Conti Birali, aged 28, withdrew an appeal against a nine‑year prison sentence after the Court of Appeal warned that it could increase sentences. The appeal was withdrawn following advice from his counsel, Mark Lynam SC, after Mr Justice Patrick McCarthy highlighted the seriousness of the case and the court's jurisdictional powers. Birali was sentenced at Dublin Circuit Criminal Court for assault causing serious harm to Austin Doherty, who was left a wheelchair user after being kicked, stamped on and beaten. Birali also pleaded guilty to violent disorder with others on the same occasion. The victim, aged 38, suffered a nearly concave head and other injuries, and his prognosis is unlikely to improve. Birali's appeal was dismissed, and he remains sentenced to nine years in prison. The case also involved co‑accused Craig Maples, who received seven years for violent disorder and assault.
In the Special Criminal Court, Jaures Kumbu, 18, pleaded guilty to a firearms offence arising from the Christmas Eve 2023 shooting at Browne's Steakhouse in Blanchardstown. Kumbu was charged with possessing a sub-machine gun in circumstances giving rise to the reasonable inference that he did not have it for a lawful purpose. The State's case, presented during a previous bail hearing at the Court of Appeal, alleges Kumbu removed the weapon from the scene where Tristan Sherry was killed after fatally shooting Jason Hennessy Senior. Gardaí stated they currently have no idea where the firearm is. Mr Justice Kerida Naidoo, presiding in the three-judge court, adjourned sentencing until November 4. Kumbu was originally scheduled to stand trial with six others accused of various offences related to the incident. Those trials are expected to begin later this year. Among the co-accused, five individuals are charged with Sherry's murder. Additionally, Jonas Kabangu and an unnamed young man who turned 18 after being charged are accused of violent disorder at the same location on that date. The matter regarding Kumbu's sentence remains pending due to the adjournment.
Christopher Shane Frane (36) consented to his surrender to Northern Ireland at the High Court, ending an appeal process where he had previously argued against extradition. Frane, who pleaded guilty to the 2013 manslaughter of Constable Philippa Reynolds, had absconded from Northern Ireland in January while on day-release and was arrested in the Republic in February. His original sentence included a minimum of six years and an Indefinite Custodial Sentence requiring him to remain in prison until proving he is no longer a danger to the public. During the appeal, his counsel, Karen Quinlivan KC, argued that this regime was "extreme and draconian" and unconstitutional, citing a Northern Ireland Court of Appeal description of such sentences. Although a judgment was due in October, Frane took the stand before Mr Justice Paul Burns to consent to his surrender. He will be returned to Northern Ireland within a maximum of 20 days. The matter was not concluded by a final judgment on the merits of the constitutional arguments, as the defendant's consent rendered the legal challenge moot regarding the immediate surrender.
Three men have had their convictions upheld by the Court of Appeal following a vigilante attack on security personnel at a repossessed farmhouse near Strokestown, County Roscommon, in December 2018. Martin O'Toole, aged 60, of Claremorris, County Mayo; PJ Sweeney, aged 59, of Ramelton, County Donegal; and Paul Beirne, aged 58, of Boyle, County Roscommon, were each sentenced to fifteen years imprisonment after being convicted of fifteen charges including aggravated burglary, violent disorder, false imprisonment and assault causing harm. Mr Justice Peter Charleton described the offences as "the most barbaric violations of human rights", rejecting arguments regarding evidence admissibility and identification procedures. The judge noted that approximately thirty to forty people participated in the incident, during which armed assailants beat security staff, set vehicles alight, and fatally injured a dog. The court dismissed all appeals and affirmed the convictions.
Karl Humphries, 40, of Bishopstown, Cork, was convicted in July 2021 of three counts of possession of cannabis worth about €58,000 for sale or supply. The case stemmed from a Garda sting on 25 July 2012 when a bag of 9.74 kg of cannabis resin was found concealed in a ditch at Watergrasshill. Humphries claimed he was in the area hunting rabbits, but the jury rejected this defence by a ten‑to‑two majority. Judge Seán Ó Donnabháin sentenced him to ten years' imprisonment, with the final two years suspended. In the Court of Appeal, Humphries' counsel argued the judge over‑emphasised aggravating factors and failed to consider his lack of prior convictions. The Director of Public Prosecutions countered that the Misuse of Drugs Act required a minimum ten‑year sentence absent exceptional circumstances. Judge Michael MacGrath upheld the original sentence, dismissing all appeal grounds. The case remains at the appellate stage. Karl Humphries pleaded not guilty.
Eoin Hannan, aged 50, was convicted in April 2022 of harassing a woman at various locations between February 14 and August 25 2020, and in July 2022 of harassing her father between January 20 and February 13 2021. The court heard that Hannan repeatedly contacted the victim despite Garda warnings in 2017 and 2019, sending Valentine cards, wine, chocolates, a watch, a bracelet, a teddy bear, a lollipop and a letter with a threatening phrase. He claimed the offences were "romantic rather than sinister" and a case of mistaken identity. Hannan, who has 44 prior convictions, argued that his bipolar affective disorder should have mitigated the sentence. Mr Justice Seamus Woulfe found no error in the sentencing judge's approach, noted that the judge had considered Hannan's mental health, and dismissed all grounds of appeal. The appeal was rejected, leaving the four‑year prison sentence in place. Eoin Hannan pleaded guilty.
