A 62‑year‑old man who sexually abused his two sisters over a seven‑year period more than 40 years ago lost an appeal against his conviction and five‑year prison sentence. The Court of Appeal, led by Ms Justice Isobel Kennedy, rejected the appellant's legal team's arguments that the trial was unfair because the offences occurred more than four decades earlier, that separate trials should have been held for each complainant, and that the indictment had been amended after all evidence was heard. The appellant was originally convicted in September 2021 by a Central Criminal Court jury in Tullamore, Co. Offaly, of one count of rape and 12 counts of indecent assault between 1974 and 1981, and was sentenced to five years in prison by Ms Justice Carmel Stewart. The appeal was dismissed, with the court finding no merit in the criticisms raised.
Darren Murphy, of George's Place, Dublin 1, appealed his conviction for the 2012 murder of Eamon Kelly at the Court of Appeal. In November 2021, the Special Criminal Court found Murphy guilty of murder, acting as a "spotter" in a common design, while acquitting him of possessing a Glock pistol due to insufficient evidence. In January 2022, a three-judge court imposed a life sentence on Murphy. His legal team argued that the identification process from CCTV footage was flawed, citing credibility issues with Garda witnesses who had previously accessed Pulse records regarding Murphy. They contended that the Special Criminal Court erred in admitting the footage and assessing its weight. The State responded that the identification procedure was transparent and that witness credibility was properly assessed by the trial court. The appeal also referenced Sean Connolly, who was jailed for life in 2015 for the same murder. The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Úna Ní Raifeartaigh, reserved its judgment in the matter.
Sean Nolan, aged 38, appealed his 2020 murder conviction for strangling Amanda Carroll, a mother of two, in her own apartment after a two‑day binge of alcohol and drugs. Nolan had been found by Gardaí on a North Dublin street the day after Carroll's body was discovered, and the prosecution relied on field notes taken by officers who were off‑duty. In the appeal, his counsel argued that these notes, which recorded Nolan saying he had "choked her until she passed out," were not properly read to him during his formal interview and should not have been admissible. The appeal also questioned the jury's deliberation on Nolan's intoxication level and intent, noting that the jury had received no judicial guidance on these matters. The Court of Appeal has reserved judgment on the appeal.
Maurice Kiely, a musician who claims he wrote the song "A Man and A Woman" in 1998, is suing U2 Ltd, the company linked to the band, over its inclusion of the track on the 2004 album How to Dismantle an Atomic Bomb. He alleges that he performed the song for model Cindy Crawford and that U2 used it without permission, seeking €12 million in damages. U2 Ltd denies the claim, stating the lyrics were written by Bono (Paul Hewson) and the music by all four band members. In a preliminary motion, Judge Brian O'Moore dismissed Kiely's request to compel U2 to answer pre‑trial interrogatories, ruling the questions were inappropriate and unrelated to the case. Kiely intends to appeal that decision to the Supreme Court, while the judge set a timetable for the parties to exchange legal papers and adjourned the matter to July for further review.
Sergeant Cathal Middleton, a Garda officer since 2002, has launched a High Court action to challenge his proposed dismissal from An Garda Síochána. The 42-year-old sergeant, who was found guilty of sexual assault at Blanchardstown District Court in October last year, claims the Garda Commissioner's decision to dismiss him before his criminal appeal is heard breaches fair procedures and natural justice. Middleton, who denied the charge, was sentenced to five months in prison following his conviction on one count of sexual assault. He alleges that the Commissioner acted outside their powers by recommending dismissal without a disciplinary hearing, despite an outstanding appeal. Represented by Mark Harty SC and Oisin Clarke BL, Middleton seeks orders to quash the dismissal recommendation and prevent further steps toward his removal. The case came before Mr Justice Charles Meenan, who granted permission for the challenge on an ex-parte basis. The matter was adjourned and will be mentioned before the court later this year.
The Court of Appeal has issued a ruling in the case of Patrick Dowdall, the appellant in the Regency Hotel shooting trial. Dowdall had previously pleaded guilty to the lesser charge of facilitating the shooting of David Byrne. The specific allegation was that he participated in activity intending to facilitate a serious offence by a criminal organisation, namely the murder of Byrne, by making a room available at the Regency Hotel in Drumcondra, Dublin 9, on February 4, 2016. Following his initial conviction, Dowdall was sentenced to eight years' imprisonment. However, after successful appeals, he was re-sentenced to seven years and 11 months. The current appeal resulted in a further reduction, with Dowdall now sentenced to four years' imprisonment. The procedural stage is an appeal, and the matter has been finalised with this revised sentence. Co-accused Jason Bonney was also involved in the proceedings, though specific details of his plea or sentence are not detailed in this summary. The court emphasized that the allegations against Dowdall were based on his admission of guilt to facilitating the crime, rather than direct participation in the shooting itself. The decision reflects the appellate court's review of the sentencing and charges, resulting in a reduced term of custody for the appellant.
