.
In 2024, a 76‑year‑old former Dublin man appealed a conviction for raping a 15‑year‑old babysitter in the 1980s. The trial, held at the Central Criminal Court, found him guilty of two counts of rape and three counts of indecent assault. He was sentenced to 11 years' imprisonment, with the final three years suspended. The appeal argued that the judge should have warned the jury about the lack of corroborating evidence, citing inconsistencies between the victim's statements and those of her mother. The Director of Public Prosecutions maintained that such inconsistencies were for the jury to resolve. The case highlighted the victim's testimony of being forced into sexual acts, her fear during the assaults, and her subsequent pursuit of a career as a counsellor. The judge praised her bravery and determination in reporting the crimes and giving evidence.
In an appeal hearing, the case of Keith McCormick (23) of La Touche Drive, Bluebell, Dublin 12 and Riverview, Church Road, Mulhuddart, Dublin 15, who pleaded guilty to possession of drugs for sale or supply on May 12, 2020, and other charges including burglary, unlawful use of a vehicle, possession of stolen property and driving without a licence or insurance between September 2020 and May 2021, was adjourned for finalisation on November 27. McCormick, also known as McCormick-Smith, has 44 previous convictions. In February, he was handed a three-year and two-month prison sentence with the final 12 months suspended for his role in a series of offences on January 23, 2022, during which a man died. Co-accused Adam Murphy (23) of Cherry Orchard Crescent, Ballyfermot, Dublin 10, pleaded guilty to manslaughter and was handed a 12-year sentence with the final two-and-a-half years suspended on strict conditions. The matter was adjourned for finalisation on November 27. The court heard that McCormick's earliest current release date is June 2027. Probation and psychological reports were handed to the court, and the defence asked the court to consider the principles of proportionality and totality when imposing sentence.
Martin O'Brien, 54, of Tuam, Co Galway, pleaded guilty to four charges of sexual assault committed between June 2012 and February 2014 against a teenage babysitter. The case is currently at the sentencing stage before Mr Justice Kerida Naidoo at the Central Criminal Court. The matter was previously adjourned in July to allow for the preparation of reports regarding sexual offender treatment O'Brien was undergoing. Today, the court heard mitigation from O'Brien's wife, Leonie O'Brien, who requested leniency citing his good character and family circumstances, including her own stage three breast cancer diagnosis. O'Brien also took the stand to express remorse and confirm he is attending therapy. A forensic psychologist report indicated he is at low-average risk of re-offending. The victim, who waived anonymity, described the assaults as relentless and grooming-based. Mr Justice Naidoo adjourned the case to December 16 for sentence. Separately, O'Brien has a previous conviction for sexual assault against a child, which is currently under appeal; he had contested that case, resulting in an eight-month suspended sentence and a €16,000 compensation order.
Eimear Carroll, a 42‑year‑old primary school teacher from Hillside, Seffin, Birr, Offaly, was found guilty of one count of harassment and two counts of sending obscene, grossly offensive or menacing letters by post. Over a two‑year period she sent about 500 letters to the victim's family, friends, workplace and to HIQA, alleging abuse of patients and making repeated racial slurs, referring to the victim as a "knacker". The Court of Appeal heard that the harassment was continuous, involved personal details such as the victim's cousin's death, and caused the victim to sell her house and relocate. Judge Catherine Staines had sentenced Carroll in July to four years' imprisonment, with the final two years suspended. Carroll appealed, arguing the sentence was too harsh, but the appeal was not decided in this hearing. The case was noted for its persistent, racially charged nature.
A 29‑year‑old man was jailed for a second conviction of raping a friend. The Court of Appeal overturned his earlier seven‑year sentence, which had three‑and‑a‑half years suspended, and ordered a retrial. The retrial, held earlier this year, resulted in a guilty verdict by a jury for a single count of rape committed on 7 November 2018 at the victim's home. The man had no prior convictions and had been in custody from November 2021 until January 2024, after which he was released on bail pending the appeal. Mr Justice Patrick McGrath imposed a headline sentence of seven years imprisonment, suspended the final three‑and‑a‑half years, and set conditions including compliance with probation recommendations and assessment for sex‑offender and alcohol treatment programmes. All time already spent in custody was taken into account. The victim, whose identity is protected, stated that the crime had profoundly altered her life.
