The Court of Appeal has upheld the 10-year sentence imposed on Thomas Patton (53) for 24 counts of indecent assault of his cousin at an address in Co Donegal between April 1, 1984, and January 1, 1990. Patton had pleaded not guilty at Dublin Circuit Criminal Court but was found guilty on all counts by a jury in July 2019. He was sentenced to 10 years by Judge Melanie Greally. The appeal against the sentence was dismissed by the Court of Appeal, with Mr Justice George Birmingham stating that the offending was of 'exceptional seriousness' and that consecutive sentences were 'entirely appropriate'. Hugh Hartnett SC, for Patton, argued that the custodial term was 'excessive and disproportionate' and that the sentencing judge failed to consider aspects of rehabilitation. Mr Cooney, for the Director of Public Prosecutions, stated that a higher sentence would still have been within the judge's discretion given the seriousness of the offending. The matter was adjourned at an earlier hearing, but no finalisation was reached in this stage of the appeal.
The Court of Appeal has dismissed an appeal by a woman from the Democratic Republic of Congo, upholding a decision that her application for international protection must be considered by Belgian authorities. The defendant, who arrived in Ireland from Brussels after holding a Belgian visa, challenged a transfer order under the EU's Dublin Regulations. She alleged that returning to Belgium would expose her to inhuman and degrading treatment due to systemic failures in its asylum procedures and reception conditions. The woman pleaded that she should be allowed to remain in Ireland on humanitarian grounds, citing relationships formed during her three-year stay and risks associated with the pandemic. However, the Minister for Justice refused to halt the transfer, determining that no exceptional circumstances existed to override the Dublin framework and that the move would not breach her rights under the European Convention on Human Rights. In prior High Court judicial review proceedings, Mr Justice Cian Ferriter dismissed her action, finding the Minister had properly considered her application. The Court of Appeal, comprising Mr Justice John Edwards, Ms Justice Mary Faherty, and Mr Justice Maurice Collins, upheld this decision. Mr Justice Collins noted the case raised difficult arguments regarding EU regulations but concluded the Minister was entitled to hold that the proposed transfer did not violate the woman's rights. The appeal was dismissed, confirming that the Belgian authorities retain responsibility for her asylum claim.
In a Court of Appeal decision on 27 January 2022, the State's application to jail a man for assaulting his four‑month‑old daughter was rejected. The man had previously received a six‑month prison sentence for assaulting his partner in a separate incident. Judge Martin Nolan, in the original sentencing, had said he was "taking into consideration" the attack on the child when imposing the sentence at the Dublin Circuit Criminal Court in March. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The first assault occurred on 18 September 2019 when the man repeatedly punched his partner while she held their daughter, pushing the child against a wall; the baby vomited and was still vomiting when Gardaí arrived. The unnamed man pleaded guilty.
The Court of Appeal has dismissed the appeal by Darren King, a father-of-five from Ballyfermot, Dublin, who challenged the severity of his seven-year prison sentence. King had previously pleaded guilty to possessing cannabis and cocaine for sale or supply at locations on Ballyfermot Road, Cole Park Road, and his home on April 23, 2019. The original sentence, handed down by Judge Pauline Codd at Dublin Circuit Criminal Court, was reduced from a headline term of 12 years. King's counsel, Seamus Clarke SC, argued that King was not a typical courier and cited mitigating factors, including a back injury and a co-accused who received a wholly suspended sentence. However, the Director of Public Prosecutions' counsel, Eoghan Cole BL, maintained that the sentence contained a significant deterrent element and was well within bounds. The appellate panel, presided over by Mr Justice John Edwards with Mr Justice George Birmingham and Mr Justice Patrick McCarthy, agreed with the sentencing judge's assessment that King was actively storing and distributing drugs. The court stated it was "unimpressed" by King's arguments, noting he made a "commercial decision" to store €700,000 worth of drugs to pay off debts. The appeal was rejected, and the seven-year sentence stands.