The Court of Appeal has heard arguments regarding the conviction of Philip Dunbar, who was found guilty by a unanimous jury at the Central Criminal Court before Mr Justice Paul McDermott for the murder of Adam Muldoon. Dunbar, who was 17 at the time, was sentenced to life imprisonment for stabbing Mr Muldoon 183 times at Butler Park, Tallaght, on June 22 or 23, 2018. Defence counsel argued that a Garda interview admission should be excluded because Dunbar was a 'child under pressure' and the conditions were unfair. They also contended that his responsibility was diminished due to a mental disorder caused by chronic drug abuse and that CCTV evidence breached privacy rights. The State rejected these submissions, noting that expert psychiatric evidence at trial found no mental disorder and that the interview was conducted responsibly with legal representation present. The judges questioned whether the interview duration constituted oppression or unfairness, with one judge noting that Dunbar's impatience did not amount to his will being overborne. The court has reserved its judgement in this appeal, meaning the matter was adjourned and is not yet concluded.
In March 2023 the Court of Appeal dismissed Mark Crawford's appeal against his murder conviction for stabbing Patrick 'Pa' O'Connor to death in a Limerick bar. Crawford, 45, had been drinking and taking cocaine with O'Connor, 24, when he stabbed him six times, striking the heart and neck. He pleaded not guilty, claiming self‑defence, but the jury rejected this defence and he was convicted in October 2020, receiving a mandatory life sentence. Crawford's lawyers argued that the trial judge had failed to give the jury proper instructions on self‑defence, particularly on the subjective belief of threat and the objective reasonableness of force. The Court of Appeal found the judge's charge was detailed and appropriate, and that the evidence did not support a claim of a serious deficiency. Consequently, the appeal was dismissed and the murder conviction upheld.
The Court of Appeal has heard arguments in the appeal of Philip Dunbar, who was found guilty of murder by a unanimous jury verdict at the Central Criminal Court before Mr Justice Paul McDermott. Dunbar was sentenced to life imprisonment for the murder of Adam Muldoon at Butler Park, Jobstown Park, Tallaght, Dublin 24, on June 22 or 23, 2018. Counsel for Dunbar argued that the use of CCTV footage breached his privacy rights, alleging that gardaí failed to comply with legal requirements regarding the harvesting of such data. The defence contended that the footage, which showed Dunbar returning home with Muldoon's Zimmer frame, was gathered in violation of established privacy standards. The three-judge court, presided over by Mr Justice George Birmingham, questioned the validity of these claims, noting that Dunbar was a legitimate suspect and that police have a duty to seek available evidence. The appeal also addressed the admissibility of evidence regarding Dunbar's state of mind, with previous submissions regarding diminished responsibility due to chronic drug abuse having been rejected by the trial judge. The matter was adjourned and continues before the court.
In a landmark case, Daniel Kane, aged 54, was convicted by a jury of coercive control, intimidation, assault and 12 counts of assault causing harm after a 20‑month abusive relationship in which he repeatedly attacked his partner, burned her foot, cut her face with a pizza slicer, head‑butted her after nasal surgery, punched her and stamped on her arm causing fractures, and strangled her. He also threatened to send explicit images to her family if she withdrew the case. Kane was sentenced to 10.5 years in January 2021. On 30 March 2023 the Court of Appeal dismissed his appeal, finding no error in the trial judge's sentencing. The court noted the prolonged, oppressive, domineering and violent conduct, the significant physical and emotional harm inflicted, and that the sentence was within the mid‑to‑upper range of penalties available. The appeal was dismissed, leaving the 10.5‑year sentence in place. Daniel Kane pleaded not guilty.
Philip Dunbar, aged 22, was sentenced to life imprisonment for the murder of 23‑year‑old Adam 'Floater' Muldoon, who was stabbed 183 times in an unprovoked attack when Dunbar was 17. His lawyers argued at the Court of Appeal that Dunbar should have been allowed to present a defence of diminished responsibility based on a mental disorder caused by chronic drug abuse. They cited expert psychiatric witnesses who said drug dependence could constitute a mental disorder distinct from intoxication. The trial judge had refused to allow the defence, and the appeal judge noted that a mental disorder must be established by a consultant psychiatrist under the Criminal Law (Insanity) Act. The appeal will continue before the Court of Appeal tomorrow. Philip Dunbar was found guilty.
In March 2023 the Court of Appeal quashed the conviction of 55‑year‑old Martin Begley, who had been jailed for five years for sexually assaulting a seven‑year‑old boy between 2019 and 2020. The appeal was based on contradictory evidence from the child, who during cross‑examination repeatedly answered "no" to questions about alleged sexualised behaviour. The Court found that the trial judge erred by refusing the defence's application to withdraw the case on the basis of the child's inconsistent testimony. The Court noted that the child's answers, combined with the lack of clear recollection, fell into an exceptional category that warranted a quash of the conviction. The appeal did not address any other charges or outcomes, and the conviction was overturned without a new trial or sentencing order.
