The State argued that the nine‑to‑15‑year sentences imposed on three family members in the Munster abuse trial were too lenient. The father (59) received 15 years for rape, sexual exploitation, assault and child cruelty; the mother (37) received nine years for assault, exploitation and cruelty; the uncle (51) received 15 years for rape, assault and exploitation. The offences occurred between August 2014 and April 2016 when the victims were aged five, six and seven. The State cited the "astonishing features" of the case and the headline sentences of 16 years for the father and uncle, arguing the court should have considered the seriousness at the top level. The judge noted the lack of mitigation despite no prior convictions, and the court was to reserve judgment. The children were taken into state care after the trial. The article reports the State's appeal before the Court of Appeal.
In a High Court appeal proceeding, Jordan Mitchell and Dinicka Ryan avoided committal for contempt after agreeing to vacate an apartment in Ballycummin Village, Raheen, Co Limerick. The property owner, Tarbutus Limited, alleged the couple had no right to occupy the premises and were in breach of court orders requiring them to leave. Tarbutus claimed the couple had repeatedly refused to vacate and had wrongfully paid rent to former owner Conor Hogan. Mr Justice Mark Sanfey noted that while he sympathized with the couple and their two young children, court orders must be obeyed. He highlighted that Ms Ryan had previously been given six weeks to leave in March but failed to do so. The judge stated that Mr Hogan was not entitled to deal with the property, despite the couple's payments to him. After submitting a sworn statement opposing committal, both defendants agreed to comply with the orders to vacate the property within four weeks. The judge warned of serious consequences if they failed to comply by the deadline. John Kennedy SC, representing Tarbutus, stated that if the couple vacated within the agreed period, his client would not pursue legal costs. Following the couple's sworn undertakings, the judge adjourned the matter to a date in early July. Tarbutus maintains it is the registered owner, having obtained a High Court order in 2022, upheld by the Court of Appeal, requiring all persons to vacate. Mr Hogan continues to dispute the plaintiff's entitlement, with separate proceedings pending.
An army captain, Ross O'Shea, appealed his October 2022 conviction for sexually assaulting a female non‑commissioned officer at a Leinster barracks in June 2020. He argued that missing CCTV footage, which might have captured the incident, deprived him of a possible line of defence. The State countered that the footage could not add to the established facts and that the contested area was "vanishingly tiny." O'Shea was found guilty of moving his open palms up and down the woman's back and saying "come on, come on" at the Officer's Mess, and of one charge of assault under the Non‑Fatal Offences Against the Person Act 1997. He was dismissed from the army as part of the sentence. The Court of Appeal heard the appeal, with counsel highlighting discrepancies in prosecution evidence and the loss of potential CCTV, while the Director of Military Prosecutions maintained that the missing footage was irrelevant to the core facts. The court reserved judgment.
Clive Gargan, 48, an IT consultant, was jailed for 12 months after the Court of Appeal quashed a fully suspended three‑year sentence it deemed too lenient for failing to pay €180,623.51 in VAT over seven years. He had been charged with 84 VAT‑related offences, including 42 counts of failing to deliver VAT returns and 42 counts of failing to pay VAT within the statutory period between 2009 and 2016. Gargan entered guilty pleas to eight counts and had paid the sum due plus interest by the time of his original sentencing. The Court of Appeal, led by Ms Justice Isobel Kennedy, imposed a headline sentence of five years, reduced to three and a half years after mitigation, and suspended the final two and a half years, leaving one year in custody. The State had appealed the original suspended sentence, arguing that too much weight had been given to mitigating factors.
A man convicted of manslaughter in the death of a garda has withdrawn his appeal against a sentence imposed for a separate incident at a Covid-19 checkpoint in Donegal. Martin McDermott, aged 39 and of Abbey Park, Manorcunningham, Co Donegal, pleaded guilty at Donegal Circuit Court in March 2022 to charges including endangerment, assault, drink-driving and driving without a licence. The offences occurred on 14 April 2020 when McDermott accelerated towards Garda Kilcoyne at a checkpoint near Raymoghey, Manorcunningham, forcing the officer to jump clear. Following a pursuit and crash, McDermott assaulted the garda by kicking him. Judge John Aylmer sentenced him to five and a half years, with the final nine months suspended. McDermott's appeal against sentence severity came before the Court of Appeal on 10 June 2024. Court President Mr Justice George Birmingham noted McDermott's previous conviction for the manslaughter of Garda Gary McLoughlin in 2009, describing the current offences as an "almost carbon copy" of that earlier incident. Following consultation with his legal team, McDermott withdrew his appeal.
A man serving a life sentence for his role in the murder of Irene White in 2005 appeared before the Court of Appeal to report difficulties in advancing his appeal. Niall Power, aged 51, from Riverstown, County Louth, pleaded guilty to murder and was sentenced in 2019. He was described as "the middle man" in arranging the killing of the 43-year-old woman at her home in Dundalk on 6 April 2005. Power told the court he has been unable to secure legal representation despite approaching approximately twenty or thirty solicitors. Court president Mr Justice George Birmingham noted that many solicitors on the legal aid panel actively seek work and adjourned proceedings to 6 December. Power indicated he had already experienced a two-and-a-half year period without representation. Anthony Lambe, who carried out the fatal stabbing, received a life sentence in 2018 after pleading guilty to the same offence.