In January 2022, the Court of Appeal dismissed the appeal of John Giltrap, 61, who had been convicted of 20 counts of rape against Caroline Kavanagh, a girl aged between 10 and 15, during 1978‑1982 in Bunclody. Giltrap had originally pleaded not guilty to 22 counts but was found guilty on 20 by a jury at the Central Criminal Court in Kilkenny in December 2020 and sentenced to 11 years' imprisonment on each count, with the terms running concurrently. He argued the verdict was "perverse" and "contrary to the weight of evidence." The appellate judges, led by Mr Justice John Edwards, rejected the appeal, stating there was no evidence of jury speculation. Ms Kavanagh, present in the gallery, expressed relief at the decision, noting that Giltrap's lawyers were considering a further appeal of the sentence length.
The Supreme Court has agreed to hear an appeal by Green Party TD Patrick Costello challenging the constitutionality of the EU‑Canada CETA trade deal. Costello's challenge was dismissed by the High Court, where Justice Nuala Butler found no clear constitutional breach. He sought a direct appeal to the Supreme Court, which the Court accepted, citing the significant issues of state sovereignty and the administration of justice. The Court will hear the case as a priority hearing and noted that the case could have legal impacts across several sectors. Costello also argued that the case should be referred to the EU Court of Justice, a contention the State parties rejected. The Supreme Court will decide the case directly, with the costs issue to be addressed at the conclusion of the appeal. The summary is 119 words.
Paul Nolan, 57, was sentenced to four years' imprisonment with two years suspended for two counts of possession of child pornography involving bestiality images. The offence was committed between January and September 2013. Nolan appealed, arguing the judge had not considered the time elapsed between the offence and sentencing and the relatively small number of images. The Court of Appeal reduced the sentence to two years' imprisonment, with the final 12 months suspended for three years, and imposed a three‑year probation period. Nolan had no prior convictions and had pleaded guilty at the first opportunity. He was also deemed a candidate for the Safer Lives rehabilitation programme. The appeal was heard by Justice Patrick McCarthy, Justice Isobel Kennedy and Justice Úna Ní Raifeartaigh. The case was originally heard in Wicklow Circuit Criminal Court.
In a Court of Appeal decision on 25 January 2022, the court rejected the State's request to jail a 22‑year‑old man who had sexually assaulted a 14‑year‑old girl after befriending her on Snapchat. The man had pleaded guilty to the assault, to asking the girl to touch him, and to contacting a child for sexual exploitation, all offences under Irish law. In February 2021 he received a two‑year suspended sentence from Judge Seán Ó Donnabháin at Cork Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, but the three‑judge panel, led by Mr Justice John Edwards, decided not to interfere with the original sentence. The court noted the man had fled to England after the incident, returned to Ireland in July 2020, and had spent a month in custody following his arrest. No further action was taken in this appeal.
In a Court of Appeal hearing on 25 January 2022, the lawyers for Richard O'Mara, aged 33, argued that the 12‑year custodial sentence handed down by Ms Justice Tara Burns for two counts of rape was "very severe". O'Mara had been convicted in April 2019 by a jury at the Central Criminal Court for raping a teenage schoolgirl twice at an 18th birthday party in County Clare. The first assault occurred in a field near the party venue, the second inside the house after guests had left. O'Mara's appeal focuses on the lack of violence or force in the field rape and the absence of mitigating factors, citing his prior good character and lack of previous convictions. The Director of Public Prosecutions maintained that the sentence was appropriate, noting the victim's injuries, the pre‑meditated nature of the first rape, and the violence and humiliation inflicted during both assaults. Richard O'Mara pleaded not guilty.