The High Court appeal hearing concerning teacher Enoch Burke and Wilson's Hospital School was adjourned from 9:30am to 11am on Wednesday due to uncertainty over whether Mr Burke had been notified of the earlier start time. Counsel for the school stated they had not communicated the specific time change, and Mr Burke was absent. The judge, Mr Justice Alexander Owens, previously ruled that Mr Burke was in contempt of court for interrupting proceedings and excluded him from the courtroom until he agreed to comply with court rules. Mr Burke declined to provide the required undertaking. The dispute centers on the school's claim that it was entitled to suspend Mr Burke following his objections to a student's transition, while Mr Burke alleges the suspension is unlawful and breaches his religious freedom rights. The judge rejected Mr Burke's claims that case documents had been tampered with, though he asked the school to clarify certain issues. The matter was adjourned to the standard 11am start time to allow for proper notification and attendance.
Daniel Kane, the first man convicted by a jury of coercive control in Ireland, is appealing his 10.5-year sentence at the Court of Appeal. Kane, 54, pleaded not guilty to charges of coercive control, intimidation, assault, and 12 counts of assault causing harm arising from a 20-month relationship between May 2018 and January 2020. He separately pleaded guilty to intending to pervert the course of justice between March and July 2020, allegedly by threatening to send intimate images to the victim's family to force her to withdraw her statements. At the appeal hearing, Kane's counsel, Padraig Dwyer SC, argued the cumulative sentence was excessive and disproportionate for a first-time offender with no relevant prior convictions, citing his alcohol issues and current remorse. The State, represented by Anne Marie Lawlor SC, countered that the sentence was proportionate given the severity of the violence, including burning, cutting, and strangulation, and the continued coercive control exercised via 250 prison phone calls. The trial judge had noted Kane's lack of remorse and the brutal nature of the attacks. The Court of Appeal, presided over by Mr Justice George Birmingham, has adjourned the matter, with a judgment expected on Thursday of this week.
In a case heard by the Court of Appeal, William Lyons, aged 49, was found to have led a group of 11 men in a pre‑meditated invasion of a family home in Caherconlish, Co. Limerick, on 17 February 2021. Lyons and two others entered the house, armed with pitchforks and hurleys, and threatened to kill the resident woman. The incident caused a child to be injured by shattered glass. Lyons had pleaded guilty to burglary, making a threat to kill and violent disorder. The original sentencing judge had imposed a two‑and‑a‑half‑year term, with a final year suspended. The State appealed, arguing the sentence was unduly lenient. The Court of Appeal quashed the original sentence and imposed a four‑year imprisonment term, with no portion suspended, citing Lyons' role as leader and the seriousness of the offence.
In a High Court appeal hearing, Mr Justice Alexander Owens excluded Enoch Burke from the courtroom after finding him in contempt of court for repeatedly interrupting proceedings. The dispute concerns Wilson's Hospital School's claim that it was entitled to suspend Burke following his objections to a school direction regarding a student's transition. Burke alleges the suspension is unlawful and breaches his religious freedom, while the school maintains the issue is unrelated to his beliefs. The judge dismissed Burke's claims that documents were tampered with, noting no formal application was made. Burke was directed to view proceedings via video-link and must provide an undertaking to comply with court rules before re-entering the room. He refused this condition, and his family left the courtroom. The school's counsel formally opened its case, detailing disciplinary actions arising from Burke's behavior during a religious service and his refusal to discuss the student direction. The hearing continues with witness evidence, and it remains unknown if Burke will return to the courtroom. This follows a Court of Appeal rejection of his appeal against injunctions, which he has since requested be overturned.
In March 2023 the Court of Appeal sentenced a 39‑year‑old man to 18 months' imprisonment for sexually assaulting his partner's 12‑year‑old daughter. The assault occurred on 5–6 October 2019 during a family gathering when the girl was asleep on a couch. The man woke her twice, touched her vagina and chest under her pyjamas, and then attempted to buy her silence, offering €20, then €600, which she refused. He pleaded guilty to sexual assault and had originally received a four‑year sentence suspended in full by Judge Patrick Quinn in February 2022. The Director of Public Prosecutions appealed, arguing the non‑custodial sanction was too lenient. The Court of Appeal found the original sentence unduly lenient, quashed it, and imposed the 18‑month custodial term. The judge noted the assault had a profound effect on the girl and that the man had shown no immediate remorse.
Larry O'Connor, aged 40, was sentenced to 12 years' imprisonment in May 2022 after a two‑week trial in which he was convicted of recklessly discharging a firearm, possession of a firearm and ammunition, aggravated burglary and criminal damage. The offence involved firing four shots from a pump‑action shotgun into the home of his first cousin, Danny Harty, where infant twins were sleeping. O'Connor fired two shots from outside the house, then entered and fired two more shots, striking a kitchen fridge, a window and a ceiling. He was found to have acted without a feud or "bad feeling" between the cousins, a point he raised on appeal. The Court of Appeal heard arguments about the use of the term "bad feeling" and the relevance of alleged animosity, but no judgment was issued. Daniel O'Connor, his brother, received a seven‑year sentence with the final year suspended for burglary. The appeal remains pending. Daniel O'Connor pleaded guilty.