In a Court of Appeal hearing on 6 June 2024, the appeal of Josh Turner, aged 31, was dismissed. Turner had been convicted in 2017 of murdering Christopher Nevin, a 31‑year‑old man he had loaned a Chihuahua to breed, after a dispute over payment. The incident occurred on 19 November 2015 on Tailteann Road, Navan. Turner and his co‑accused, Wayne Cluskey, both carried hatchets to the scene. Turner struck Nevin with a hatchet several times, while Cluskey also struck Nevin. Turner claimed a loss of self‑control after Nevin threatened him, but the trial judge instructed the jury that a defence of provocation or self‑defence would only apply if the accused had a total loss of self‑control and was not acting in self‑defence. The appellate court found no error in the judge's directions and rejected all grounds of appeal. The case remains a murder conviction with a life sentence. Josh Turner pleaded not guilty.
In a Court of Appeal decision on 6 June 2024, Ms Justice Tara Burns rejected John O'Donoghue's application for legal costs after his convictions for assault causing serious harm and violent disorder were quashed. O'Donoghue, aged 55, had been convicted in November 2021 of attacking 74‑year‑old Willie O'Driscoll Sr with a machete and of violent disorder during a family dispute in Rathkeale. He had been sentenced to 10 years for the assault and a concurrent eight‑year term for the disorder, but after two years in custody he successfully appealed, arguing that Gardaí had failed to harvest vital CCTV footage and had withheld a garda notebook until the trial. The Court found that the lack of CCTV investigation deprived him of a realistic prospect of defence, yet it held that this failure did not create an obligation to pay his costs. John O'Donoghue pleaded not guilty.
The Court of Appeal rejected Helen Jones's appeal to quash her murder conviction on the basis that the wording of a search warrant was improper. Jones, 57, was convicted in December 2021 of murdering her 52‑year‑old brother Paul Jones on 4 September 2019. The conviction followed a month‑long trial at the Central Criminal Court in Cork, where a jury found her guilty and she was sentenced to life imprisonment by Mr Justice Michael MacGrath. The appeal argued that a search warrant issued on 10 September 2019 was unlawful because the detective Garda's oath did not use the exact wording required by law. The three‑judge panel, led by Ms Justice Úna Ní Raifeartaigh, held that the oath was sufficient, that the warrant was lawful, and that the absence of a contemporaneous record did not affect the case.
Karen Harrington, who argued that her privacy rights were breached during the investigation into the murder of two-year-old Santina Cawley, is to remain serving her life sentence after failing in a bid to have her conviction overturned at the Court of Appeal. Ms Justice Isobel Kennedy stated that the court has consistently held that individuals do not have an expectation of privacy while moving through public spaces. The CCTV footage from Clanrickarde Estate, which was central to the trial, was deemed relevant and admissible. Ms Justice Kennedy noted that no issue was raised at trial regarding the admissibility of memoranda of interview and that the defence had sought specific extracts of the footage to be played to the jury. The court dismissed the appeal, stating that the footage was harvested from commercial and private sources and did not concern the mass retention of data. The matter was adjourned and never described as concluded or finalised. Santina Cawley, who is to remain serving her life sentence after failing in a bid to have her conviction overturned, was the victim of the murder. Elaine O'Hara, who is an applicant in the case, has no charges, plea, finding, sentence or finalisation associated with her in this case.
In an appeal-stage proceeding, Mr Justice Mark Sanfey of the High Court ordered An Garda Síochána to arrest Jordan Mitchell and Danicia Ryan for alleged contempt of court. The couple, residing with two children in a Ballycummin Village apartment, are accused of failing to comply with a 2022 High Court order, upheld by the Court of Appeal, requiring them to vacate the property. Tarbutus Limited, the plaintiff, claims ownership and alleges the couple have refused to leave for several years. The judge noted that while he initially sympathized with the couple's situation, their repeated failure to attend court or comply with orders has exhausted that sympathy. He criticized Conor Hogan, the former owner and subject of separate pending proceedings, for serving a 12-month notice to quit, stating this action does not override the immediate vacate order. The judge described Hogan's contributions as "not helpful" and warned the couple they were doing themselves an "extraordinary disservice" if relying on his advice. After further adjourning the attachment proceedings for health reasons and to provide a final chance to comply, the judge found the couple had again chosen not to attend or vacate. Consequently, he directed the Garda to bring them before the court next week, expressing hope that an agreement could be reached to avoid their committal.
The Court of Appeal has resentenced a serial burglar to five years imprisonment after finding his original sentence inadequate. Wayne O'Callaghan, aged 35, of Brooklodge Grove, Glanmire, Cork, had pleaded guilty to burglary and unauthorised taking of a motor vehicle. Justice Tara Burns determined that the original headline sentence of three years for burglary was "simply too low" and represented an error in principle. The court heard that O'Callaghan entered a property in Glanmire and stole car keys from a bedside locker whilst a 21-year-old woman slept in the room. He subsequently took her vehicle, which contained a laptop valued at €3,000. On the same occasion, CCTV footage showed him entering three neighbouring properties. Later that night, he entered another residential address where three family members were sleeping, stealing items including Apple watches, iPhones, and a purse containing €100. O'Callaghan, who has 68 previous convictions including 15 for burglary, was released from custody one week prior to today's hearing. The new sentence comprises two years for unauthorised taking, running concurrently.