Albert Redmond, 45, was sentenced to 12‑and‑a‑half years' imprisonment with four‑and‑a‑half years suspended for a spree of burglaries, criminal damage, credit‑card fraud and theft between October 2019 and March 2020. He appealed, arguing the judge had mis‑classified the severity of his offences and had not given enough weight to his personal circumstances. The Court of Appeal quashed the original sentence but upheld the appeal, ruling that Redmond must still serve eight years in prison. In a written judgment, Mr Justice John Edwards explained that the original sentence was structured with a mixture of consecutive and concurrent terms totalling nine years, with the final year suspended for 12 months. The judge noted Redmond's "appalling track record" and the risk of re‑offending, and acknowledged his expressed intention to move away from crime. The decision left Redmond's custodial term unchanged at eight years, with the suspended portion remaining in place. Albert Redmond pleaded guilty.
Karl Hughes, a 28‑year‑old prospective art student, was sentenced to four years' imprisonment in May 2022 for harassing the Kennedy family in Rathfarnham over an €8,500 drug debt owed by their son. CCTV footage showed Hughes repeatedly banging on the family's front door, shouting threats and kicking the door, and he threatened to kill the son unless the debt was paid. The harassment began after the family had paid €15,000 to a man following a threat from the son. Hughes pleaded guilty to harassment at the Dublin Circuit Criminal Court. On appeal, Court President Mr Justice George Birmingham, with Mr Justice John Edwards and Ms Justice Una Ní Raifeartaigh, suspended the final year of the sentence, citing Hughes' mental health issues, his treatment, and an offer of employment and a place at the National College of Art and Design. The decision was made to encourage rehabilitation. Karl Hughes was convicted.
A 72‑year‑old grandfather from the south of Ireland pleaded guilty to sexually assaulting his daughter and two granddaughters. He had appealed the 13‑year sentence imposed in 2016, arguing that the judge had not given enough credit for his lack of prior convictions, good work record and early guilty plea. The Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal. He noted that the offences began in 1985 with the daughter and continued until a granddaughter reported the abuse to a teacher in 2014. The judge had found the offences to be of great seriousness, each falling into the most serious category of sexual offences. The Court confirmed that the 13‑year sentence was appropriate and that the judge had made no error in principle. The case was brought to light when police were called to a family home fracas in 2014, after which the grandfather admitted the abuse.
During a remote hearing at the Court of Appeal, a barrister's dog barked repeatedly, causing a temporary pause. The case involved the lawyer appealing both the conviction and prison term of his client. While the barrister was explaining to the three judges why he believed the trial judge had erred in refusing the client's change of plea from guilty to not guilty, the barking was heard over the video link. The lawyer paused, resumed, and was stopped again when the dog barked again. The presiding judge intervened, adjourned the hearing for five minutes, and allowed the barrister to quiet the dog. After the break, the hearing continued without further incident. The court ultimately dismissed the appeal against conviction but suspended part of the appellant's sentence.
The Court of Appeal heard arguments regarding the admissibility of evidence in the case of Richard Dekker, who was convicted in 2017 of murdering Daniel McAnaspie. Dekker, a prisoner at Mountjoy Prison, is appealing his life sentence, arguing that his right to reasonable access to a solicitor was breached during questioning at Cabra Garda Station. His counsel, Sean Gillane SC, contended that Dekker was not properly cautioned and was pressured to answer questions without legal advice, rendering subsequent statements inadmissible. The prosecution, represented by Brendan Grehan SC, countered that Dekker was cautioned twice and understood his rights, noting he had previously been advised by his solicitor not to speak if inference provisions were invoked. The court heard that Dekker had initially been acquitted in 2013 due to a lack of evidence, but the Supreme Court later permitted a retrial under the Criminal Justice Procedure Act 2010. Co-accused Trevor Noone admitted manslaughter and blamed Dekker for the murder. Dekker also received a two-year and six-month sentence in 2010 for unlawful possession of a firearm with intent to endanger life. The matter remains under appeal consideration.