Robert Redmond, a career criminal serving life imprisonment for the murder of Barry Wolverson in Swords, Co Dublin, on January 17, 2020, appealed his conviction at the Court of Appeal. Redmond, of Kilbarrack, Dublin 5, had denied the charge. His counsel argued that a North Face jacket containing gunshot residue, central to the prosecution, should have been excluded due to improper storage by gardaí, which raised contamination risks. The appeal also challenged the forensic expert's opinion on who fired the weapon, alleging it assumed Redmond's guilt. The DPP countered that CCTV and witness evidence established an unbroken chain of custody and Redmond's presence at the scene. Redmond's co-accused, Bernard Fogarty, was also sentenced to life imprisonment for the murder. At the Special Criminal Court, Redmond received a life sentence for the murder, five years for assault causing harm on Gerard Wildman, and 12 years for possession of firearms and ammunition. He is also serving a consecutive seven-year sentence for the murder of Jordan Davis. The court reserved its judgment, meaning the matter was adjourned and not concluded.
A 30‑year‑old Dublin man who claimed he was suffering from sexsomnia when he raped a co‑worker was convicted on 9 February 2018 and sentenced to eight years, with the final two years suspended on strict conditions. He appealed, arguing that the prosecution's closing address unfairly spotlighted his failure to give evidence and scorned a sleep‑disorder expert's testimony. The Court of Appeal rejected all grounds of appeal, finding no unfair or prejudicial remarks and that the judge had not erred in refusing the expert to give evidence. The appeal also failed on the grounds that evidence of a co‑worker's prior interest in the victim was permissible, and that a pre‑trial ruling allowing video‑link testimony was within the judge's discretion. The appeal was dismissed, leaving the conviction and sentence intact. The case involved the victim waking to the man's sexual act, DNA evidence, and prior sexual comments made by the accused. The unnamed 30-year-old pleaded not guilty.
Tanya Kirwan, 40, of Killisk, The Ballagh, Co. Wexford, pleaded guilty to careless driving causing serious bodily harm on 22 February 2021, when she struck 88‑year‑old Laurence 'Larry' Leacy. The collision left Leacy with spinal fractures, a fractured tibia, a lacerated scalp and kidney failure, and he later died of a respiratory tract infection. Kirwan was initially sentenced by Judge James McCourt at Wexford Circuit Court on 7 July 2022 to a one‑year suspended sentence and a four‑year driving ban. The Court of Appeal, hearing on 11 November 2024, found the four‑year ban was a discretionary order mis‑interpreted as mandatory. It quashed the original ban and imposed a two‑year, four‑month disqualification, back‑dated to 7 July 2022, while keeping the one‑year suspended sentence. Kirwan's car was in good condition, she was not intoxicated, and she had returned to work after lunch before the incident.
Anthony Ryan, an administrator of a child‑abuse messaging group, was found guilty of possessing and distributing child pornography. He pleaded guilty on 22 September 2020 and was sentenced by Judge James McCourt to a three‑year prison term suspended for four years. The State argued the sentence was too lenient, citing the 575 items seized – 326 images of girls, most under 12, and 159 videos of children in sexual activity – and Ryan's active role in the group. Ryan cooperated with Gardaí, supplied his phone PIN and pleaded guilty early, which the defence highlighted as mitigating factors. The Court of Appeal heard the case and the judge reserved judgment, noting the seriousness of the material and Ryan's organisational role in the abuse network. The case remains pending further determination.
A Galway man was convicted on 30 November 2022 of five counts of indecent assault against two sisters‑in‑law and one brother‑in‑law, all of whom were children at the time of the alleged offences. The jury found him guilty on all counts except one directed acquittal. He was sentenced on 15 June 2023 to 23 months' imprisonment, with six months suspended on the first charge and six months suspended on the three charges against his brother‑in‑law. A €500 fine was imposed for the second sister‑in‑law's charge. The man, who pleaded not guilty, has appealed, arguing that the jury's verdict was "perverse" because the judge refused to sever the indictment and that the evidence contained inconsistencies. The Court of Appeal has reserved judgment on the appeal. The case remains at the trial stage, with no further outcome reported.
A man who threatened to cut off his former partner's fingers with garden secateurs and repeatedly raped her has appealed his conviction, claiming the trial judge failed to adequately explain the defence case to the jury. He was convicted of two counts of rape, two of oral rape, two of sexual assault and two threats to kill or cause serious harm, and was jailed for ten years. The appeal argues the judge neglected to summarise the defence case and to properly charge the jury on the doctrine of recent complaint evidence, which the defence said was essential to show an honest belief of consent. The DPP's counsel said the judge had properly charged the jury. The court will reserve judgement. The victim, who fled her home after the attack, described living in fear and the lasting impact of the man's threats. The unnamed accused pleaded guilty.