In the Munster Abuse case, the Court of Appeal quashed the original 15‑year sentence for the father, who had been convicted of rape, sexual exploitation, sexual assault and child cruelty, and imposed a life sentence. The judge noted the father's position of trust and the egregious nature of his abuse, describing the victims as vulnerable children who were raped, violated and subjected to acts of depravity for his sexual gratification. The mother's original nine‑year term was increased to 12 years, and the uncle's original 15‑year term was reduced to 18½ years after a headline of 20 years was set. The appeal was brought by the Director of Public Prosecutions, who argued the original sentences were unduly lenient given the severity and prolonged nature of the abuse that occurred between August 2014 and April 2016. The court's decision reflects the gravity of the offences and the impact on the children's emotional, physical and psychological well‑being.
In a Court of Appeal hearing on 29 July 2024, a 46‑year‑old mother was sentenced to three years' imprisonment for wilful neglect and sexual abuse of her toddler son. The judge, Ms Justice Tara Burns, overturned a previously fully suspended sentence, citing the child's severe neglect, inability to use utensils, drink from a cup, dress himself, and poor language skills. The child had been placed in foster care before age five. The mother had been convicted in June 2022 of neglect from September 2010 to June 2015, and of sexual assault and exploitation between September 2013 and June 2015. She received a three‑year sentence for each of the sexual offences and one year for child cruelty, with all sentences running concurrently and no suspended portion. The mother denied the allegations and showed no remorse. The child remains in state care. The unnamed 46-year-old pleaded not guilty.
Leon Sharlott, 34, of Fordstown, Navan, was convicted in 2022 of possessing two handguns and ammunition under Section 27A(1) of the Firearms Act. He received a seven‑year sentence, with the final 12 months suspended, at Wexford Courthouse. The weapons and matching ammunition were found in a Volkswagen Golf at a council yard near Gorey, and additional items such as runners and gloves were discovered in the boot. Sharlott's appeal argued that the trial was unsafe because the prosecution relied on a "defect to his ear" for identification. His counsel claimed that no formal identification parade had occurred and that the ear defect had contaminated the process. The Court of Appeal rejected these arguments, stating that the evidence, including the ear defect, was circumstantial and admissible. The appeal was dismissed, leaving the conviction and sentence intact.
The Director of Public Prosecutions has dropped charges against a 42-year-old man and a 32-year-old woman, who were accused of female genital mutilation and child cruelty of their infant daughter. At Dublin Circuit Criminal Court, senior counsel John Byrne informed the court that nolle prosequis were entered on all charges, meaning they are no longer being pursued. This decision follows a new expert report prepared for the DPP, which agreed with the defence expert that no FGM took place. The couple, who pleaded not guilty to one count of FGM and one count of child cruelty each, had previously been convicted in 2020. Judge Elma Sheahan sentenced the man to five-and-a-half years imprisonment and the woman to four years and nine months. However, the Court of Appeal quashed these convictions in November 2021, citing a breach of fair trial rights due to mistranslation. A subsequent re-trial last year ended with a jury unable to agree on a verdict. Defence counsel described the situation as an "appalling miscarriage of justice," with one lawyer requesting a formal acquittal. The matter was adjourned until October 25 for mention before Judge Patricia Ryan.
The 48‑year‑old defendant, whose name is withheld to protect the victim, was convicted of rape at his home in the midlands on 7 August 2018. The Central Criminal Court in Tullamore found him guilty after a February trial, and he received a nine‑year jail sentence for the rape, with a four‑and‑a‑half‑year term for assault and false imprisonment, the final year suspended. He appealed, arguing that two "goading" videos taken on his phone before the alleged rape were inadmissible and prejudicial. The Court of Appeal heard the case on 26 July 2024, with counsel for the State maintaining the videos were admissible for credibility, while the defence claimed they were irrelevant and highly prejudicial. The court will decide after the summer break. The defendant continues to deny the offence and has shown no remorse or rehabilitation.
In a Court of Appeal hearing on 25 July 2024, Sebastian Bazczuk, aged 36, appealed his 2020 conviction for the murder of former flatmate Michal Kurek, aged 33, who was found dead with 62 stab wounds in Ballyboughal on 4 August 2017. Bazczuk argued that the trial was unsafe because the prosecution failed to establish the locations of mobile phone masts used in the case, and that phone traffic and location data retained under the Communications (Retention of Data) Act 2011 were inadmissible. He contended that the prosecution's schedule of phone records, which included maps of around 40 masts, was not properly proved, with evidence missing for nine of the cells. The appeal also highlighted that the prosecution had not demonstrated whether human interaction was required to assign cell numbers, and that the jury was presented with improperly proved material. The court reserved judgment on the appeal. The case remains at the appeal stage, with no outcome yet declared.