In 2020, Karl Hughes, aged 28, was convicted of harassing the Kennedy family in Rathfarnham over an €8,500 drug debt. He pleaded guilty and was sentenced to four years' imprisonment by Judge Martin Nolan. Hughes' defence argued the sentence was excessive, citing his depression and alcohol abuse at the time of the offence and his subsequent medical treatment. The Court of Appeal was informed that Hughes had been offered a place to study at the National College of Art and Design and an employment offer. CCTV footage showed Hughes repeatedly banging on the family's door, shouting threats, and kicking the door, actions described by the Director of Public Prosecutions as "planned, prolonged and effective" to cause maximum fear. The sentencing judge described the behaviour as "very serious misbehaviour" and noted the victims were so terrified they considered selling their 24‑year‑old home.
In January 2022, the Court of Appeal reduced the sentence of Eddie O'Loughlin, a 38‑year‑old former resident of Finbar's Terrace, Bohermore, who had been convicted of aggravated burglary and a violent assault on Jonathan King in June 2016. O'Loughlin entered the family home at 8 am armed with a large kitchen knife and repeatedly stabbed King in front of the victim's daughters, aged four, 11 and 17. He also threatened the mother, Adrienne Keary, by placing his finger on his lips. O'Loughlin was arrested hours later, his clothing stained with King's blood. He had originally pleaded not guilty, later changed to guilty after evidence from Keary, and was sentenced to 10 ½ years in January 2020. On appeal, the Court found no error in the conviction but suspended the final 18 months of the term for three years, subject to a bond with probation services. The appeal was heard by Justices Kennedy, Edwards and McCarthy.
In February 2017, Gavin Sheehan, aged 35, was convicted at Cork Circuit Criminal Court of possession of a firearm and ammunition, unlawful discharge of a firearm, assault causing serious harm, and two counts of criminal damage. The jury found him guilty after a seven‑day trial. Judge Sean O'Donnabhain imposed a headline sentence of 14 years, suspending three years, and noted the victim, 21‑year‑old Ciara Sheehan, survived after life‑saving surgery. Sheehan had previously denied all charges and appealed. On 18 January 2022, the Court of Appeal, presided over by Mr Justice George Birmingham, considered whether the suspended portion could be reassessed if Sheehan failed to make suitable progress in rehabilitation. Defence counsel Patrick McGrath SC requested a brief adjournment, after which Sheehan withdrew his appeal. The court granted the withdrawal, noting Sheehan's 72 prior convictions and the legal advice he had received. The case remains at the point of the suspended sentence, with no further appeal pending.
The Court of Appeal heard arguments regarding the anonymity order for YZ, who was sentenced to 30 years' imprisonment for kidnapping and torturing Kevin Lunney. YZ pleaded not guilty to false imprisonment and intentionally causing serious harm. Co-accused Alan O'Brien (40) and Darren Redmond (27) were jailed for 25 and 15 years respectively. The State, represented by Sean Guerin SC, argued that the ban on naming YZ should be lifted sooner rather than later, stating there was no reason for it to remain given that his other circuit court proceedings are not expected to begin until July or later this year. The DPP opposed the extension of the anonymity order, which had been extended to January 18 by the High Court. Mr Justice George Birmingham agreed to hear the case again next Friday after requesting further submissions from both sides. The matter was adjourned.
In 2014, a Central Criminal Court jury found Andrzej Benko, 50, guilty of attempting to murder his wife Joanna Benko by striking her with a lump hammer while she slept. He was sentenced to 15 years' imprisonment by Mr Justice Patrick McCarthy. Benko appealed, arguing that his cooperation with Gardaí after arrest warranted a shorter term. The Court of Appeal, in a written judgment delivered on 13 January 2022, rejected the appeal, affirming the 15‑year sentence. Justice Úna Ní Raifeartaigh, sitting with Mr Justice George Birmingham and Ms Justice Isobel Kennedy, noted the case's "alarming features" and the severe, lifelong injuries inflicted on Mrs Benko, who now requires full‑time care and cannot care for her son. The court also recorded that Benko had admitted striking his wife's head at least three times and that he had intended to kill her that morning. The appeal was dismissed, leaving the original sentence intact. Andrzej Benko pleaded not guilty.