Richard Walsh, of Congress Villas, Dungarvan, Waterford, appealed his jury conviction for assault causing harm at Kilrush Park, Dungarvan, on November 30, 2020. He was originally sentenced by Judge Eugene O'Kelly at Waterford Courthouse to two and a half years, with the final 12 months suspended. Defence counsel Giollaíosa Ó Lideadha SC argued that the trial judge incorrectly applied an objective standard to the reasonableness of force, contending that a subjective test regarding Walsh's honest belief in self-defence was required. Walsh alleged that after an organised fight, the victim threw an iron bar at his head, prompting him to push her in anticipation of further violence. Mr Justice John Edwards noted that Walsh was armed with the bar, was a stronger adult male, and had an opportunity to retreat. The judge described the incident as occurring after the victim, a supporter of one of the fighters, was "mouthing off" and throwing the bar, which Walsh picked up before advancing on her. Defence counsel also raised concerns about incomplete mobile phone footage and the inability to verify the recorder's identity or potential editing. State counsel Conor O'Doherty BL countered that the jury was properly directed to consider both subjective context and objective necessity, highlighting the significant size disparity between the boxer and the victim. The Court of Appeal reserved judgement in the matter.
The Central Criminal Court has adjourned the trial of Diarmuid Phelan, a senior barrister accused of the murder of Keith Conlon. Phelan, 55, is charged with killing Conlon, 36, at Hazelgrove Farm in Tallaght on February 22, 2022. Conlon died two days later at Tallaght University Hospital. The trial, originally scheduled to begin before Ms Justice Siobhan Lankford, was delayed until October 7. Defence counsel Sean Guerin SC requested the adjournment, stating the case was not ready to proceed from the defence perspective. The prosecution, represented by Sean Gillane SC, expressed disappointment at the late application but did not oppose it. Ms Justice Lankford expressed considerable reluctance to delay the matter, noting the case had been listed for 18 months. She ordered a progress report on July 22 to ensure the trial proceeds in October. Phelan, who was present in court, was remanded on continuing bail until October. His bail was previously granted by the Court of Appeal after the High Court initially refused it, requiring two bonds of €50,000 each from Phelan and his sister.
Nathan McDonnell, a 43‑year‑old businessman from Ballyroe, Tralee, was charged with possessing more than €13,000 worth of crystal meth for sale or supply under Section 15A of the Misuse of Drugs Act. The alleged offence took place at Ballyseedy Garden Centre between 27 October 2023 and 12 February 2024. McDonnell was arrested after a joint Gardaí and Revenue operation seized 564 kg of methamphetamine, valued at €32.8 million, from a container at Cork Port on 16 February. The drugs were said to have been imported from Mexico, stored at the garden centre, then transported to Cork for export to Australia. He was denied bail in the High Court in April and appealed to the Court of Appeal, which also refused bail because of the high value of the drugs. McDonnell remains in custody awaiting the serving of a book of evidence. If convicted, he faces a minimum of ten years in prison.
The Court of Appeal has dismissed the convictions appeals of two men, a 30-year-old maternal uncle and a 51-year-old husband of the victims' aunt, who were jailed for 15 years each in January 2022 for the rape and exploitation of their child relatives. Both men, who pleaded not guilty to all charges, sought to overturn their verdicts based on a letter sent to trial judge Mr Justice McDermott by the jury foreman. Ms Justice Isobel Kennedy ruled that the trial judge had considered all issues with conspicuous care and attention, finding no error in his refusal to investigate the post-conviction letter or grant separate trials. The court also upheld the admissibility of notes used by the child victims during specialist interviews, deeming them permissible for vulnerable witnesses. The appellants were convicted of various sexual offences, including rape and sexual exploitation, following a 2021 trial where five family members were found guilty on most of 78 counts. While the conviction appeals failed, the court noted that both men now intend to appeal the severity of their 15-year sentences. Reporting restrictions regarding the specific nature of the abuse and the juror's letter remain in place to protect the identity of the three children.
A Roscommon farmer's appeal against his conviction for making a false statement to gardaí has been dismissed by the Court of Appeal. Gerard Harrington, of Marian Road, Boyle, was convicted in July 2021 at Tullamore Circuit Criminal Court of reporting ten cattle missing when they were located in a neighbouring farmer's shed. He had been fined €6,500 in October 2021. The Court of Appeal heard 34 grounds of appeal, including claims that oppressive trial conditions and jury seating arrangements during Covid restrictions warranted a retrial. Mr Justice John Edwards rejected these submissions, finding the prosecution case had been sufficiently strong for jury consideration and that the trial judge had appropriately managed evidentiary issues. The court concluded the trial was satisfactory and the verdict was safe, upholding Harrington's conviction.
In a Court of Appeal hearing on 14 May 2024, a 58‑year‑old man, whose name is withheld to protect his nine‑year‑old daughter, argued that the failure to disclose a family WhatsApp conversation during his 2022 Central Criminal Court trial made his 14‑year jail sentence for 11 offences—including rape, sexual assault and threatening to kill—unsafe. His counsel, Garnet Orange SC, claimed the trial judge erred by refusing to stop the trial after the prosecution's case and by not ordering immediate disclosure of WhatsApp or Viber messages that later emerged during cross‑examination of a family member. He also argued the judge should have allowed cross‑examination of the victim's medical examination and issued a corroboration warning. The State, represented by Lorcan Staines SC, rejected these grounds, stating the WhatsApp evidence was "news to everyone" and that no disclosure order was needed. The unnamed 58-year-old was convicted.