Alan Harte, a career criminal serving a 30-year sentence for the kidnap and torture of Quinn Industrial Holdings director Kevin Lunney, appealed to the Court of Appeal regarding a refusal to grant him more time to seek a review of the State's decision to try him in the non-jury Special Criminal Court. Harte was convicted of falsely imprisoning and causing serious harm to Mr. Lunney at Drumbrade, Ballinagh, Co. Cavan, on 17 September 2019, contrary to the Non-Fatal Offences Against the Person Act 1997. The High Court had previously refused an extension of time for Harte's judicial review application, holding it was brought outside the three-month limit. Harte's counsel, Michael O'Higgins SC, acknowledged that Harte would have lost the case had it proceeded but argued that access to court is a constitutional cornerstone, stating, "You're entitled to go to court and lose your case." Counsel for the State, David Fennelly SC, countered that the issue was moot and that access to courts is not an absolute right. The Court of Appeal, including Ms Justice Tara Burns and Ms Justice Isobel Kennedy, indicated it would first decide on the issue of mootness and reserved judgement, meaning the matter was adjourned.
The Court of Appeal has upheld the 14-year jail term and lifetime driving ban imposed on Michael Collins (50), of St Finian's Park, Drogheda, Co Louth, who was convicted of dangerous driving causing the death of Jillian Thornton on May 27, 2016, at Waterside Great, Duleek, Co Meath. The conviction followed a trial lasting almost two weeks at Trim Circuit Court in July 2019. Collins was also convicted on two charges of endangerment, 12 charges of dangerous driving, and of driving under the influence of cannabis on the same date. At the Court of Appeal on October 11 this year, defence counsel Michael Lynn argued that the overall sentence of 15 years with one year suspended was 'clearly disproportionate' and that the 14-year term was 'almost double' that imposed in other more severe cases, contrary to the totality principle of sentencing. He also challenged the imposition of a three-year sentence for one endangerment charge and a five-year sentence for the other, while making the 10-year sentence consecutive to the longer sentence of five years. Additionally, he argued that the judge had made an error in imposing a life-long driving disqualification on Collins. The appeal was dismissed, with the court finding that no double counting or error in principle had taken place in the sentencing. The court also dismissed Collins' appeal against his driving ban, stating that he still posed a risk to members of the public and should not be allowed to return to the road. The matter was adjourned and never described as concluded or finalised.
Peter Sheeran, 33, of Carraig Mor, Kilcoole, County Wicklow, was convicted of robbery after he armed himself with a bread‑knife and stole €1,000 from Murphy's Gala store in Kilanerin on 17 June 2023. He left a two‑year‑old and a seven‑year‑old in a car while he carried out the robbery and was subsequently caught by passers‑by. Sheeran pleaded guilty at Wexford Circuit Court in December 2023, where Judge Cormac Quinn imposed a five‑year sentence, with the final year suspended. On appeal, Sheeran's counsel argued that he had no prior convictions, was acting under duress, and the offence was not premeditated. The Director of Public Prosecutions countered that the planning was minimal and the knife was more akin to a machete. Judge Patrick McCarthy acknowledged the duress but noted premeditation in Sheeran's preparation and disguise.
The Court of Appeal upheld a ruling that the Department of Transport must allow a learner driver, Osama Elsharkawy, to inspect the legal advice it received when changing the penalty points regime. Elsharkawy, who had a provisional licence from 2012 and a full licence from 2021, was disqualified for six months after accumulating seven penalty points in 2021. He argued that the new seven‑point threshold should only apply to those who entered the licensing system on or after 1 August 2014, and that the Department had applied it to those who entered earlier without providing a legal basis. The High Court found that the Department had used the legal advice for its advantage, waiving privilege. The Court of Appeal held that the Department must disclose any documents referred to in its pleadings, whether oral or written, and that there is a prima facie right to inspect them.
In a Dublin Circuit Criminal Court hearing, Mark Moran, 44, received a suspended 21‑month prison sentence for possession of 782 images and 20 films of child sexual abuse material seized from his home in 2015. The court noted that no aggravating factors such as distribution were present, and that Moran had no prior convictions. He pleaded guilty, expressed remorse, and acknowledged that the material was not downloaded intentionally. Judge Martin Nolan applied a non‑custodial option in line with Court of Appeal precedent, imposing a fully suspended sentence on strict conditions. Moran's admission of guilt, lack of previous offences, and mitigating circumstances were considered, and the judge warned that any repeat offence would be treated differently. The sentence reflects the seriousness of possession of child sexual abuse material while recognising the absence of aggravating conduct.