In a Dublin Circuit Criminal Court trial, a father was found guilty of sexually assaulting his nine‑year‑old daughter between January and April 2017, and was sentenced to three years and four months' imprisonment. He has not accepted the verdict and has appealed, arguing that the prosecution's evidence indicated he was asleep when the alleged conduct occurred and that a conversation with his daughter took place the following morning. His lawyers claim that Judge Elma Sheahan failed to direct the jury to consider this evidence, which would have led to a not‑guilty verdict. The Court of Appeal has reserved judgment. The victim, now 13, testified that her father should have protected her and that the assault took away part of her childhood. Judge Sheahan noted the father's regret but said he would not accept a suspended sentence unless he enrolled in a rehabilitation programme, which he declined to do. The unnamed man pleaded not guilty.
Stephen Duffy, 28, pleaded guilty to assault causing serious harm to Darren Darley, 50, after a one‑punch attack on 29 August 2016. Judge Melanie Greally had imposed a wholly suspended four‑year sentence in July, citing Darley's survival and the lack of intent. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and should include custodial time. In the appeal hearing, Darley's text messages to Duffy, expressing forgiveness and a desire for closure, were read. The court reserved judgment a second time, noting the victim's charitable stance but stating it was not a decisive factor. The appeal remains pending, with the court to decide whether to re‑sentence Duffy. The case highlights the appellate process and the role of victim statements in sentencing decisions.
A long-running dispute between EBS and Betty Martin Financial Services Ltd over the termination of an agency agreement to operate branches in Athlone, Longford and Lucan has been resolved through settlement. BMFS had alleged that EBS unlawfully ended the agreement in 2017 after the company refused to engage in the alleged mis-selling of financial products. EBS denied these allegations and asserted its entitlement to terminate the arrangement. BMFS successfully obtained an injunction from the High Court in 2019, which was upheld on appeal. The matter had been listed for hearing before the Commercial Court. On Tuesday, counsel for BMFS informed the court that settlement discussions had concluded, and both parties agreed the action should be struck out and the injunction vacated. Mr Justice Denis McDonald welcomed the resolution. The hearing would have lasted several weeks. The company, founded by the late Betty Martin of Co Roscommon, is now operated by her children.
In a Court of Appeal hearing, the Director of Public Prosecutions argued that Stephen Duffy, 28, should have received custodial time for a single‑punch assault that left Darren Darley, 50, in a coma and with a potentially fatal brain bleed. Duffy had pleaded guilty to assault causing serious harm after a brief verbal exchange on Belgard Road, Tallaght, on 29 August 2016. Judge Melanie Greally had imposed a wholly suspended four‑year sentence, citing Duffy's return to the scene and subsequent flight as mitigating factors. The DPP appealed, stating the sentence was unduly lenient and that the victim's long‑term injuries, including memory deficits and business closure, warranted a custodial term. The court noted CCTV footage of Duffy striking Darley and that Darley had received life‑saving surgery. The judgment was reserved.
Robert O'Leary, a 43‑year‑old used‑car salesman from Finglas, had his 2020 conviction for IRA membership quashed on 11 January 2022 after it was revealed that the chief prosecution witness, Nik Kasapi, was a convicted drug dealer whose criminal record had not been disclosed to O'Leary's defence. The Court of Appeal, presided over by Mr Justice George Birmingham, noted that the Director of Public Prosecutions had not opposed the application to quash the conviction and that the circumstances were unusual enough to warrant investigation. O'Leary, who had been in jail since October 2020, was convicted by a Special Criminal Court of membership in the Irish Republican Army (Óglaigh na hÉireann) on 20 August 2019 and sentenced to three years' imprisonment. The court will later decide whether he should face a retrial on the original charge. Robert O'Leary pleaded not guilty.