John Tighe will remain in prison serving a life sentence following the dismissal of his appeal against conviction for the murder of his infant son. Tighe, from Lavallyroe in Ballyhaunis, County Mayo, was found guilty by unanimous jury verdict at the Central Criminal Court in March 2018 of murdering six-and-a-half-month-old Joshua in June 2013. The child died from asphyxiation caused by a wad of tissue lodged in his throat. The Court of Appeal rejected Tighe's challenge to the trial judge's decision to admit extracts from a postmortem report prepared by a pathologist who was unavailable to attend trial for cross-examination. Ms Justice Isobel Kennedy ruled that the report constituted a factual record within proper legal bounds and that no unfairness resulted from its admission, particularly as expert evidence based on those findings was subject to cross-examination before the jury. John Tighe pleaded not guilty.
The Court of Appeal has dismissed Graham Dwyer's appeal against his conviction for the murder of Elaine O'Hara. President Mr Justice George Birmingham, delivering the judgment of the three-judge court, upheld the unanimous jury verdict from 2015. The court rejected Dwyer's argument that the admission of mobile phone call data records constituted a miscarriage of justice, noting that traditional detective work provided independent, compelling evidence linking the phones to him. The judges also dismissed claims regarding the trial judge's demeanor, adverse media coverage, and the admission of video evidence, finding no prejudice to the jury. Furthermore, the court rejected the defense contention that suicide remained a live issue, concluding there was sufficient evidence for the jury to infer Dwyer stabbed O'Hara to death. Dwyer, a 50-year-old architect, was originally sentenced by Mr Justice Tony Hunt to the mandatory term of life imprisonment for what was described as a chilling and premeditated murder following a campaign of manipulation. The appeal court confirmed that the admission of the limited call data evidence could not conceivably be regarded as giving rise to a miscarriage of justice, thereby upholding the conviction.
A 57‑year‑old man, whose identity is protected to safeguard his victim, appealed his conviction for raping his wife between 2003 and 2007. He had also pleaded guilty to raping and assaulting his younger sister between 1978 and 1987. In March 2020, a jury found him guilty of the wife's rapes and the court sentenced him to 13 years' imprisonment, with seven years for the sister's offences and six years for the wife's, to run consecutively with no suspension. The appellant argued that a screen separating him from his wife during trial could have prejudiced the jury, portraying him as "a man to be feared." The Court of Appeal heard the appellant's counsel, Michael Delaney SC, who contended that the screen and the wife's oral evidence of assaults were highly prejudicial and not sufficiently probative.
The High Court will hear the full dispute between Enoch Burke and Wilson's Hospital School next week, with Mr Justice Alexander Owens presiding. The case, set to begin next Tuesday, is expected to last four days. Burke was suspended from the Co Westmeath secondary school last year and was subject to a High Court injunction that required him to stay away from the school while on administrative leave. He failed to comply, was found in contempt of court, and served 108 days in prison. After his release he continued to breach the injunction and has been fined €700 daily, exceeding €30,000. He was dismissed by the school following a disciplinary hearing, a decision now under appeal. Burke denies wrongdoing, claiming his suspension stems from his opposition to transgenderism and a school directive to use a different pronoun for a student.
Friends of the Irish Environment CLG (FIE) sought to have its legal aid application rejected by the Legal Aid Board referred to the Court of Justice of the European Union. The Court of Appeal declined to refer the case. FIE had argued that, under Article 47 of the EU Charter on Fundamental Rights, it was entitled to legal aid for certain proceedings, including a High Court challenge to the National Development Plan. The Legal Aid Board, funded by the State, had rejected the application on the basis that the 1995 Civil Legal Aid Act excludes corporate bodies. The High Court upheld the board's decision, and FIE appealed to the Court of Appeal. The Court of Appeal, with Justices David Barniville, Brian Murray and Seamus Noonan, dismissed FIE's claim that the 1995 Act made it eligible for aid.
Timmy O'Reilly, 48, of Kilkenny, was jailed after the Court of Appeal overturned his fully‑suspended 18‑month sentence for laundering over €120,000 while receiving social welfare. The appeal court, led by Ms Justice Úna Ní Raifeartaigh, found the original sentence unduly lenient and re‑sentenced him to 18 months with the final six months suspended. O'Reilly had pleaded guilty to eight counts of money‑laundering under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010, involving 32 offences linked to €125,000 in an Irish Life account and two credit‑union accounts over eight years. He also had a separate suspended sentence for assault causing harm. The State argued the amount laundered and the length of time involved warranted custodial punishment, while O'Reilly's counsel highlighted his lack of a broader criminal scheme and his role as a community member.
In March 2023 the Court of Appeal quashed the conviction of a 50‑year‑old man who had been sentenced to four years' imprisonment for sexually assaulting a six‑year‑old girl. The conviction had been secured in a Dublin Circuit Criminal Court in May 2021 after the man pleaded not guilty. The appeal was based on the fact that the girl, who was 11 at the time of the trial, had no memory of the alleged assault and could only offer flashbacks when her video interview was played. The Court held that this lack of memory prevented the man from exercising his right to cross‑examine the child, thereby rendering the trial unfair. Consequently the Court ordered the conviction to be quashed, citing a real risk of an unfair trial due to the child's impaired memory.