A former seminarian's prison sentence has been increased by two years following a Court of Appeal ruling that his original five-year term was unduly lenient. Aidan Gallagher, aged 41, of Dadreen, Killadoon, Westport, County Mayo, was convicted by jury in May 2023 of six counts of oral rape of his cousin on dates between 1998 and 2003. The Central Criminal Court jury sat in Carrick-on-Shannon, County Leitrim. Mr Justice Patrick McCarthy found that the sentencing judge had erred by treating all offences as committed while Gallagher was a minor, despite one occurring when he was 19 years old. The court imposed a revised sentence of seven years on each count, running concurrently. Gallagher had denied the allegations across two trials. The victim waived anonymity to allow her cousin's naming in reporting. Gallagher, who was due for ordination, has no previous convictions.
A 30‑year‑old Dublin man, whose name is withheld to protect the victim's anonymity, appealed his February 2018 conviction for one count of rape. He argued that the prosecution's closing address unfairly focused on his failure to give evidence and repeatedly scorned the testimony of Dr John Garvey, a sleep‑disorder expert who testified that the man suffered from sexsomnia. The defence maintained that the man was asleep during the assault, citing Dr Garvey's expert report. The appeal also challenged the judge's decision to allow evidence of a co‑worker's prior observation of the man's behaviour with the victim, and the use of video‑link testimony from abroad. The appellant contended these rulings prejudiced his right to a fair trial and made the verdict unsafe. The appeal was heard at the Court of Appeal on 23 July 2024. The article reports only the appellant's arguments and the court's hearing, without any outcome of the appeal.
Trevor Byrne, a 43‑year‑old from Finglas West, will continue to serve a 17.5‑year jail term after the Court of Appeal dismissed his appeal. Byrne, who has 44 prior convictions, was convicted in 2021 by the Special Criminal Court on five charges stemming from an armed robbery of Boylesports in Swords on 19 March 2010. The charges were robbery, possession of a firearm, false imprisonment, threat to kill and unlawful seizure of a vehicle. He was found guilty after a mobile phone dropped at the scene was identified as his and after a Garda recognised him in CCTV footage. Byrne's counsel argued the identification evidence was unsafe due to lack of contemporaneous notes, but the court upheld the evidence as admissible and the appeal was rejected. The 17.5‑year sentence, which runs concurrently with other convictions, remains in force. Trevor Byrne pleaded not guilty.
The Court of Appeal quashed a lifetime driving ban imposed on Brian Kelly, who had received a fully suspended sentence for the death of a 24‑year‑old woman in 2008. The court instead imposed a 20‑year disqualification from driving and re‑sentenced Kelly to a two‑year prison term suspended for two years. Kelly, 43, had been convicted of dangerous driving causing death, with a suspended jail term and a lifetime licence disqualification. The appeal argued the lifetime ban was an error in principle. Justice Tara Burns noted that lifetime disqualifications are reserved for exceptional cases, usually involving repeat offenders, which did not apply here. She also observed that a custodial sentence would have been likely had the appeal been lodged earlier, but deemed it unjust to impose imprisonment now, 16 years after the incident. The court therefore reduced the disqualification period to 20 years while maintaining the suspended prison term.
In a Dublin city‑centre assault on New Year's Day, 24‑year‑old Jordan Maguire, who had been drinking and taking drugs for 48 hours, stamped on a man's head at Aston Quay and Price's Lane, causing a severe brain injury. The victim was left unconscious, required a craniotomy and 96 staples, and suffered a significant bleed, memory loss, slurred speech and depression. Maguire pleaded guilty to assault causing harm. The Court of Appeal quashed his original two‑and‑a‑half‑year sentence, citing the State's objection that the headline sentence of four years was unduly lenient. The Court set a headline of five years, then reduced it by 25% to three years and nine months, suspended the final six months, and back‑dated the term to 24 July 2023. Maguire will serve three years and three months in prison. The decision was based on the seriousness of the offence, the victim's long‑term impact and Maguire's 45 prior convictions.
Dermot O'Callaghan, 58, a serial armed robber, had his original eight‑year sentence quashed and resentenced to seven years with six months suspended after the Court of Appeal found the judge had set an inappropriate headline sentence. The appeal was prompted by the fact that O'Callaghan was on bail when he participated in a 2017 raid on Ulster Bank's Stillorgan branch, during which a bank employee was threatened with a gun and forced to hand over €13,200 and £800. O'Callaghan pleaded guilty to possession of an imitation firearm with intent to rob. He had 22 prior convictions, including armed robbery and firearms offences. The Court of Appeal ruled that the headline sentence should have been 11 years, reduced to nine years after mitigation, and imposed a consecutive seven‑and‑a‑half‑year term with the final year suspended.
The Court of Appeal has dismissed the appeal of Daniel Bowker, a 41-year-old UK national, against his sentence for possessing €2.364 million worth of cannabis for sale or supply. Bowker and co-accused Ibrar Sharif, 48, both pleaded guilty to the offence committed at Kilmainham, Dublin 8, on December 22, 2022. Following a surveillance operation, gardaí seized 119 kilos of cannabis concealed under frozen chicken. In October 2023, Judge Orla Crowe at Dublin Circuit Criminal Court sentenced both men to eight years in prison, with the final year suspended. Bowker's counsel argued that the sentence failed to adequately account for mitigating factors, including his status as a foreign national and his role as a father of three. However, Mr Justice Patrick McCarthy ruled that it was "ludicrous" to claim a further reduction based on foreign nationality, given that Bowker had travelled to Ireland specifically to commit the offence. The court found no error in principle in the original sentencing, noting that the eight-year term already represented a substantial reduction from the mandatory minimum of ten years. The appeal was dismissed, leaving the original sentence intact.