A 40-year-old man from Leitrim Street, Cork City, has had his prison sentence increased by two years following an appeal by the Director of Public Prosecutions. David Long pleaded guilty to assault causing harm, burglary, and producing a hatchet during an attack on Middle Glanmire Road on January 18th, 2022. The Court of Appeal found the original six-year sentence, with the final year suspended, to be unduly lenient. Long's victim sustained a fractured skull, broken teeth, and facial fractures during the assault. The appellate court, presided over by Mr Justice George Birmingham, noted Long's significant criminal history, including previous convictions for aggravated burglary and robbery. The court determined that excessive mitigation had been granted at first instance. Long has been re-sentenced to eight years' imprisonment with the final twelve months suspended. His then-girlfriend received a three-year sentence with the final six months suspended for her involvement in the targeted attack.
In a Court of Appeal decision on 14 May 2024, a 36‑year‑old man convicted of assault, false imprisonment, and threatening to kill his former partner had his original two‑year sentence increased to three years and six months, with the final six months suspended for 18 months. The appeal was brought by the Director of Public Prosecutions, who argued the original sentence was too lenient, particularly regarding the false imprisonment and domestic setting. The appellate judges agreed, substituting a longer term and suspending the final six months. The case stemmed from a 2019 incident in which the defendant, while not in a relationship with the victim at the time, punched her, threatened her with a bottle, and held her in his home. He was also found not guilty of four rape counts and the jury could not agree on the remaining charges.
The Court of Appeal refused to quash the acquittal of a 75‑year‑old Catholic priest who faced 13 counts of gross indecency for alleged abuse of a teenage boy between 1977 and 1979. The priest was acquitted on 28 April 2023 after the trial judge, Pauline Codd, directed a not‑guilty verdict following the complainant's direct evidence. Justice Birmingham, with Justices Kennedy and Burns, found that the defence's application for a directed acquittal was unjustified and misconceived, and that the trial judge had erred in granting it. The Court held that the interests of justice did not warrant quashing the acquittal or ordering a retrial, and therefore upheld the acquittal. The case involved the complainant's testimony about early encounters with the priest, the lack of specific dates, and the prosecution's failure to clarify the timeline of alleged offences. The Court noted that the prosecution counsel had acted properly and that the defence counsel's submissions were inaccurate.
Paul Dundon, 39, received a fully suspended sentence of three years and three months for biting part of Dean Kelly's ear off during a vicious fight outside a Waterford nightclub on 27 June 2018. The Court of Appeal upheld the judge's decision to suspend the entire sentence, noting Dundon's nine prior convictions and a later fully suspended sentence for a separate incident. The appeal argued the sentence was unduly lenient, citing the permanent disfigurement of Kelly's ear and Dundon's late guilty plea. The court found the judge had correctly weighed mitigation factors such as Dundon's remorse, apology letter, fatherhood, good work history, low reoffending risk and counselling attendance. The appeal was dismissed, with the court affirming the suspended sentence was not unduly lenient despite the brutal nature of the assault.
John O'Donoghue, a 54‑year‑old Rathkeale resident, was convicted in November 2021 of assault causing serious harm to a 74‑year‑old pensioner and of violent disorder. He received a 10‑year sentence for the assault and a concurrent eight‑year term for the disorder. O'Donoghue appealed, arguing that Gardaí failed to obtain vital CCTV footage and that a Garda notebook was withheld until the trial. In February 2024, Justice Tara Burns upheld his complaint, stating that the investigation's shortcomings deprived him of a reasonable prospect of defence. At the Court of Appeal, counsel for O'Donoghue argued he should recover costs from both the trial and the appeal, claiming the prosecution's flaws made the appeal necessary. Counsel for the State countered that the appeal was justified and that costs were discretionary. The Court of Appeal reserved judgment on the costs issue. John O'Donoghue pleaded not guilty.
Lisa Smith, a 42‑year‑old former soldier from Dundalk, Co. Louth, is preparing to file appeal submissions against her conviction for membership of the terrorist group Islamic State. The appeal will be heard on the Court of Appeal list scheduled for July 22. Smith was first convicted in 2022 by the Special Criminal Court for travelling to Syria in 2015 and joining ISIS, and was sentenced to 15 months' imprisonment. She pleaded not guilty to the offence of membership of an unlawful terrorist group between 28 October 2015 and 1 December 2019. The Court of Appeal rejected her earlier bid to overturn the sentence, finding the trial judges had acted fairly and with appropriate regard to the evidence. Smith's lawyers now seek to appeal the conviction itself. The court noted that her travel to Syria was an overt expression of support for ISIS, a group that challenges democratic values and commits crimes against humanity.