A 40‑year‑old man from Cork was sentenced to four years in prison in June 2021 for raping his younger sister when she was between five and nine and for sexually assaulting her again when she was 16 and he was 21. He denied both offences and had no prior convictions. In a Court of Appeal hearing on 20 March 2023, his counsel argued that the time elapsed between the offences should have been considered for mitigation, claiming the sexual‑assault sentence was disproportionate. The appeal was dismissed. The judges noted the victim's age, the breach of trust, and the fact that she had to fight off her brother during the assault. They said the sentence was proper and just, and that no part of it had been suspended. The appeal was rejected, leaving the original four‑year custodial term in place.
In a Court of Appeal hearing on 20 March 2023, the State successfully appealed the sentence imposed on William Lyons, a 49‑year‑old from Limerick, for his role in a "vigilante mob" attack on a woman in Caherconlish on 17 February 2021. Lyons and three others entered the victim's home with faces covered and weapons, threatening to kill her and causing damage to the property. He had pleaded guilty to burglary, making a threat to kill and violent disorder. The original sentencing court had imposed a headline sentence of five years, reduced to two‑and‑a‑half years after a discount of 18 months for the guilty plea and other mitigating factors, and suspended an additional year for rehabilitation. The Court of Appeal found this to be unduly lenient, noting the seriousness of the offence and the physical and psychological harm inflicted, and ordered a re‑sentencing hearing for 28 March 2023.
A woman from Sligo has succeeded in her Supreme Court appeal against a mortgage lender's attempt to restore repossession proceedings on her family home. Noreen Stafford challenged a High Court decision that had remitted her case back to the Circuit Court after previously being struck out. Ms Stafford had raised concerns about the validity of mortgage documentation used by Start Mortgages DAC and alleged the lender had wrongfully transferred security from an original parcel of land to her residence without proper authority. The Circuit Court had initially adjourned proceedings when the judge expressed dissatisfaction with the respondent's evidence, but no further affidavit was filed despite adjournments being granted. A three-judge Supreme Court panel agreed to hear the appeal as a matter of general public importance regarding the legal status of Circuit Court orders in such circumstances. Before the full hearing commenced, Start Mortgages conceded the appeal. Ms Stafford was awarded her costs.
The High Court has ruled that Enoch Burke must pay Wilson's Hospital school for legal costs incurred during two pre-trial motions in their ongoing dispute. Mr Justice Brian O'Moore awarded the school its costs for bringing contempt proceedings after Burke resumed attending the premises in early January, and for his unsuccessful application to stay the full High Court hearing pending a Court of Appeal decision. The judge described Burke's claim of proper conduct as "self-praise that beggars belief," noting his refusal to comply with court orders for six months. The €700 daily fine for contempt, currently exceeding €30,000, was crystallised rather than increased or reduced. From March 23, the school is authorised to enforce these fines through measures such as asset sequestration. The judge rejected Burke's arguments that compliance violated his religious beliefs, stating he could have obeyed the injunction without such conflict. Burke's accusations that the school's counsel engaged in grave misconduct were deemed "utterly without justification." The full hearing of the action is scheduled for later this month. Burke was previously jailed for 108 days for contempt of High Court orders granted last September, which restrain him from attending the school following his suspension from his teaching post. He claims wrongful suspension due to his objections to a direction regarding a student's name and pronouns, alleging breaches of his constitutional rights and religious beliefs. The Court of Appeal recently dismissed his appeal against these injunctions.
Former soldier Lisa Smith, aged 41, remains in custody after the Court of Appeal rejected her appeal against a 15‑month sentence for membership of the Islamic State. The Special Criminal Court had convicted her for joining ISIS between 28 October 2015 and 1 December 2019, after she travelled to Syria in 2015. The appeal court dismissed all grounds relating to the sentence, noting that the reduction from a headline 30‑month term to 15 months reflected consideration of mitigating factors such as her prior good character, army service, motherhood and vulnerability. Smith's lawyers plan to appeal the conviction itself. With ordinary remission and one month already served in 2019, Smith is due for release on 27 May. The case will be heard again on 24 March.
Chaotic scenes erupted at the Court of Appeal on 7 March when members of the Burke family were physically removed from the courtroom during the dismissal of Enoch Burke's application to overturn injunctions directing him to stay away from Wilson's Hospital School in County Westmeath. As Court President Mr Justice Birmingham prepared to deliver judgment, family members including Burke's sister Ammi and parents Sean and Martina loudly disrupted proceedings, voicing opposition to the court's findings. Following repeated warnings, gardaí removed the family from the courtroom after they refused to comply with directions to leave. One person was arrested. The three-judge court unanimously rejected Burke's appeal, finding the injunctions validly made and lawful. Mr Justice Birmingham stated the school had acted in accordance with the Gender Recognition Act when considering a student's wishes. The court also found the orders were not an attack on Burke's religious rights. Burke, a teacher suspended following incidents at the school, had spent 108 days incarcerated for contempt of court and currently faces a daily fine.