The Supreme Court will decide whether an 'Isaac Wunder' order can be issued in family‑law cases involving child access and maintenance, after a father who has appeared in over 100 court proceedings costing more than €300,000 was barred by the Court of Appeal from filing any further legal action against his former partner without the court's permission. The Court of Appeal upheld a High Court decision that had withdrawn the father's permission to pursue a judicial review, finding he had made misstatements and failed to disclose relevant information. The father argues his applications were to protect his rights as a father and to maintain his son's access, and that the proceedings were not vexatious. The Supreme Court will examine the legality of such orders, the circumstances under which they may be issued, and whether the Court of Appeal erred in its decision. The case highlights the court's role in managing serial litigants who repeatedly prolong or disrupt proceedings.
The Court of Appeal heard that a 15‑year‑old was convicted of anal rape of a 15‑year‑old girl and sentenced to six months and one week of detention followed by the same period of community supervision. The State argued the sentence was too lenient, citing aggravating factors such as the victim's alcohol consumption, the anal injury sustained and the defendant's intent. The State also challenged the judge's discounts for the defendant's age and for delays in investigation. The defence maintained that the judge's assessment was within the discretion available and that mitigating factors were appropriately considered. The court reserved judgment on the appeal. The case involved the defendant taking the victim to a derelict house, giving her cider, and forcing sexual acts while she repeatedly said "No" and cried. The victim's impact statement described lasting fear and avoidance of leaving home. The unnamed girl pleaded not guilty and was acquitted.
Soufiane Mountassir, 39, was sentenced to three years' imprisonment in Dublin Circuit Criminal Court for false imprisonment and assault causing harm after he forced his former partner into the boot of her own car and beat her for one hour and 40 minutes. The victim, who was his partner at the time, was subjected to repeated blows, was forced to drive to dark locations, and suffered injuries including blood on the steering wheel and gearstick. Mountassir, who was drinking, taking Dalmane, cocaine and smoking cannabis, claimed to be Moroccan and gave vague answers to Gardaí. He was also wanted in Germany for arson, for which a separate sentence of three years and one month had been imposed. The State argued the sentence was too lenient, citing the severity of the assault, the abduction, and the aggravating factors, while Mountassir's counsel maintained the judge had imposed an appropriate sentence. The Court of Appeal will reserve judgment. Soufiane Mountassir pleaded guilty.
A child-rapist GAA coach has been denied leave by the Supreme Court to appeal against a four-year increase in his sentence for what a judge described as 'unusual, shocking and extremely disturbing' crimes. The man, who cannot be identified to protect the victim's identity, was sentenced in December 2021 to 10.5 years imprisonment with the final 18 months suspended by Mr Justice Michael MacGrath. The accused pleaded guilty to 15 counts with consent to the facts of all the offences being considered as part of the sentencing process. The case was heard at the Central Criminal Court, where the man had entered guilty pleas in April 2021 in relation to 15 sample counts including oral rape, attempted anal rape, sexual assault, false imprisonment, assault causing harm and criminal damage. The court heard evidence of further sexual assaults during a trip to London, but these counts were dropped as they had taken place outside the jurisdiction. The offences occurred between 2004 and 2010 at locations including the man's home, a midlands sports grounds and a hotel in Dublin. The accused had been extradited from the US to face the charges. At the Court of Appeal in March, Eilis Brennan SC, for the State, submitted that the original nine-year sentence was too low as the victim had endured a 'continuum' of sexual and physical abuse as well as 'emotional torture' over a six-year period. The Court of Appeal increased the sentence to 14 years and six months with the final 18 months suspended. The Supreme Court dismissed the appeal, noting that the Court of Appeal had conducted a 'thorough examination of the facts' and that there was 'nothing' to suggest that any law was mis-applied in what was a 'difficult case that was sensitively considered'. The matter was adjourned at the appeal stage.
James Kilroy, 51, from Kilbree Lower, Westport, Co Mayo, has been granted legal aid to appeal his murder conviction. He was unanimously convicted at the Central Criminal Court of murdering his wife in June 2019, following his third trial after two previous proceedings collapsed. The jury rejected Kilroy's insanity defence, which centred on cannabis-induced psychosis. During the trial, psychiatric experts disagreed on whether such a condition constitutes a valid legal defence under the Criminal Law (Insanity) Act. The trial judge noted the jury's verdict accorded with legislative policy, as self-induced scenarios are not recognised defences. Kilroy received a life sentence last summer. The Court of Appeal granted him legal aid for two counsel to pursue his conviction appeal, one of twelve applications heard that morning.