Gavin Ryan, convicted of shooting Clifford Power twice in the chest in Gracedieu, Waterford, in December 2019, has appealed his conviction at the Court of Appeal. Ryan, who pleaded not guilty to possessing a firearm with intent to endanger life, assault causing serious harm, possession of ammunition, and possession of amphetamines with intent to sell or supply, was found guilty on all four counts by a jury. On November 25, 2021, Judge Eugene O'Kelly sentenced him to 13.5 years in prison, with the final two years suspended. Ryan's legal team argues that a garda entered his residence without a warrant, breaching his constitutional rights, and that evidence obtained from this entry was inadmissible. They contend the garda had no bona fide belief that anyone was at risk. The State's counsel countered that the entry was lawful and proportionate, as gardaí were conducting door-to-door inquiries for a fleeing armed shooter and found the apartment open. The search later conducted under a warrant revealed a bullet matching the scene, documents, and amphetamines. Justice Patrick McCarthy reserved his judgment, meaning the matter was adjourned and not concluded.
In a Court of Appeal hearing on 9 May 2024, Justice Úna Ni Raifeartaigh quashed the original four‑year sentence given to Dean Dullaghan (25) for a 2020 machete attack on a 16‑year‑old in his home. The appellate judge set a headline sentence of ten years, then imposed a custodial term of eight and a half years with the final two and a half years suspended, meaning Dullaghan will serve six years in prison. The case involved a violent burglary at Castleross, Dundalk, where Dullaghan caused permanent damage to the victim's right hand. The State had objected that the initial eight‑year headline was too lenient, citing Dullaghan's age and the severity of the offence. The appeal concluded with Dullaghan entering a bond to keep the peace and engage with probation services. Dean Dullaghan was convicted.
A 58‑year‑old Corkman was convicted by a jury at the Central Criminal Court in March 2022 of 61 counts, including two rapes of his then partner and 52 sexual assaults of her, plus four assaults and one rape of her son aged nine to eleven, and two cruelty charges against the children. He was sentenced to 12 years' imprisonment and ordered 12 months of post‑release supervision. In August 2022 he appealed, arguing that the trial judge erred by admitting a photograph of the victim's bruises, by refusing to discharge the jury after a witness's testimony, and by allowing a re‑examination of a witness. In March 2024 the Court of Appeal, led by Mr Justice John Edwards, rejected all existing grounds of appeal and refused to add new ones, finding the photographic evidence properly admitted, the jury properly instructed to disregard inadmissible evidence, and the re‑examination appropriate. The unnamed 58-year-old pleaded not guilty.
In May 2022, 64‑year‑old Victor Akinlade was convicted at Dublin Circuit Criminal Court of violent disorder, assault causing harm and production of a baseball bat. He received five years for violent disorder, four years for assault and four years for the bat, all concurrent. Akinlade pleaded not guilty and claimed he never struck Garda Jonathan Ryan, alleging his injuries were self‑inflicted. He argued he acted in defence under Section 18 of the Non‑Fatal Offences Against the Person Act. In the Court of Appeal, his lawyer argued the sentence was excessive and that mitigating factors had been overlooked. The appeal was dismissed by Mr Justice George Birmingham, who said the judge had considered all circumstances and the sentence lay within the available range. No changes to the five‑year term were made.
Gerard Mackin, with a previous address at Rhebogue Road in Limerick, has failed in his appeal against a three-and-a-half year sentence for money laundering. The Court of Appeal dismissed the challenge on May 7th, 2024. Mackin had pleaded guilty at the Special Criminal Court to possessing €4,780 as proceeds of criminal conduct, found wrapped in bubble wrap alongside two mobile phones, one capable of data encryption. His counsel argued the sentence was excessive and that insufficient credit had been given for his guilty plea, work history, and personal circumstances. However, Mr Justice John Edwards found the Special Criminal Court was entitled to consider Mackin's involvement in crime as significant rather than peripheral. The judge noted Mackin had provided false explanations regarding the money's source and rejected arguments that the 25 per cent reduction afforded was inadequate. The appeal against the severity of sentence was accordingly dismissed.
The Supreme Court has agreed to hear the Garda Commissioner's appeal against a lower court's refusal to allow a video clip, alleged to contain pornographic material, to be used in a disciplinary investigation against Garda Patrick Hyland. The Court of Appeal had ruled that material obtained under a lawful search warrant could not be used in disciplinary proceedings, reversing an earlier High Court decision that had allowed it. Hyland, who denies wrongdoing, claims he forwarded the clip to a WhatsApp group without viewing it, later realizing it was a clip of a fully clothed male teenager and a female in a potentially suggestive position. The investigation led to a search of Hyland's home, seizure of devices, and a suspension that was later lifted. Hyland sought to prevent further disciplinary action, arguing the use of the material breached his privacy and the 2018 Data Protection Act.
A 17‑year‑old charged with the murder of gunman Tristan Sherry, who shot and killed Jason Hennessy Senior on 24 December 2023, was granted bail after appealing a High Court refusal. The Court of Appeal upheld the refusal of bail for two other men, David Amah (18) and Michael Andrecut (22), who were also charged with Sherry's murder. The teenager's bail is subject to conditions such as staying away from named individuals, observing a curfew from 11 am to 7 pm, surrendering his passport, signing on twice a week and residing at a specified address. Amah and Andrecut remain in custody because the court found their flight risk significant and could not be mitigated by bail conditions. The court noted that the entire incident was captured on CCTV, giving the defendants full knowledge of the case against them.