The Court of Appeal has rejected an appeal by Michael Farrell, a convicted person with 231 previous convictions, against his five-and-a-half-year effective prison sentence. Farrell, who pleaded guilty to two counts of assault causing harm in 2022, one count of threatening to kill or cause serious harm in 2021, and possessing a realistic imitation firearm in 2020, argued that the sentencing judge failed to adequately consider his personal circumstances and rehabilitation. The State characterized Farrell as a recidivist criminal. At his original sentencing in December, Judge Elma Sheahan imposed a six-year term with the final six months suspended, noting Farrell's mild intellectual disability resulting from a childhood brain injury. During the appeal, Mr Justice Patrick McCarthy upheld the original sentence, stating that the threat to a female garda was taken very seriously and that Farrell's unprovoked attacks on two prison officers caused significant injuries, including a fractured finger and stitches. The judge acknowledged Farrell's mental age but found no error in the sentencing judge's decision. The court concluded that the cumulative custody period was not excessive and dismissed the contention that the suspended portion was insufficient. Farrell will serve his full term in prison.
The appeal of Desmond Smith and Stephen Hamill, who admitted to knowingly rendering assistance to an organisation styling itself the Irish Republican Army (IRA) on March 13 and March 18, 2021, was heard in the Special Criminal Court. Both men pleaded guilty to the charges and are appealing for a non-custodial sentence, having pledged to have no further association with paramilitary organisations. Their legal representatives argued that their clients were at the 'lower level of the organisation' and expressed remorse for their actions. Counsel for both men highlighted their clients' personal circumstances, including Smith's medical conditions and family ties in Australia, and Hamill's role as a chef, musician, and father, as well as his community contributions. The court heard that an improvised 'slam gun' was discovered near Enniskillen police station following a search, and that phone calls purporting to be from the Continuity IRA were made to media outlets in the North and Border region. Mr Justice Tony Hunt adjourned the matter to October 14 for sentencing.
Michael Farrell, aged 32, was sentenced to six years in prison with the final six months suspended for assault, threatening to kill, and possessing a realistic imitation firearm. He has 231 prior convictions, including violent offences, and has a mild intellectual disability and a serious brain injury from a childhood accident. Farrell argued that the judge failed to give adequate weight to his personal circumstances and that the suspended portion was too short. Counsel Karl Monahan BL contended that a longer suspension would aid rehabilitation, citing Farrell's complex needs and developmental issues. State counsel Derek Cooney BL maintained that the judge had applied appropriate mitigation and that Farrell's history of recidivism justified the sentence. The court reserved judgment on the appeal. Farrell had previously threatened a female Garda with ammonia and attacked two prison officers in 2022. The firearm incident occurred in 2020 when Farrell displayed a realistic imitation weapon in his garden. Michael Farrell pleaded guilty.
In a 2024 appeal, defence counsel James B Dwyer SC argued that Leon Sharlott's conviction for possessing firearms and ammunition was unfair because the prosecution's identification relied on a distinctive ear defect. Sharlott, 34, was sentenced in 2022 to seven years' imprisonment with the last year suspended after being found guilty of two offences under Section 27A(1) of the Firearms Act. The prosecution linked Sharlott to the weapons by DNA from shoes found in a Volkswagen Golf's boot and by CCTV footage of him buying gloves. Dwyer contended that no identity parade was held, and that witnesses' descriptions of the ear defect were inconsistent, undermining the identification process. Judge John Edwards noted that while an identity parade might have been best practice, its absence did not necessarily render the trial unfair, and the court would reserve judgment.
The Court of Appeal increased the 46‑year‑old child rapist's sentence from 11 to 16 years after rejecting his appeal. He abused a girl aged eight to eleven, tying her to a bed, holding a knife to her throat and threatening her before raping her. The judge noted that this single offence alone warranted a headline sentence at the top end of the mid‑range, and that the original 13½‑year headline was too low. The appeal was dismissed, and the court quashed the original sentence, resentencing the offender to 16 years with the final six months suspended. The conviction remains for eight counts of rape, nine of anal rape, eight of oral rape and nine of sexual assault, with a two‑year post‑release supervision period retained. The victim, whose identity is protected, suffered lasting mental health effects and remains on medication for anxiety and sleep. The unnamed 46-year-old was acquitted.
In a 363‑page Court of Appeal judgment, Mr Justice John Edwards dismissed nearly 50 grounds of appeal submitted by Aaron Brady, who remains convicted of the 2013 murder of Detective Garda Adrian Donohoe. The court found no error in the trial judge's decision to proceed during the Covid‑19 pandemic and rejected arguments that jurors were coerced or that the trial was unfair. Brady's appeals concerning the admissibility of video‑link testimony from Daniel Cahill and Molly Staunton, and allegations of inducement by U.S. authorities, were also rejected. The court upheld Brady's life sentence with a minimum term of 40 years, allowing parole application in February 2048 after 30 years of imprisonment. Brady, aged 33 at conviction, was found guilty of shooting Donohoe during a credit‑union robbery in Louth on 25 January 2013.