The Court of Appeal has reserved judgment in a miscarriage of justice application by Declan Tynan, who was cleared of violent disorder after spending 11 months in custody. Mr Tynan, who pleaded not guilty to alleged violent disorder at a Tallaght bookmakers in 2012, was initially found guilty by a jury and sentenced to four years' imprisonment with the final year suspended in January 2017. His subsequent appeal was dismissed, but his conviction was quashed in April 2018 after another man came forward claiming responsibility. Counsel for Mr Tynan argued there was a "substantial and fundamental failure of process" due to the non-disclosure of an email exchange between Gardaí that identified potential suspects, which they alleged skewed the trial. The State's counsel contended that the identification evidence remained valid and that no grave error in the administration of justice was proven. The court allowed a seven-day window to determine if the man who came forward will give evidence before delivering its decision.
The Workplace Relations Commission ruled that a van driver's coughing incident during the Covid‑19 pandemic was not alone sufficient for dismissal, but his subsequent defamatory Facebook post was. Piotr Prezbiela was accused of an act of physical assault when he allegedly coughed or spat in the face of a colleague on 8 October 2020 at Bedroom Elegance Sales Ltd. Prezbiela claimed he only coughed into his hand as a joke and did not cough into the colleague's face. The company's disciplinary and appeals officers accepted his account of the coughing. Prezbiela was also investigated for refusing to wear a mask and for a negative post on social media. He denied coughing at the colleague, later admitted pretending to cough as a joke, apologized, and said he understood the dangers. The investigation found gross misconduct, and the dismissal was upheld on appeal.
Lawyers for Declan Tynan, who spent 11 months in jail before his conviction was quashed, argued that Gardaí gave a false impression of a spontaneous identification of the accused at a Ladbrokes bookmakers attack in Tallaght on 13 December 2012. Tynan, 33, maintained his innocence and was convicted on the basis of a single visual identification by a Garda from CCTV footage. He was sentenced to four years' imprisonment, with the final year suspended. After an appeal was dismissed, a new witness came forward claiming to be the third attacker, leading to a Court of Appeal hearing in April 2018 that quashed the conviction under Section 2 of the Criminal Procedure Act. In the current appeal, counsel alleged that Gardaí circulated a bulletin and later sent an internal email that identified Tynan as a suspect, but this was not disclosed at trial. The appeal is set to continue tomorrow before a three‑judge panel. Declan Tynan pleaded not guilty.
The Court of Appeal has dismissed the appeal of Daniel O'Callaghan, a former All-Ireland winner, who was convicted at the Special Criminal Court for his role in a cross-border gang involved in ATM thefts. O'Callaghan, who pleaded not guilty to 16 offences including attempted theft and possession of stolen cash, was sentenced to ten years' imprisonment in March. His legal team argued that the identification of O'Callaghan by an NSU garda was flawed due to distance and time constraints. However, Mr Justice Birmingham, presiding, rejected this, stating the officer was a reliable witness with a clear view and that DNA evidence supported the identification. The court affirmed the Special Criminal Court's conviction, noting the strength of the evidence. O'Callaghan's co-accused, who pleaded guilty, were also sentenced. Stephen Duffy received four years for possessing stolen cash. Gerard Duffy and Ciaran Duffy were each jailed for seven years and nine months for attempted ATM theft and criminal organisation offences. Niall Finnegan was sentenced to four-and-a-half years, with the final 18 months suspended, for possessing proceeds from the thefts. The appeal was dismissed, upholding the original convictions and sentences.
An appeal against the High Court's dismissal of a test challenge to the 2021 personal injury guidelines has opened before the Supreme Court. The case involves Bridget Delaney of Dungarvan, who claims her 2019 ankle fracture was caused by negligence of Waterford City and Council and that the Personal Injuries Assessment Board (PIAB) delayed assessment until the new guidelines were introduced, breaching fair procedures. Delaney argues the guidelines, adopted by a Judicial Council vote in March 2021, unfairly reduce awards by up to 40% and violate her constitutional rights. She seeks to quash PIAB's assessment and the Council's decision, and to declare that PIAB breached her rights to natural and constitutional justice. The Supreme Court panel, comprising seven judges, has accepted the appeal, noting the exceptional public importance of the issues, and will consider the constitutional implications of judicial independence and the separation of powers. The hearing continues.
Enoch Burke arrived late to the High Court this morning where his dispute with Wilson's Hospital School in County Westmeath was mentioned before Mr Justice Brian O'Moore. The Co Mayo teacher's case was called at 10am, but he was absent. The judge adjourned briefly before proceeding at 10:08am without him. Mr Justice O'Moore directed the school to file a sworn statement detailing each occasion on which it alleges Mr Burke has breached a High Court injunction since the matter was last heard. The court also requested written submissions on costs concerning two motions related to Mr Burke's contempt findings following his release from prison and his unsuccessful appeal for a stay. Mr Burke arrived approximately fifteen minutes after the judge had risen. The injunction, granted in September, requires him to remain away from the school premises. Mr Burke denies breaching it and has appealed the orders. The full hearing is scheduled for later this year.