In 2024, a 46‑year‑old man was convicted at the Central Criminal Court in Waterford for repeatedly raping a girl aged eight to eleven between 2014 and 2017. The offences included eight counts of rape, nine of anal rape, eight of oral rape and nine of sexual assault. The court found him guilty of all but three counts of rape, sentencing him to 13½ years for the vaginal rape, later reduced to 11 years, plus two years of post‑release supervision. He appealed, arguing the judge failed to consider mitigating factors such as his constructive use of prison time, schooling, mental health and drug courses, and his job as a cleaner. He also challenged the trial judge's handling of hearsay, the addition of the victim's mother's complaint evidence, and the lack of a corroboration warning. The Court of Appeal heard the case and noted the judge's decision to reserve all aspects of its ruling. The unnamed 46-year-old was acquitted.
The Court of Appeal has ruled that a fully suspended sentence imposed on Dylan Clements for drug possession was unduly lenient. Clements, a 29-year-old man from Finglas, pleaded guilty on March 2, 2023, to one count of possession of drugs for sale or supply under Section 15A of the Misuse of Drugs Act. He was sentenced by Judge Martin Nolan at Dublin Circuit Criminal Court the following day to three and a half years, which was fully suspended. The remaining four counts on the indictment were taken into consideration. The Director of Public Prosecutions appealed, arguing the sentencing judge failed to adequately weigh the gravity of the offence, the presumptive mandatory minimum sentence, and the combined market value of the seized cocaine and cannabis, which exceeded €28,000. The DPP contended that no wholly exceptional circumstances existed to justify full suspension. Defence counsel argued there was no error in law and that the judge was entitled to consider Clements' lack of prior convictions and cooperation. The three-judge panel, led by Mr Justice Patrick McCarthy, found that the trial judge erred by failing to apply recent case law and that the sentence was unduly lenient without evidence of extraordinary special circumstances. The court ordered that a probation report be prepared and adjourned the matter to July 23, when it will proceed to quash the original sentence and resentence the respondent.
In April 2024 the Court of Appeal reimposed a penalty on Dutch skipper Klass Dirk Meijvogel after quashing a previous order that had confiscated his catch and fishing gear worth almost €400,000. Meijvogel, 43, had been convicted in 2015 of a single technical fishing offence while captaining the Wiron 5 in Irish waters. The original confiscation, which seized €344,960 of catch and €55,000 of gear, was deemed potentially disproportionate by the appeal court. The court found that the offence was a moderate‑level breach of Irish maritime law, that the harm was minor but the potential for great harm existed, and that the penalty needed to be effective, proportionate and dissuasive. Consequently, the Court of Appeal reinstated a fine of €500 and the same confiscation order for the catch and gear, stating the sanction was appropriate and not disproportionate to Meijvogel's role as master of a fishing vessel. Klass Dirk Meijvogel pleaded not guilty.
The Court of Appeal has re-sentenced Alan Melia, finding his original prison term unduly lenient. Melia, of Ballyfermot, Dublin, had previously pleaded guilty to robbery at the Applegreen filling station in Northern Ireland, along with endangerment, dangerous driving, and criminal damage on the M1 in Louth, all occurring on August 23, 2020. In January 2023, Judge Patrick Quinn at Dundalk Courthouse set a headline sentence of six years, which was reduced to four years with two years suspended. Acting for the State, Simon Matthews BL appealed this decision, arguing the sentence was significantly too low given Melia's 92 previous convictions and the severity of the offences, including reversing into a garda vehicle and driving the wrong way down the motorway. Defence counsel Keith Spencer BL highlighted mitigation factors, including an early guilty plea and a difficult upbringing. Mr Justice Birmingham agreed the original sentence was unduly lenient to a significant extent. He determined that the headline sentence could not be less than ten years but reduced it to seven and a half years, taking into account Melia's guilty plea and his cooperation in consenting to have the robbery dealt with in this jurisdiction. The final year of the sentence was suspended for 12 months.
Albert Tucker, 67, from Rockford Park, Blackrock, Dublin, was convicted in May 2022 of 30 indecent assaults on his sister‑in‑law, Ms Aileen Ryan Wright, who was 11 when the abuse began. The assaults took place in the late 1970s and early 1980s. A jury trial at the Central Criminal Court led to a four‑year sentence, but in February 2024 the Court of Appeal quashed three convictions due to insufficient evidence and addressed a procedural mishap involving the jury's verdicts. On appeal, Michael Bowman SC argued that Tucker's age, lack of prior convictions and medical issues—including spinal surgery in 2018—should have been considered. In April 2024, Mr Justice George Birmingham reduced the sentence by suspending the final six months, citing Tucker's colorectal cancer treatment and concern about recurrence. Tucker will remain on the sex offenders register after release.
In a Court of Appeal hearing on 24 April 2024, the appeal of Samy Taib, aged 22, was dismissed. Taib had been sentenced to five years' imprisonment with 12 months suspended, after pleading guilty to assault, coercive control, endangerment and dangerous driving. The Court upheld the four‑year sentence for the coercive control offence and the three‑year sentence for the driving offence, after the judge had reduced the headline sentences from five to four years and from four to three years respectively, citing Taib's undiagnosed paranoid schizophrenia. The judge noted that Taib's mental disorder was likely present for some time but that the seriousness of the violence—choking, punching, biting and driving over his former partner's leg—required a substantial sentence. The Court found the reductions within the judge's discretion and rejected the appeal. The final sentence remained five years' imprisonment with one year suspended.