Aaron Brady, aged 33, failed to overturn his conviction for the capital murder of Detective Garda Adrian Donohoe. The Court of Appeal rejected nearly 50 grounds of appeal presented over a seven‑day hearing in October. The judges dismissed all arguments, including a claim that the trial's integrity was breached when key witness Molly Staunton was interrupted by an unseen man during a video link from New York. The Court found the interruptions did not pose a real risk of an unfair trial. Brady's conviction remains, and he will continue serving a life sentence with a 40‑year minimum, plus a concurrent 14‑year sentence for robbery. The case, the longest murder trial in Irish history, concluded with an 11‑to‑1 jury verdict in August 2020. The Court noted the hearing was the longest in its ten‑year history.
The State has appealed a pre-trial ruling in the Court of Appeal concerning five gardaí charged with attempting to pervert the course of justice. The Director of Public Prosecutions made the application regarding matters raised during a preliminary trial hearing in 2023. The respondents are retired Superintendent Edmond "Eamon" O'Neill, Sergeant Annemarie Hassett, Sergeant Michelle Leahy, Garda Thomas McGlinchey, and Garda Colm Geary. All five are alleged to have committed more than 40 counts of attempting to pervert the course of justice in relation to fixed charge penalty notices. The 42 charges relate to events allegedly occurring between October 9, 2016, and September 6, 2019. These allegations follow a lengthy investigation by the Garda National Bureau of Criminal Investigation. The matter is currently at the appeal stage, with no plea, finding, sentence, or finalisation recorded for the respondents. The court has not concluded the case, and the procedural status remains an active appeal against the earlier pre-trial decision.
John McClean, aged 79, former rugby coach at Terenure College, was convicted of sexually abusing 45 pupils over more than 20 years. After his first 2021 sentence of eight years for 23 offences, he pleaded guilty to 22 further abuses and received a four‑year sentence in February 2023, to run consecutively. The Court of Appeal found that Judge Nolan's global sentencing approach was not sufficiently rigorous and quashed the 2023 sentence. The Court ordered a new global sentence of ten and a half years for all 45 offences. McClean left the school in 1996 following earlier allegations and later coached rugby at UCD. The appeal highlighted the predatory nature of the abuse, the vulnerability of the victims, and the significant psychological harm caused. The new sentence reflects a proportionate headline term after discounting mitigating factors such as early guilty pleas and remorse.
In a Court of Appeal hearing on 4 July 2024, the appeal of Garrett Smith, 35, who was convicted of manslaughter for stamping to death Edward Liam O'Sullivan in his own home, was dismissed. Smith had sought to reduce his 13.5‑year sentence, arguing it was too harsh, but the three‑judge panel, led by Mr Justice John Edwards, found no merit in his appeal. Edwards reaffirmed the jury's decision to convict of manslaughter rather than murder, citing Smith's intoxication and the "sheer viciousness and brutality" of the attack. He rejected claims that the trial judge had failed to consider mitigating factors, noting the original headline sentence of 16 years was reduced to 14.5 years with 12 months suspended. The decision was met with brief applause from the victim's family before Smith was escorted back to prison.
Sidney Sutton, 46, of Ashbourne, has appealed a High Court refusal to halt a retrial of a 2017 knife‑assault case that was originally described as "extreme domestic violence." Sutton was convicted of four assault counts, one assault causing harm and one knife‑producing count, and sentenced to two years with 12 months suspended. The Court of Appeal later increased his sentence to 16 months, then quashed the conviction in 2021 and ordered a retrial. Sutton applied for a judicial review to prohibit the second trial, alleging malicious prosecution, corruption and unfairness, but Ms Justice Mary Rose Gearty denied the application, citing no evidence of bias or malice. Sutton has now appealed that decision and requested an adjournment, arguing he has not had enough time to prepare and that he is innocent. The Court of Appeal has adjourned the matter until 10 October, while Sutton threatens to seek €2 billion from the State if the case is overturned.
Jonathan (aka Johnny) Moran, 26, was sentenced to eight years in prison after a Central Criminal Court jury convicted him of rape and aggravated sexual assault. The offences occurred in a garden shed in Galway on July 21, 2019, where Moran allegedly used a bottle to penetrate the victim, Bláthnaid Raleigh, causing extensive physical injuries. Although the validated procedural stage is listed as an appeal, the report details the sentencing hearing where Mr Justice Tony Hunt imposed the custodial term. The judge set a headline sentence of 10 years, reduced to nine years due to Moran's lack of previous convictions and late acceptance of the verdict. The final year was suspended on strict conditions, including indefinite no-contact orders with Ms Raleigh, 18 months of Probation Service engagement, and a three-year period of good behaviour. Ms Raleigh, who waived her anonymity, read a victim impact statement describing the long-term physical and psychological trauma she suffered. She noted that her brothers left their local rugby club, where Moran also played, following the incident. The judge emphasized the critical importance of consent, warning that failure to ensure it results in serious sexual offences and significant immediate custodial sentences.