A secondary school teacher from Donegal Town has appealed her conviction for indecently assaulting a 13-year-old male student in 1985. Jacinta McSherry O'Connor, now 64, was found guilty following a Dublin Circuit Criminal Court trial in October 2023 and sentenced to three years imprisonment on each of two counts, with the final six months suspended. At the Court of Appeal, her legal team contended that the trial judge erred in allowing the jury to hear portions of her garda interview in which she disclosed being a victim of sexual assault herself. The prosecution argued this evidence was relevant to establishing a pattern of grooming behaviour. The court heard that McSherry O'Connor had discussed sexual matters with the boy, who had developed a crush on her, during private tutoring sessions in his home. Judges expressed concern about a teacher sharing such details with a young pupil. Judgment has been reserved.
The Court of Appeal found that the fully suspended sentence imposed on Mark Harris, a 29‑year‑old drug dealer, was too lenient and quashed the original four‑year‑six‑month sentence. Harris had been caught with over €500,000 worth of cocaine, cannabis and cash, and had pleaded guilty to drug supply and money‑laundering offences. The Court held that the circumstances did not justify a wholly suspended sentence and ordered a new sentence of four and a half years, with the final one and a half years suspended under the same conditions as before. The Court also quashed the suspended money‑laundering sentence, taking that charge into account in the resentencing. Harris was sent to jail today following the Court of Appeal's ruling.
A 29‑year‑old drug dealer, Dylan Clements, was sentenced to three years in prison with the final 18 months suspended after the Court of Appeal overturned a fully suspended sentence imposed by a Circuit Court judge. Clements had been found in possession of cocaine and cannabis worth over €28,000, including a large block of cocaine valued at €26,575 and cannabis worth €2,220. He pleaded guilty to one count of possession of drugs for sale or supply under Section 15A of the Misuse of Drugs Act and was originally sentenced by Judge Martin Nolan. The Court of Appeal, citing the legislation's presumptive minimum sentence of ten years for such offences, ruled that the original sentence was unduly lenient and that no special circumstances justified a fully suspended term. The appeal court ordered a probation report and quashed the original sentence, leading to the resentencing.
A 26-year-old man, who cannot be named, has appealed his conviction for raping a vulnerable 17-year-old girl at a house party on New Year's Eve 2018. The appellant, a repeat offender, was found guilty by a 10-2 majority verdict of one count of rape and one count of sexual assault. He does not accept the verdict, arguing that the trial judge pressured the jury by suggesting shorter lunch breaks and refusing to inform them of their right to disagree, leaving them in "hurry up mode." Defence counsel also contended the judge erred by failing to recharge the jury on legal principles regarding reasonable doubt after a question about a doctor's report. The State rejected these arguments, noting the judge had emphatically explained the standard of proof. The three-judge Court of Appeal has reserved its judgment on the matter. At sentencing, Ms Justice Karen O'Connor described the man's conduct as predatory, noting he took advantage of the victim's intoxication and vulnerability. She handed him a sentence of eight years and three months, with the final nine months suspended on strict conditions, including 12 months of Probation Service supervision. The man has six previous convictions, including a 2019 guilty plea for sexual assault, which resulted in a five-month prison sentence later reduced on appeal to 120 hours of community service in lieu of a two-month prison term.
Gavin Minto, 29, pleaded guilty to possession of three controlled drugs for sale or supply at Kingswood Cross, Clondalkin on 16 July 2020. Gardaí searched a residential property on a warrant and found 151,110 MDMA tablets, 33.6 kilos of cannabis and 668.6 grams of Eutylone, plus a tablet press, weighing scales and a powder, with a combined value of €2.21 million. The court described the garage as a drugs distribution centre and imposed an eight‑and‑a‑half‑year jail term. Minto, who was homeless, in debt and had a difficult background, appealed, arguing the sentence was excessive and that a portion should have been suspended. The Court of Appeal heard arguments from counsel for Minto and the State, noting the judge had considered mitigating factors such as Minto's early plea, cooperation, rehabilitation steps and his cognitive difficulties, but also his nine previous convictions, including three drug offences.
The Court of Appeal has dismissed the appeal by Damien Long, 44, of Ard Bhaile, Mayfield, Cork, against his sentence for the robbery of a 93-year-old woman on 9 November 2022. Long, who was on bail at the time of the offence, had previously pleaded guilty at Cork Circuit Court. He was sentenced to ten years in prison, with the final year suspended, for the robbery at Charlemont Terrace, Wellington Road, Cork. His co-accused, Damian Fitzgerald of Inniscarra Road, Fairhill, Cork, was sentenced to nine years in prison. The victim suffered life-changing injuries, including multiple pelvic fractures, after being dragged along the road while resisting the theft of her handbag. Mr Justice Michael McGrath, delivering the judgment, stated that the sentencing judge had acted within her discretion by placing the offence in the highest category. He noted that the attack was premeditated and targeted an elderly, isolated woman, making injury foreseeable. The court rejected defence arguments that Long's role was minor, noting he was on a suspended sentence for a previous robbery at the time. The judge also chose not to activate any portion of Long's suspended sentence for that other offence. The appeal was refused, and Long will continue to serve his nine-year effective jail term.