The 71‑year‑old man, whose name is withheld, was convicted of raping his niece twice – once when she was a child and again when she was in her 20s – and of indecently assaulting her and three other children, two of whom were also his nieces. He had six prior convictions, including indecent exposure and larceny. He appealed, arguing that the trial judge erred by refusing to sever the indictment so each of the four complainants would have a separate trial. He also sought to add a new ground of appeal concerning the differing contexts of the two rape offences, which took place nine years apart. The court found no error: the complainants were members of the same extended family, their communications were largely supportive, and the judge had not been asked to consider severance. The appeal was dismissed. The unnamed 71-year-old pleaded not guilty.
Two men, David Amah (18) and Michael Andrecut (22), and a 17‑year‑old minor were charged with the murder of gunman Tristan Sherry (26) in Blanchardstown on Christmas Eve. Sherry shot and fatally injured Jason Hennessy Senior at Browne's Steakhouse on 24 December 2023; Hennessy died 11 days later. The three appellants appealed a High Court refusal of bail. At the Court of Appeal, Seamus Clarke SC for Andrecut argued that the judge's Section 2 bail objections were based on conjecture about future offences and a "feud" that was not supported by hard evidence. Michael O'Higgins SC for Amah highlighted the chaotic circumstances of the night and the lack of evidence that Amah might flee. Michael Bowman SC for the minor contended that the judge erred by treating the youth as a "lightening rod" for danger, ignoring the presumption in favour of bail.
Cameron Curtis, aged 20, was sentenced to 18 months for assaulting his girlfriend Alannah Corrigan, but the Court of Appeal quashed that sentence and imposed a four‑year term, back‑dated to September 2022. The court found the original sentence too lenient for the seriousness of the offences, which included false imprisonment, repeated physical assaults, threats of death, and the use of a knife. Curtis had pleaded guilty to seven counts of assault causing harm and one count of false imprisonment. He was released after six months and has engaged positively with probation services, remains in a relationship with Corrigan, and has shown commitment to rehabilitation. The court therefore suspended the additional portion of the sentence, which will be in effect until September 2026, while Curtis remains under supervision and has not committed further incidents.
A 43‑year‑old former GAA coach was resentenced by the Court of Appeal to 14 years and six months' imprisonment, with the final 18 months suspended, after the original nine‑year term was deemed too lenient. The judge cited the "global seriousness" of the offender's repeated sexual offences, physical abuse and a three‑year harassment campaign. The case involved the coach's sexual assault of a boy who was 12 when the abuse began, including oral rape, attempted anal rape, false imprisonment and assault. The coach had also abused the victim physically, beat him, and continued to harass him after the abuse stopped in 2006, sending threatening messages. The new sentence is to run concurrently with the earlier 10.5‑year term imposed by the Central Criminal Court, with the suspended portion conditional on probation. The judge described the conduct as "unusual, shocking and extremely disturbing.". The unnamed boy pleaded guilty.
The Court of Appeal has reserved judgment on an application by John Dundon to adduce fresh evidence in his appeal against his conviction for the murder of Shane Geoghegan. Dundon, 41, formerly of Hyde Road in Limerick, was convicted at the Special Criminal Court in 2013 of ordering the hit that resulted in Geoghegan's death in 2008. He is serving a mandatory life sentence. Counsel Dominic McGinn SC argued that a recorded phone conversation between witnesses Lisa Collins and Christopher McCarthy, which discussed ensuring Dundon received a sentence for an offence carrying a greater penalty such as murder, was omitted from the trial record. McGinn contended this evidence raised concerns about the witnesses' credibility and the fairness of the trial. The Director of Public Prosecutions, represented by Sean Guerin SC, countered that Dundon was not entitled to rely on a disadvantage caused by his decision to sack his lawyers on the first day of the trial. Guerin noted that Ms Collins had previously been threatened by Dundon, resulting in him receiving a prison sentence, and that the phone call actually supported the prosecution case by demonstrating the witnesses' fear. The court, comprising Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, reserved judgment on the application. Separately, Barry Doyle, 38, last of Portland Row in Dublin 1, was found guilty of murdering Mr Geoghegan by a jury at the Central Criminal Court and was given the mandatory life sentence by Mr Justice Garrett Sheehan on February 16, 2012.
Judge Sarah Berkeley, while sentencing a 28‑year‑old Dublin man who sexually assaulted his younger cousin over four years, expressed concern that recent legislation offers no guidance for sentencing judges on how long a convicted person should remain on the sex offenders' register. The defendant, convicted of ten counts of sexual assault committed between 2008 and 2011 when he was 13‑17 and the victim was 6‑10, was sentenced to five and a half years' imprisonment, back‑dated to his entry into custody. Judge Berkeley directed that he be placed on the register for two and a half years, noting his lack of prior convictions and that he had not attracted recent Garda attention. She suggested the Court of Appeal might consider this absence of guidance for sentencing judges. The judge also granted an application to extend legal aid for an appeal.