The High Court released Enoch Burke from Mountjoy Prison on Friday afternoon, having been detained since September 2023 for contempt of court. Mr Justice Mark Sanfey granted his release despite Mr Burke's refusal to comply with a standing injunction prohibiting him from attending Wilson's Hospital School in County Westmeath. The judge noted that state examinations had concluded and the school was on holiday. Mr Justice Sanfey stressed that the injunction remains enforceable and warned of potential re-imprisonment should further breaches occur. The Co Mayo teacher has spent over 400 days incarcerated. On the same date, the court heard Mr Burke's bid to set aside an order made by Mr Justice Alexander Owens, which Mr Burke claims is unconstitutional. The teacher argues his constitutional rights regarding freedom of conscience and religious practice were disregarded in the original proceedings. The school's counsel disputed the application's jurisdiction and characterised it as an improper appeal. Mr Justice Sanfey reserved judgment on this preliminary matter and indicated a ruling within weeks.
James Flynn, a 32‑year‑old former member of a cross‑border crime gang, was granted legal aid to appeal his conviction and eight‑year sentence for conspiring to steal the getaway car used in the 2013 Lordship Credit Union robbery that killed Detective Garda Adrian Donohoe. Flynn had previously been acquitted of the robbery itself but was found guilty of conspiracy to steal a Volkswagen Passat from a house in Clogherhead, Co. Louth. The Special Criminal Court convicted him of conspiracy, noting that the burglary was part of an organised plan to secure a vehicle for the robbery. Flynn fled Ireland after the crime, was extradited from the UK in 2022, and holds UK and US passports but no Irish passport. Court President Mr Justice George Birmingham approved legal aid for his appeal, following the same basis as the trial court. The case was one of 16 legal‑aid applications heard that day.
Michael Lynn, a 55‑year‑old former solicitor from Millbrook Court, Redcross, Co Wicklow, has been granted legal aid to appeal both his conviction and sentence for stealing over €18 million from six financial institutions. The Court of Appeal, presided over by Mr Justice George Birmingham, agreed to provide aid on the same terms as the trial court after Lynn presented a statement declaring he had no means. The judge noted that should new information arise making legal aid inappropriate, the State could return the matter to the Court of Appeal. Lynn, found guilty of 10 of 21 theft counts in a second Dublin Circuit Criminal Court trial after a hung jury in 2022, is currently serving a five‑and‑a‑half‑year prison term. He intends to appeal the conviction and the sentence, with the appeal focusing on the construction of the sentence and release date issues. Michael Lynn pleaded not guilty.
In a case that began with an unprovoked street attack on April 17, 2022, Stefan Bornac, aged 21, assaulted Thomas Oliver and James Lightly on D'Olier Street, Dublin 2. Bornac struck Oliver with a forceful right‑hand blow to the temple, then repeatedly punched Lightly, knocking him to the ground before kicking him in the head. Oliver, a 25‑year‑old college student, was rendered unconscious, transported to St James' Hospital, intubated, and later transferred to Beaumont Hospital where he remained in a coma for three weeks. Lightly sustained injuries but survived. Bornac pleaded guilty to assault causing serious harm to Oliver and assault causing harm to Lightly, and was sentenced by the Dublin Circuit Criminal Court to four and a half years' imprisonment, with nine months suspended. He appealed the sentence, but after the Court of Appeal, led by Mr Justice George Birmingham, highlighted the "very serious violence" involved, Bornac withdrew his appeal, accepting the original sentence.
Alan Ward, 56, was convicted of murdering his wife Catherine Doyle, 41, on 1 March 2019 in their Clondalkin home. He had a long history of domestic violence and alcohol abuse, and in 2017 suffered a stroke that caused communication difficulties. Ward claimed diminished responsibility due to a mental disorder from the stroke, but the Court of Appeal rejected his appeal. The court noted that two experts disagreed on whether the stroke or intoxication better explained his actions. Ward's defence argued that the prosecution expert should not have weighed alcohol as a greater factor, a point the judge dismissed. The appeal was dismissed on all grounds, and Ward remains convicted of murder, with no change to his sentence. The court also upheld convictions for threatening to kill his son and for a prior assault on his wife.
In a High Court ruling, liquidators of the Irish‑registered aircraft leasing firms GTLK Europe DAC and GTLK Europe Capital DAC were granted declarations that the parent Russian state‑owned company, Joint Stock Company State Transport Leasing Company, had no legal right to claim ownership of the aircraft through alleged pledge agreements. The liquidators argued the agreements were void, unenforced, and unregistered, and were made during a period of chaos following sanctions on Russian entities. The High Court found the liquidators entitled to the declarations and that the parent's claim was flawed. The parent company appealed to the Court of Appeal, but the appeal was dismissed as an abuse of process because the parent had not appeared in the High Court proceedings. The Court of Appeal ordered costs in favour of the liquidators. The case concerns aircraft worth an estimated US$2 billion and the liquidation of the firms, described as the largest in Irish history.