In a 2016 murder trial, James Lammon, aged 48, was found guilty by a unanimous jury of the brutal, pre‑meditated killing of Jason Doogue in Athy, Co. Kildare, and sentenced to life imprisonment. Lammon appealed, arguing that his counsel failed to challenge a disputed Garda Daniel O'Shea memo that he had allegedly recorded a conversation in an exercise yard after his arrest. The memo, which Lammon denied ever occurred, was admitted in edited form. The Court of Appeal, presided over by Justice George Birmingham, rejected the appeal, concluding that Lammon had been informed of the prosecution's proposal regarding the memo, had understood it, and had instructed his legal team to accept it. The court found no evidence that his counsel acted contrary to his instructions and dismissed the appeal, leaving the life sentence in place.
The Court of Appeal refused to allow the Director of Public Prosecutions to retry two men who had been found not guilty of IRA membership. The appeal court said the Special Criminal Court judges had wrongly excluded belief evidence from a senior Garda who had told the trial that he believed the men were IRA members. Justice George Birmingham noted that even if the evidence had been admitted, it would have carried little weight and the men would still have been acquitted. He criticised the trial judges for rejecting the evidence on the basis of unfairness and for not allowing the defence to cross‑examine the Garda. The appeal court concluded that it was not in the interests of justice to require a retrial on the same charges. The decision was made on 21 December 2021.
In 2021 the Court of Appeal upheld a suspended sentence for Robert Traynor, a 54‑year‑old former bank IT worker, who pleaded guilty to possessing 1,938 images and 183 videos of child pornography and to producing 1,650 computer‑generated images. The original March 2021 judgment by Judge Pauline Codd imposed a two‑and‑a‑half‑year wholly suspended sentence, with no custodial period. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, but the three‑judge panel, led by Justice Isobel Kennedy, dismissed the appeal. The court noted Traynor's early guilty plea, lack of prior convictions, expressions of regret and participation in counselling as mitigating factors. It concluded that continuing his rehabilitation in the community was in society's interest, and that the suspended sentence fell within the judge's margin of appreciation. The appeal hearing included arguments from both sides, but no change to the sentence was made. The case remains a non‑custodial outcome.
In a Munster child‑sexual‑abuse case, Mr Justice Paul McDermott rejected defence attempts to set aside guilty verdicts following a juror's letter. Five family members—three men and two women aged 27 to 57—were found guilty of 77 of 78 counts, including sexual abuse of three children between 2014 and 2016. The parents were also convicted of wilfully neglecting five children and the father of mistreating three with medication. All defendants denied the charges. The judge ruled that, as trial judge, he had no jurisdiction to overturn a jury verdict once delivered and that the juror's letter contained no evidence of impropriety. He advised the case could be taken to the Court of Appeal and adjourned a sentence hearing for January 10, to be held over two days. The hearing will consider the 27‑year‑old uncle's eight guilty verdicts, the 49‑year‑old uncle's ten, and the father's convictions. The unnamed 27-year-old was acquitted.
Dean Flynn, 25, a repeat offender with 55 convictions, had pleaded guilty to assaulting Garda Stephen Noonan and Garda Mark O'Dwyer after breaching a court order that barred him from his mother's house. The original sentence, imposed by Judge Eugene O'Kelly, was five years for the assault on Noonan and five months for the assault on O'Dwyer, both to run concurrently. Flynn's lawyers appealed, arguing the headline sentence was too high and the one‑year discount insufficient. The Court of Appeal quashed the original sentence and imposed a new term of three years and three months. Mr Justice Patrick McCarthy, sitting with Judges George Birmingham and Aileen Donnelly, re‑sentenced Flynn to four years imprisonment with nine months suspended, citing the early guilty plea and Flynn's suitability for rehabilitation. Flynn, after being asked to enter a good‑behaviour bond, wished the judges a 'Happy Christmas' before being led away.