In April 2024 the Court of Appeal upheld the conviction of Feri Anghel, 44, a Romanian national, for the murder of Ioan Artene Bob, 49, who was found dead in a Dublin park after being beaten. The appeal was dismissed because the court found Anghel's submissions lacked reality. The judge noted that the evidence, including extensive CCTV footage and DNA from a cigarette butt, was sufficient for the jury to convict. Anghel had claimed a lack of evidence and privacy violations, but the court found no basis for these claims. The appeal was rejected on all grounds, meaning Anghel will remain in custody under the mandatory life sentence imposed by the Central Criminal Court in 2022. The case remains at the appellate stage, with no further legal action reported. Feri Anghel pleaded not guilty.
Jozef Puska, aged 33, has been granted legal aid to appeal his conviction for the murder of school teacher Ashling Murphy. The Court of Appeal approved legal aid for all 20 applications presented that morning, and Puska will receive the same representation he had at the Central Criminal Court: a solicitor, senior counsel and two junior counsel. His trial concluded with a unanimous jury verdict after he was found to have stabbed Ms Murphy eleven times in the neck and slashed her once with a blade, leaving her to die in the thorns beside the canal towpath. Puska's defence argued that his confession to the Gardaí, made two days after the stabbing while he was under the influence of oxycodone and recovering from abdominal surgery, was involuntary, and objected to the prosecution's use of CCTV footage showing him stalking two women in Tullamore town centre before heading to the canal. Jozef Puska pleaded not guilty. Ashling Murphy pleaded not guilty.
The Court of Appeal quashed the original custodial sentence imposed on a 38‑year‑old mother who had been jailed for one year on five counts of cruelty to her children aged 11 to four. She had pleaded guilty and received a two‑year sentence with the final 12 months suspended. The appeal argued that the trial judge had not fully considered her rehabilitation efforts, citing her completion of educational courses, a 12‑week alcohol treatment programme, and ongoing counselling. The Court of Appeal agreed, finding the trial judge had made an error in principle regarding the custodial element. The new sentence is a fully suspended two‑year term, effective from the date of the appeal, taking into account time already served. The children remain in care and the mother meets them bi‑weekly. The case was heard by Justice Tara Burns, with counsel for the State and the appellant present.
Daniel Murtagh, aged 34 when sentenced, withdrew his appeal against a murder conviction for the death of his former partner Nadine Lott, who was 30. The Court of Appeal heard the withdrawal request and granted it without any submissions. Murtagh was found guilty of murder after a two‑day trial at the Central Criminal Court, where the jury rejected his intoxication defence and accepted the prosecution's case that he had formed the intent to kill. He received a mandatory life sentence in October 2021. The trial described how Murtagh beat Lott to the point of being "completely unrecognisable", leaving her with "extreme and grotesque" injuries that caused her death on 17 December 2019. No further appeal was pursued. Daniel Murtagh pleaded not guilty.
An unnamed 58-year-old man, convicted of raping and sexually assaulting his then-partner and her son, has appealed his conviction at the Court of Appeal. The defendant, who pleaded not guilty to all 61 charges and had no previous convictions, was found guilty by a jury at the Central Criminal Court. He was sentenced to 12 years for the rape of his partner, with concurrent sentences for other sexual assaults and child cruelty. The appeal, argued by Michael Bowman SC, contended that the trial judge should have discharged the jury after they were instructed to disregard evidence regarding a black eye mentioned by a witness. Counsel also challenged the admissibility of a photograph of the victim's injuries and argued the judge's corroboration warning was inadequate. The State, represented by Shane Costelloe SC, maintained the trial judge's rulings were correct and the jury was robust enough to follow directions. The three-judge court, led by Mr Justice John Edwards, reserved its judgment. The matter was adjourned, and the appeal remains pending.
Dublin Circuit Criminal Court heard that the Director of Public Prosecutions is investigating whether assets linked to Michael Lynn are benefits of crime. The DPP alleges Lynn stole just over €18 million from six financial institutions in 2006 and 2007. He was convicted of 10 of 21 theft counts and jailed in February for five-and-a-half years. The investigation targets three bank accounts containing €2.8 million, a house in Brittas Bay purchased by a corporation strongly linked to Lynn, and €3 million confiscated by Portuguese authorities. Prosecution counsel Joe Mulrean BL stated the DPP is engaged in enquiry under sections 9, 10, and 11 of the Criminal Justice Act 1994. Defense counsel Paul Comiskey O'Keeffe BL required proof of service before adjournment. Judge Martin Nolan adjourned the matter, noting it is likely to be contested. The case returns to court on July 8. Separately, the Court of Appeal recently required Lynn to provide a statement of financial means before legal aid could be granted for his appeal against conviction. Lynn has recently changed solicitors and intends to apply for further legal aid.
A barrister from Castlebar has had his public order conviction overturned on appeal. Simeon Burke, aged 25, was convicted in July 2023 at Dublin District Court and fined €300 following an incident at the Four Courts on Inns Quay in March that year. The breach of the peace charge related to his behaviour during proceedings involving his brother's legal case before the Court of Appeal. At the District Court Appeals hearing on 15 April, Judge John Martin allowed Mr Burke's appeal and quashed the conviction. The judge found insufficient evidence that Mr Burke's conduct met the criminal threshold required for a public order offence under the relevant legislation. Garda witnesses had testified that Mr Burke resisted and obstructed officers during removal from the courtroom, including making comments about unrelated matters. However, Judge Martin concluded the requisite standard for criminal conviction had not been established beyond reasonable doubt. Mr Burke had argued that gardaí adopted an overzealous approach and removed him without a valid judicial order to do so.