The High Court in Dublin has adjourned the case of Christopher Shane Frane, who faces an extradition request from Northern Ireland. Frane, 36, pleaded guilty to the manslaughter of Constable Philippa Reynolds in 2013. He was sentenced to a minimum of six years and an Indefinite Custodial Sentence, requiring him to remain in prison until he proves he is no longer a danger to the public. Frane absconded from Northern Ireland in January and was arrested in the Republic in February. His counsel, Karen Quinlivan KC, argued before Mr Justice Patrick McGrath that surrendering Frane would breach his constitutional rights and Article 5 of the European Convention on Human Rights. She contended that the Indefinite Custodial Sentence imposes an "extreme and draconian" regime, describing the parole board's requirement to prove he poses no risk as an "almost impossible standard." Conversely, John Fitzgerald SC, representing the Minister for Justice, stated that the High Court is not an appeal court for the Northern Ireland parole commission and cannot review its decisions. He argued that the Northern Irish authorities are presumed to comply with legal requirements. Mr Justice McGrath reserved his judgment, meaning the matter was adjourned and not concluded.
The Court of Appeal rejected a 43‑year‑old man's appeal against his nine‑year sentence for raping a 15‑year‑old girl, arguing that a three‑month delay in the victim's reporting did not make the trial unfair. The victim, who was 15 at the time, met the man on the street on 21 August 2017, was taken to his rented accommodation, and was raped there. She later reported the crime to her teacher and Gardaí. The man pleaded not guilty to rape, sexual assault and false imprisonment, was convicted on the first two counts, and sentenced in December 2021. In his appeal he claimed the trial was unfair because of the delay and because blood on the mattress was not examined. The Court of Appeal found no merit in these arguments and upheld the conviction and sentence. The decision was delivered by Ms Justice Úna Ní Raifeartaigh.
A 33‑year‑old Limerick man who pleaded guilty to four counts of sexual assault on his 10‑year‑old cousin between 2010 and 2011 was sentenced to four and a half years in prison, with the final six months suspended, by Judge Catherine Staines in November 2022. He appealed, arguing that the headline sentence of six years was too severe and that mitigating factors had not been adequately considered. The Court of Appeal, led by Mr Justice Seamus Woulfe, dismissed the appeal, stating that the judge had correctly applied the sentencing range and had taken all mitigating factors into account. The court noted that the offences occurred in the family home while the victim's mothers were unaware, and that the man had entered a guilty plea and written an apology letter. The appeal was rejected, leaving the original sentence in place.
Eoin Hannan, aged 50, appealed a four‑year jail sentence imposed for harassing Ciara Hassett, claiming the punishment was too harsh for a case he described as "mistakenly sending romantic letters to the wrong girl." He was convicted in April 2022 after a trial at Dublin Circuit Criminal Court for repeatedly contacting Hassett between February and August 2020, despite Garda warnings that she did not welcome his behaviour. Hannan also pleaded guilty to a separate charge of harassing Hassett's father between January and February 2021. He argued that his bipolar affective disorder and a psychotic episode in September 2023, which required treatment at the Central Mental Hospital, should have been considered. Hannan presented himself at the Court of Appeal, requesting a commutation or suspension of his sentence, while the State's counsel maintained that the sentence reflected the seriousness of the persistent, non‑violent offence and the impact on the victim. The court reserved judgment on the appeal.
The Court of Appeal dismissed Dr Johnny Ryan's claim that the Data Protection Commission (DPC) had failed to investigate his 2018 complaint about Google's Real Time Bidding system. Ryan, a senior fellow of the Irish Council for Civil Liberties, alleged that Google's RTB system unlawfully processed large volumes of personal data for targeted advertising, breaching GDPR and the 2018 Data Protection Act. The High Court had ruled that the DPC was entitled to conduct its own inquiry into the alleged breach before addressing Ryan's complaint, a decision the DPC has pursued. Ryan argued the High Court erred in applying GDPR provisions and EU case law, but the Court of Appeal upheld the lower court's findings, finding no error in the High Court's decision to defer the complaint. The DPC maintains it opened an inquiry of its own volition in 2019 and will complete it before resuming Ryan's case. Google Ireland was a notice party to the proceedings.
A 37-year-old truck driver from County Fermanagh has been granted bail on appeal to the High Court following his arrest in a West Cork garda drugs operation. Sean Curran, with an address at Carrickyheenan, Aughnacloy, Enniskillen, was charged with conspiracy to import drugs valued at €13,000 or more under the Criminal Justice Act 2006. He was among ten men arrested in Cork in March 2024 during an investigation into an alleged sophisticated drugs trafficking operation. Mr Justice Karen O'Connor had refused his bail application in April, but Mr Justice Michael MacGrath overturned that decision on appeal today, finding the trial judge ought to have assessed Mr Curran's circumstances separately from his co-accused. Bail was granted subject to conditions including residence at a Monaghan address, daily signing at a local garda station, surrender of travel documents, provision of €15,000 independent surety, and a prohibition on leaving the State.
The Court of Appeal has referred a case to the CJEU concerning a man who obtained Irish citizenship after entering a marriage of convenience with a non‑Irish EU national in 2010. He was granted a residence card in October 2010 and naturalised in 2016. In 2018 he divorced his wife, and a year later a third‑party non‑EEA national applied for residence on the basis of being the mother of his Irish‑citizen child. This triggered an investigation into the 2010 marriage. The Minister concluded that the marriage was a convenience, that the man had submitted false or misleading information to obtain residency, and that the status conferred under the EU directive was withdrawn from the outset. The man challenged the Minister's decisions in the High Court, which dismissed his appeal. He then appealed to the Court of Appeal, arguing that the 2015 Regulations did not give the Minister power to make such a determination.