In a re‑sentencing hearing, the Court of Appeal found that the Circuit Court had been misinformed about the maximum penalty for Lee Hutchinson, a 41‑year‑old former teacher from Coxtown West, Dunmore East, Waterford. Hutchinson had carried out a four‑year poison‑pen campaign against three Gardaí, sending anonymous handwritten letters with spurious allegations of misconduct, corruption and sexual impropriety to the officers, their families and superiors. The letters were forwarded to the Garda Síochána Ombudsman Commission, which deemed the claims unfounded. Hutchinson's original six‑year sentence, with the final year suspended, was quashed because the judge had been told the maximum was ten years instead of the correct seven. The Court of Appeal imposed a new sentence of seven years, with the final two years suspended, to be served consecutively for the three counts of harassment.
Michael Lynn, a former solicitor aged 55, faces a potential release from prison next month if his appeal against a five‑and‑a‑half‑year sentence for stealing over €18 million from six financial institutions succeeds. Lynn was jailed eight months ago and his appeal is scheduled for November 4, the same day his legal team believes he could be released if the appeal is successful. The Court of Appeal, presided over by Mr Justice John Edwards, clarified that grounds of appeal cannot be heard piecemeal and that the sentence appeal will be heard before the conviction appeal, an exception to usual practice. Lynn's legal team must submit their arguments by the end of next week, after which the State will reply. The judge noted that failure to comply with the timetable would halt the case. Lynn's original sentence, imposed by Judge Martin Nolan, was 13 years, reduced to 5½ years after credit for time served in Brazil.
The Supreme Court has upheld the Minister for Justice's decision to refuse residency under the Special Scheme to two non-EEA nationals. In a unanimous judgment delivered by Ms Justice Iseult O'Malley, the court ruled that the Minister correctly engaged with all submitted materials, including character references and work history. The respondents, Indian national Sangeeta Rana and Pakistani national Lehrasib Ali, had previously obtained student visas before 2011. After their permissions expired, both acquired residence permits through marriages to non-Irish EU citizens. The Minister revoked these permissions, alleging that Ms Rana entered into a marriage of convenience and that Mr Ali submitted false documents regarding his wife's whereabouts. Although the Court of Appeal had previously quashed the Minister's decision, finding insufficient engagement with the respondents' submissions, the Supreme Court reversed this, stating that a statement indicating all material was considered was sufficient. The court noted that the respondents' actions could be seen as an attack on the integrity of immigration systems. However, the judgment clarified that both individuals have separately been granted permission to remain in Ireland under the Regularisation of Long Term Undocumented Migrants scheme. The court found no inconsistency in failing the good conduct requirement for the Special Scheme while passing it for the regularisation scheme, affirming that the Minister was right to refuse the Special Scheme applications.
On 6 June 2023, 23‑year‑old Constantin Leonard Magadau of Glenbourne Avenue, Leopardstown Valley, pleaded guilty in the Dublin Circuit Criminal Court to burglary, dangerous driving and failing to stop a vehicle on Main Street, Dundrum. The court heard that Magadau and a second man removed €33,000 worth of stock from Murray Mobile, a phone shop in Dundrum, while a third man acted as a lookout. The shop owner testified that the premises were systematically destroyed, with €15,000 worth of criminal damage, and that the business was nearly closed as a result. Judge Elva Duffy sentenced Magadau to three and a half years' imprisonment. He appealed the sentence, but the Court of Appeal, hearing the case on 17 October 2024, warned that it could increase the sentence and granted Magadau permission to withdraw the appeal.
The Court of Appeal was told by the Director of Public Prosecutions that the sentences imposed on Adam Murphy, aged 22, and Keith McCormick Smith, aged 23, for a crime spree that left businessman Ian McDonnell dead were too lenient. Murphy had been sentenced to 12 years' imprisonment for manslaughter, with the final two and a half years suspended on strict conditions, and also pleaded guilty to multiple vehicle‑theft offences. McCormick Smith received a sentence of three years and two months' imprisonment, with the final twelve months suspended. The DPP argued that the suspended portions should not have been fully suspended and that the headline sentences should have been higher, citing the seriousness of the offences and the fact that McDonnell was left to die while the offenders continued their crime spree. The court reserved judgment on the matter.