The Supreme Court has agreed to hear a case that questions whether people who occupy a property after a court order for possession can claim constitutional protection. The case involves about 20 residents who refused to leave two Dublin properties on Richmond Avenue, Fairview, and Little Mary Street for 15 years. They were found in contempt of court by the High Court in 2021, but the Court of Appeal set aside the orders in 2022 because the residents were not properly served with the legal documents. Pepper Finance, which had recovered the properties after the original mortgagor defaulted, appealed the Court of Appeal's decision. The Supreme Court panel will consider issues such as the method of service, the jurisdiction over unknown persons, and whether trespassers can invoke constitutional rights regarding the dwelling. The case also raises questions about the company's standing to appeal and the sale of the underlying loans.
Karl Dalton, 32, was one of three men who violently robbed a businessman of high‑value phones outside the victim's home in Lucan, Dublin, in February 2019. The robbery involved a stabbing attempt and a wheel‑brace strike, and the victim was shouted "kill him" at the scene. Dalton's fingerprints were found on the victim's car, linking him to the crime. He pleaded guilty to robbery and was sentenced by Judge Melanie Greally to six years' imprisonment, with the final 18 months suspended and a 12‑month probation order. The phones, worth €11,000–€12,000, were not covered by insurance. Dalton appealed the sentence, arguing for greater mitigation, but Judge George Birmingham dismissed the appeal, upholding the original six‑year term and noting Dalton's extensive criminal history and the seriousness of the robbery.
An unnamed 49-year-old father has failed in his appeal against a conviction for sexually assaulting his young daughter. The appellant, who pleaded not guilty to 15 counts of sexual assault alleged to have occurred in Co Leitrim between 2006 and 2012, was convicted by a jury on a single count of forcing the girl to touch his penis. He was sentenced to four years and 10 months by Judge Francis Comerford at Carrick-on-Shannon Circuit Criminal Court in September 2021. The jury could not reach a verdict on the other 14 charges. In his appeal, the appellant argued that the conviction was unsafe due to inconsistencies in the victim's evidence regarding her age and the timeline of the abuse, as well as an inadequate judicial warning on the lack of corroborative evidence. The three-judge court, led by Ms Justice Úna Ní Raifeartaigh, dismissed the appeal. The court found that while inconsistencies existed, they were not exceptional enough to prevent the matter from going to the jury, noting that the jury's inability to agree on the other 14 counts demonstrated they were aware of contradictory evidence. The court also rejected the argument regarding the corroboration warning, stating it was unusually strong and had not been objected to at trial. The conviction and sentence stand.
In a 2023 Court of Appeal decision, a 24‑year‑old teacher, Norma Kiely, had her four‑year driving ban for a head‑on collision in Limerick in 2018 reduced to two years. Kiely, a qualified secondary school teacher from Coolaboy, Dromcollogher, had originally been charged with dangerous driving causing serious harm but pleaded guilty to careless driving causing serious harm. She received a one‑year suspended sentence, a €5,000 fine, and a four‑year ban in October 2021. The Court of Appeal found that a mandatory ban was not required for first‑time offenders and that the sentencing judge had erred. The appeal did not alter the suspended sentence or fine; only the ban was halved to two years, with the judge noting the offence's significant lack of attentiveness and the grave consequences for the victim.
In February 2023 the Court of Appeal upheld a seven‑year jail term for a Louth resident convicted of raping a 21‑year‑old woman at a May 2017 house party. The defendant had pleaded not guilty, was found guilty by a jury, and received an eight‑year sentence with the final year suspended. He appealed, arguing the headline nine‑year sentence was too high and that mitigating factors had not been adequately considered. The appeal was dismissed. The court noted that the defendant's strategy at trial—refusing to admit guilt—forced the victim to give evidence in the witness box, causing her significant trauma. The judge confirmed the headline sentence was within the appropriate range and that no error in principle had occurred. The case remains at the appellate level with the original seven‑year term in force.
The Court of Appeal dismissed the appeal of a 38‑year‑old man who had been sentenced to eight years' imprisonment, with two years suspended, for repeatedly defiling and sexually assaulting a girl who was 13 when the first offence occurred. The man had pleaded guilty to defilement of a child under 15, defilement of a child under 17 and a single count of sexual assault. He claimed he believed the girl was 16 and that he had ceased the relationship when he discovered her true age, but he returned and continued the abuse for over three years, during which the girl gave birth to their daughter at age 15. The appeal argued the sentence was excessive, citing the man's early age and the fact that he had pleaded guilty, but the court upheld the judge's decision, noting the protracted nature of the abuse, the man's violent and manipulative conduct, and the lack of mitigation from the families.
The Court of Appeal has increased jail sentences for two women convicted in Ireland's first human trafficking case involving alleged voodoo ceremonies. Alicia Edosa and Edith Enoghaghase, originally sentenced in September 2021 following a June 2021 trial at Mullingar Circuit Criminal Court, were found guilty of trafficking women between 2016 and 2018. Evidence indicated victims underwent ceremonies in Nigeria before being coerced into prostitution across multiple locations including Castlebar, Letterkenny and Cavan. Mr Justice George Birmingham rejected their conviction appeals and found original sentences substantially inadequate. Edosa, formerly of Mullingar, has been re-sentenced to seven-and-a-half years imprisonment. Enoghaghase, also formerly of Mullingar, received seven years and one month. The judge noted the sentencing judge faced unprecedented circumstances with no comparative guidelines for this offence type. Alicia Edosa pleaded not guilty. Edith Enoghaghase pleaded not guilty.