In an appeal-stage procedural matter, the Central Criminal Court addressed the sentencing of an unnamed 18-year-old defendant who pleaded guilty to sexual assault committed on June 19, 2021, in the north-east of the country. At the time of the alleged offence, the defendant was 15 and the victim was 16. Mr Justice Paul McDermott imposed a two-year sentence, fully suspended for three years on strict conditions. These conditions require the defendant to avoid direct or indirect contact with the victim, engage with Probation Services, continue a sexual offending treatment programme, and develop social skills. The judge emphasized that a "huge degree of oversight" is required for the defendant's welfare and public protection. However, citing a recent Court of Appeal decision, Mr Justice McDermott noted that conditions on suspended sentences cannot be enforced once a juvenile turns 18. Consequently, the finalisation of the sentence was adjourned until after the defendant's 18th birthday to ensure the conditions remain enforceable. The judge highlighted the court's obligations under the Children Act and acknowledged the difficulties faced by both parties, while noting that a more serious penalty would apply to an adult. The matter was adjourned, not concluded.
Eamon Stack, a former chief inspector of schools now an independent education consultant, denied that the rejection of a grievance appeal by former Templeogue College teacher Jennifer Clancy was a "done deal" with the Joint Managerial Body (JMB). Stack was questioned at the Workplace Relations Commission after Clancy's lawyers produced emails he sent to the JMB around the time he chaired the November 2022 appeal panel. Clancy, a part‑time Spanish teacher, alleged she was penalised for raising a collective staff grievance about management, health and safety, loss of facilities, student discipline, an assault on a teacher and the secret filming of a female teacher's backside. She claimed the school's principal, Niamh Quinn, acted unsavourily, changed her timetable against a childcare arrangement, and then served her with disciplinary notice without specifying the charge. The appeal panel comprised a trade‑union nominee, a JMB nominee and Stack as independent chair. Stack's emails, opened at the hearing, were used as evidence.
In a High Court hearing on 17 June 2024, former solicitor John Tobin was formally discharged from bankruptcy after seven years of proceedings that began with a €405,000 judgment secured by Revenue in 2017. Tobin had been declared bankrupt in 2017 and was set for discharge in 2018, but the Official Assignee (OA) sought an extension in 2021, citing Tobin's alleged failure to fully cooperate with the OA regarding his assets. The OA obtained an interim extension order and also appealed the 2017 adjudication, but both the Court of Appeal and the Supreme Court dismissed his appeals. The case was heard by Mr Justice Mark Sanfey, who was informed by Edward Farrelly SC that the parties had reached a settlement after extended out‑of‑court discussions. The settlement included Tobin making a financial contribution to his bankruptcy estate and providing additional documentation to the OA.
The Court of Appeal dismissed a solicitor's appeal against a €30,000 aggravated damages award to an elderly widow, Marie Gibson, who was defrauded of her home by her daughter Pauline Gibson. The High Court had found that Pauline forged signatures and transferred the property to herself in 2003, then secured a €190,000 mortgage from First Active Building Society. Marie and her husband were not properly advised and were unaware of the transfer. The solicitor, Kevin O'Gorman, who represented both parties, was ordered to pay Marie €5,000 compensatory damages and €30,000 aggravated damages for negligence and active misdirection. The Court of Appeal confirmed no legal error in the High Court's decision and rejected the solicitor's appeal, noting the evidence supported the aggravated damages award. The case remains in the estate of the deceased plaintiff.
Teacher Enoch Burke, the applicant, appeared before the High Court in an appeal regarding his ongoing incarceration at Mountjoy Prison. Mr. Burke was jailed last September for his deliberate failure to comply with a permanent injunction restraining him from attending Wilson's Hospital School in Co Westmeath. He asked the court to set aside the order, alleging it was flawed and breached his constitutional rights. Mr. Justice Mark Sanfey noted that the normal course for challenging a High Court judgment is an appeal to the Court of Appeal, and he was not prepared to consider the application immediately. The judge adjourned the application to a date in June and established a timetable for the exchange of legal documents. Mr. Burke remains in custody, having indicated he is not prepared to purge his contempt by agreeing to stay away from the school. The school's counsel stated they would not object to his release during the holidays without him purging his contempt, but the judge maintained that court orders must be obeyed. The matter was adjourned, and no final determination was made on the application to set aside the order.
In a Court of Appeal decision on 14 June 2024, a 41‑year‑old woman and a 53‑year‑old man were confirmed to remain imprisoned for a combined 33 years after convictions for rape, sexual abuse and related offences against their five‑year‑old daughter and three‑and‑a‑half‑year‑old son. The convictions, originally handed down by the Central Criminal Court in November 2022, were upheld despite the appeal. Justice Tara Burns criticised the eight‑year delay between the children's 2016 interviews with specialist Gardaí and the 2022 trial, calling it "truly shocking" and urging all authorities involved in child sex cases to act more expeditiously. She rejected the appeal's arguments that the delay or the use of leading questions in the interviews should have precluded the trial, affirming that the interviews were admissible and that the children were competent witnesses. The appeal court therefore maintained the original sentences and the case remains in custody.