In a decision by the Court of Appeal on 15 October 2024, Noel Noonan's conviction for possessing drugs worth €137,858 was quashed. Noonan, aged 46, had been jailed for eight and a half years after a Toyota Corolla he was driving was stopped on the N7 near Kildare. The vehicle was not taxed, uninsured and Noonan could not produce a licence. Garda Dave Farragher seized the car and found Xannax and amphetamine in the boot. Noonan denied knowing of the drugs. The appeal argued that a phone call from an inspector, relayed to Farragher, was hearsay and should not have been admitted. The Court of Appeal held that the trial judge's admission of this hearsay evidence was flawed and prejudicial, and therefore overturned the conviction, sending the case back to Naas Circuit Court for further proceedings.
A 27‑year‑old man, Tyler 'Tiggy' Jackson, who was convicted of murdering 24‑year‑old Conor Quinn in Mallow, County Cork, has appealed his life sentence. His counsel, Dean Kelly SC, argues that the trial judge erred by admitting a statement given by 16‑year‑old Christina Kearney three days after the death. The statement, taken by Detective Garda Sean Buckley, was allegedly altered—words such as "running" were crossed out and replaced with "walking"—without Kearney's initial. Kelly contends the court could not have been satisfied that the statement was a true account of what Kearney said on the day it was taken. He also claims the trial judge failed to discharge the jury when a civilian witness, Stephen Quinn, suggested Jackson had assaulted him, thereby creating an unfair trial. The Court of Appeal will decide the appeal at a later date.
In a Supreme Court appeal, three defendants—Edel Doherty, Kyle Rooney, and Declan Corcoran—argue that they should not have been transferred from the District Court to the Circuit Court after breaching publication restrictions in the Ana Kriegel murder case. The defendants were charged with posting photos and naming the teenage murderers, Boy A and Boy B, on social media. Judge Brian O'Shea originally accepted the cases as minor matters in the District Court, but Judge John Hughes later deemed the offences too serious and sent them to the Circuit Court, where penalties are harsher. The High Court quashed Hughes' decision, and the State appealed to the Court of Appeal. The Supreme Court is hearing the appeal, with counsel arguing that jurisdiction was already decided and that revisiting it could cause procedural chaos. The court has reserved judgment.
An army captain, Captain Ross O'Shea, was convicted in October 2022 of sexually assaulting a female non‑commissioned officer at a barracks in Leinster on 25 June 2020. The assault involved moving his hands up and down her back while saying "come on" and pulling her against him. He was also found guilty of a Section 2 assault for moving towards her in a manner that caused her to apprehend an assault. A custodial sentence of six months was imposed, suspended for one year, and his dismissal was ordered. In October 2024 the Court of Appeal dismissed all grounds of appeal. The court held that any missing CCTV footage could not be considered a realistic line of defence, arguing that the footage would not have captured the key movements or words and that the evidence already presented was sufficient. The appeal was dismissed and the conviction upheld.
Michael Collins, 50, of Drogheda, was convicted of dangerous driving causing the death of 20‑year‑old Jillian Thornton after a 35‑minute pursuit by Gardaí. He was found to have been high on cannabis and was driving head‑on, without lights, and on the wrong side of the road. The trial, held at Trim Circuit Court in July 2019, also found him guilty of two endangerment charges, 12 dangerous driving offences and driving under the influence. Collins was sentenced to 14 years' imprisonment, with one year suspended, and a life‑long driving disqualification. At the Court of Appeal he argued the sentence was manifestly excessive, citing the lack of aggravating factors such as leaving the scene or disqualification at the time, and that the disqualification would impair his rehabilitation. The appeal was dismissed, with the judges reserving judgment on the appeal decision.
Gerald McQuillan, 37, was on bail for assaulting his former partner when he broke into her home and attacked her again, grabbing the steering wheel of her car and causing it to spin across traffic lanes. He pleaded guilty to endangerment, assault, criminal damage and trespass. The original 18‑month sentence imposed by Circuit Court Judge James O'Donohue on 30 April 2024 was deemed too low. At the Court of Appeal, Justice Isobel Kennedy quashed the sentence and set a headline sentence of five years for the endangerment count, then imposed a final sentence of three and a half years with the last twelve months suspended. The effective custodial term is two and a half years, to run consecutively to the sentence already imposed, with credit for time already served. The appeal was brought by the State, who argued the original sentence was unduly lenient. The case remains at the appellate stage. The unnamed 37-year-old was convicted.