Brandon Power, aged 23, avoided a custodial sentence for the second time after the Court of Appeal quashed his original one‑year suspended sentence for biting a Garda's finger, which broke the bone. The appellate court, deeming the original non‑custodial term unduly lenient, ordered a re‑sentencing that would give Power a chance to engage with probation services. Court President Mr Justice George Birmingham announced that Power would now receive a three‑year imprisonment term, suspended in full for two years, and warned that failure to cooperate with probation could lead to a jail sentence. The judge described the offence as a "vicious assault" against a Garda performing duties and noted that positive background reports from the Probation Service indicated Power was making a genuine effort to change. Power had previously pleaded guilty to assaulting Garda Trevor Devereux in March 2018 and was sentenced in April 2019.
In a 10‑week Munster child sexual abuse trial, five members of an extended family were found guilty on all but one of 78 counts. The defendants, aged 27 to 57, were convicted of sexually abusing three children between 2014 and 2016, and of neglect and mistreatment of other children. The children, aged one to nine at the time of the offences, were taken into care in 2016. All defendants denied the charges. Defence counsel argued that a juror's letter to the judge may have tainted the verdicts, seeking to have them set aside. The judge, Mr Justice Paul McDermott, noted that verdicts are final and that any review would fall to the Court of Appeal. The defendants are scheduled for a sentence hearing in January, and the hearing was attended via video link. The unnamed 27-year-old was acquitted.
In the Court of Appeal on 17 December 2021, Caroline Kavanagh, aged 52, sat in the rear of the court to witness her former attacker, John Giltrap, 61, weeping as he pleaded for his conviction to be quashed. Giltrap had been found guilty on 20 of 22 counts of raping Kavanagh, aged between 10 and 15 at the time, between December 1978 and March 1982, and was sentenced to 11 years' imprisonment on each count with the terms running concurrently. He appealed on the grounds that the jury's verdict was "perverse" and "contrary to the weight of evidence". Kavanagh, who had waived her right to anonymity, testified that the rapes occurred "nearly everyday and sometimes twice a day" in a house and later in a caravan that was moved to a public area known as "the Green". John Giltrap pleaded not guilty.
The Court of Appeal was told that there is "vast uncertainty" about whether the dried extract from certain cacti that contain mescaline is a controlled substance under the Misuse of Drugs Act 1977. Alexander Rojas Rey, 44, was charged with possession of mescaline for sale or supply and possession of the same drug at his home. He pleaded not guilty but was found guilty and received a community service order of 100 hours in lieu of 12 months' imprisonment. Rey appeals on the basis that Judge James McCourt erred by refusing to determine whether the substance was a controlled drug and by allowing the jury to decide a question of law. Defence counsel Peter O'Flynn argued the powder was merely dried plant material and not covered by the Act, while the Director of Public Prosecutions maintained that the powder contained mescaline, a scheduled substance. The judgment is reserved.
Moira Gleeson, 62, of Donabate, pleaded guilty at Dublin Circuit Criminal Court to three counts of theft and three of forgery, with offences alleged to have occurred between April 2010 and March 2015. The charges relate to the theft of approximately €47,000 from the businesses of John McQuaid, a former Olympic cyclist. Gleeson admitted to forging McQuaid's signature on cheques and cashing them, attributing the payments to invoices already settled in cash. Judge Pauline Codd sentenced Gleeson to two years' imprisonment, suspending the final 15 months on the basis that she is a first-time offender with a low risk of reoffending. She was ordered to engage with the Probation Service for 15 months post-release. The judge noted that while Gleeson expressed remorse, her failure to make any repayments rendered her apology hollow. McQuaid described the betrayal as a "kick in the face," stating the thefts caused significant financial stress and mental suffering. Although the source text mentions an appeal as the validated procedural stage, the report details the sentencing hearing where the guilty plea and sentence were imposed. No other defendants were named in the finalisation details provided.