Luke Byrne, a 25-year-old plumber with no previous convictions, was sentenced at Dublin Circuit Criminal Court after pleading guilty to possession of cocaine for sale or supply, where the drugs had a market value of €13,000 or more, and possession of the proceeds of crime. Judge Martin Nolan imposed a prison term of 27 months for each offence, to run concurrently. The judge departed from the mandatory ten-year sentence, citing Byrne's guilty plea, cooperation with gardai, admissions, and lack of prior convictions. Byrne admitted to holding cocaine and cash to settle a drug debt. While the judge accepted the debt narrative, he noted the case was not exceptional enough for a non-custodial sentence. The sentences are subject to review by higher courts. The report notes that the matter was adjourned for sentencing, which was subsequently carried out, but the finalisation status remains subject to appeal review.
In February 2023, a Waterford man, Chris Kelly, aged 32, was caught by the Garda Armed Response Unit with a handgun while wearing disposable gloves. He had pleaded guilty to possession of a firearm on 20 May 2020, the same date and location as his co‑accused Kealan Madden. Kelly had one prior conviction for cannabis possession, whereas Madden had 13 prior convictions. The original sentence in December 2021 was six years' imprisonment with the last year suspended. Kelly appealed, arguing that his single prior conviction gave him a "justified grievance" and that he should not be treated more severely than Madden. The Court of Appeal quashed the original sentence and re‑sentenced Kelly to five years' imprisonment with one year suspended, matching Madden's sentence. The decision was based on the lack of a substantial basis for distinguishing the two men, despite Kelly's Crohn's disease and other personal circumstances.
In February 2023 the Court of Appeal quashed a suspended three‑year sentence for Mark Kearney, 44, who had chained a man to the steering wheel of an abandoned car over an alleged drug debt. The original sentence, imposed in April 2022, was deemed too lenient. Kearney had pleaded guilty to false imprisonment after taking the victim from Ballymun to his Cedarhurst home, where he tied the man's right wrist to the steering wheel with a chain and padlock, removed his shoes and socks, and left him in the cold. The victim described the ordeal as psychological torture, including racial abuse. The Court of Appeal, citing the severity of the restraint, imposed a new sentence of two‑and‑a‑half years' imprisonment, with the last two years and six months suspended on conditions of good behaviour and rehabilitation. The decision was based on the State's appeal that the original suspended sentence was unduly lenient.
In a Court of Appeal hearing, two men, Curtis Devlin (28) and Patrick Gray (39), had their six‑year prison sentences upheld for blackmail and demanding with menace. The men entered a couple's home in Wexford in October 2020, claiming a drug debt owed by the couple's daughter. They demanded money and threatened to kill the wife and husband. After leaving, they called the couple from a getaway car, demanding €10,000 by 9 pm and issuing further threats. The appeal court found no difference in culpability between the men, ruling the case a joint enterprise. The court upheld the original sentences, noting the pre‑meditated targeting of innocent family members to pressure payment. The victim impact statement described the family's life as changed, with them feeling trapped and obsessed with safety in their own home. Curtis Devlin pleaded guilty. Patrick Gray pleaded guilty.
Enoch Burke brought an appeal to the Court of Appeal challenging orders directing him to remain away from Wilson's Hospital School in County Westmeath. Mr Burke contends that the school's direction to refer to a student by an alternative name and pronoun constitutes an unlawful demand to participate in transgenderism, in breach of his Constitutional rights to freedom of religious expression. The school maintains that the orders were properly granted following Mr Burke's conduct at a religious service and subsequent school function. The court heard submissions from Mr Burke, representing himself, and counsel for the school, before reserving its decision. The appeal was limited to challenges against temporary injunctions granted by two High Court judges. The court indicated it would endeavour to deliver its decision promptly on this significant matter. The full case between the parties remains pending before the High Court, with a hearing expected later in the year.
In a Court of Appeal hearing on 15 February 2023, Mr Justice John Edwards upheld the constitutionality of the Children Act 2001, rejecting a challenge that the legislation was defective. The case concerned a 17‑year‑old boy, who was 13 when he raped his seven‑year‑old cousin, and who had been found guilty of rape and four counts of sexual assault. Mr Justice Edwards noted that the Act provides no mechanism for deferring or suspending a custodial sentence for a minor, and that the trial judge, Ms Justice Karen O'Connor, had no alternative but to impose immediate detention. Mr Justice Edwards said the law must be applied as it stands, and that any amendment would be the responsibility of the Oireachtas. The appeal will be heard by a non‑jury, three‑judge court on 27 February, as the defendant turns 18 next month. The boy's sentence appeal remains pending. The judge denied bail for the defendant. The unnamed 17-year-old pleaded not guilty.