Sidney Sutton, an accountant from Ashbourne, Co Meath, appealed to the Court of Appeal against a High Court ruling that refused him leave to prohibit a retrial. Sutton was originally convicted in 2017 of four counts of assault, one count of assault causing harm, and one count of producing a knife capable of inflicting serious injury following a Circuit Court trial. Although he was sentenced to two years with the final 12 months suspended, the Court of Appeal later deemed the sentence too lenient and ordered him to serve a further 16 months. In April 2021, the Court of Appeal quashed his conviction and acceded to the DPP's application for a retrial. Sutton subsequently sought a judicial review in the High Court, claiming malicious prosecution and abuse of process. Ms Justice Mary Rose Gearty refused his application in March of this year, noting his repeated attempts to delay the ordered retrial. Today, Sutton appealed this decision, alleging that the State suppressed crucial crime scene evidence and that delays were caused to ensure he served time. He also raised concerns regarding pretrial publicity and missing exhibits. The State's counsel, James B. Dwyer SC, rejected these claims, arguing that the retrial process is well-established and that any alleged unfairness from the original trial is irrelevant given the quashed conviction. The Court of Appeal, presided over by Mr Justice John Edwards, reserved its judgement on the appeal.
In a Court of Appeal hearing on 10 October 2024, the appeal of a 59‑year‑old man convicted of 11 offences against his nine‑year‑old daughter was dismissed. The man had been jailed for 14 years after a Central Criminal Court trial in November 2022, where a jury found him guilty of repeated rape, oral rape, sexual assault, false imprisonment, threatening to kill and forcing a child to watch sexual activity. The appeal argued that the trial judge erred by not stopping the trial after the prosecution case, by failing to disclose WhatsApp or Viber communications, by not allowing cross‑examination of the victim's physical examination and by not giving a corroboration warning. Mr Justice John Edwards rejected all these grounds, stating that the trial judge had acted within his discretion and that the evidence presented was sufficient for the jury. The appeal was therefore dismissed, leaving the conviction and 14‑year sentence intact.
A teacher who admitted to a 'once-off' sexual encounter with a former student has failed in a judicial review bid to block evidence obtained by their former partner from being used in a fitness-to-practise inquiry. The teacher, whose identity is protected by court orders, argued that screenshots from their Snapchat account, obtained without consent, were unlawfully gathered and should be deemed inadmissible. The inquiry, conducted by the Teaching Council, follows allegations from the teacher's ex-partner regarding a relationship with the former student, including alleged social media communications. The teacher acknowledged a single sexual encounter post-Leaving Certificate but denied ongoing contact. They claimed the screenshots could have been from a fake account and that their identity was not confirmed in the evidence. The teacher left their school job following the allegations but was not subject to a suspension of teaching registration. The judicial review sought to quash a June 2022 decision allowing the screenshots to be used in the inquiry under the Teaching Council Act, 2001. Mr Justice Conleth Bradley denied the application, stating the disciplinary panel had the authority to admit the evidence and that the exclusionary rule does not automatically apply to evidence obtained by third parties. The judge noted no fitness hearing had occurred, no findings had been made, and no sanctions had been proposed. The matter remains ongoing under the appeal stage.
In a Court of Appeal hearing on 9 October 2024, Mr Justice John Edwards dismissed the appeal of 31‑year‑old Richard Walsh, a boxer from Congress Villas, Dungarvan, who had been convicted of assault causing harm for striking a woman with an iron bar at Kilrush Park on 30 November 2020. The appeal centred on two grounds: that the mobile‑phone footage used at trial had been edited, and that the trial judge had misdirected the jury on self‑defence. Mr Justice Edwards found the footage to be authentic, not hearsay, and that no evidence suggested manipulation. He also held that the judge's instructions on self‑defence were adequate and that the jury's decision was sound. Consequently, the appeal was rejected, leaving the original conviction and sentence of two and a half years, with the final 12 months suspended, in place. The court's judgment was delivered in the Court of Appeal, Waterford.
The Court of Appeal heard submissions on 8 October concerning the convictions of Jason Bonney and Paul Murphy, who were found guilty at the Special Criminal Court in 2022 of facilitating a murder at the Regency Hotel, Whitehall, Dublin on 5 February 2016. Their barristers argued the trial was unfair and that judges made conclusions unsupported by evidence, including claims that one gunman travelled in Murphy's Toyota Avensis and that the vehicle was later part of a getaway convoy from St Vincent's GAA ground. They contended insufficient evidence existed to prove the men knew of a criminal organisation or that they were facilitating serious crime. The DPP's counsel countered that identifications could be made by CCTV registration details and that the men's knowledge could be inferred from their actions in relation to the meticulously planned offence. Issues regarding un-cautioned interviews and vehicle searches were also raised. The three-judge court reserved judgement. Murphy, aged 62 of Swords, received nine years imprisonment; Bonney, aged 53 of Portmarnock, received eight and a half years.