Nikkita Brogan, 24, of Letterkenny, Co Donegal, was sentenced at Dublin Circuit Criminal Court for her role in a violent taxi hijacking. The validated procedural stage for this report is an appeal, as the case was previously sent to the Court of Appeal by the Director of Public Prosecutions to clarify a procedural matter regarding the service of books of evidence. Brogan pleaded guilty to the unlawful seizure of a vehicle at Rutland Grove, Crumlin, on May 6, 2019. She admitted to unbuckling the taxi driver's seatbelt and assisting in reattaching the gearstick knob while two men assaulted the driver. Judge Melanie Greally handed down a 32-month sentence, suspending the final 12 months on conditions. Brogan has been in custody since January. The court noted her remorse and rehabilitation efforts. The two male accomplices, Peter and Jason Collins, were sentenced in December 2019 for robbery, assault causing harm, and unlawful seizure of a car. Peter Collins received four and a half years' imprisonment, while Jason Collins received three and a half years, with the final 12 months suspended. Brogan has 76 previous convictions, mainly for shoplifting, and was on bail for theft offences at the time of the incident.
Kenneth Williams, a 38-year-old appellant from Finglas, Dublin, was found guilty by a jury of 20 offences, including dangerous driving, endangerment, and criminal damage, arising from a high-speed Garda pursuit in March last year. The court heard that Williams, who has 130 previous convictions, was on bail and already disqualified from driving at the time of the incident. Prosecution evidence detailed that he drove at 120km/h in a 60km zone, drove on the wrong side of the road, and rammed Garda patrol cars. Despite the title referencing a six-year term, Judge Pauline Codd handed down a seven-year sentence, suspending the final year on conditions. She also disqualified Williams from driving for 20 years. The judge praised the courage of the Gardaí involved in apprehending him. Defence counsel cited mental health issues and PTSD as mitigating factors. Williams has indicated he plans to appeal his convictions. The matter is currently at the appeal stage.
In December 2021, the Court of Appeal dismissed the appeal of Erick Mukoko, a violent rapist from the Democratic Republic of the Congo, who had been sentenced to eight years in prison for raping a 21‑year‑old woman in Limerick in May 2017. Mukoko had pleaded guilty and his lawyers argued that the trial judge, Mr Justice Michael White, had misclassified the offence and had not given sufficient weight to mitigating factors. The appeal was rejected by a three‑judge panel headed by Mr Justice Patrick McCarthy, who upheld the judge's discretion and the consideration of mitigating factors. The Director of Public Prosecutions affirmed that the sentence was fully within the judge's margin of appreciation. The victim's impact statement described ongoing anxiety, depression, panic attacks, and attempts at self‑harm following the rape. The case was investigated by Gardaí, who identified Mukoko as the suspect and confirmed a DNA match.
In December 2021, Michael Waters, a 49‑year‑old barrister from Belfast, petitioned the Court of Appeal to quash a 2013 assault conviction in which he was found guilty of head‑butting a creche manager, Marian Wallace, on 4 January 2012. The original conviction carried a suspended three‑year sentence and was upheld by the Court of Appeal in June 2017. Waters' motion, filed under Section 2 of the Criminal Procedures Act 1992, claimed newly discovered facts and sought a "miscarriage of justice" certification. Judge John Edwards responded that the judgment had been made in 2017 and that any objection should have been raised then, not four years later. He told Waters that all facts were known at the time and that he must provide an affidavit detailing any new evidence. The case was adjourned to February, with the judge giving Waters two months to submit his evidence. The motion was not granted.
Keith Quinn, a 33‑year‑old former professional footballer, was originally sentenced to seven and a half years' imprisonment with three years suspended for possession of over €2.7 million worth of heroin for sale or supply at Rosemount Business Park, Dublin 11, on 5 August 2020. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal quashed the original term imposed by Judge Pauline Codd and re‑sentenced Quinn to eight years' imprisonment with the last 18 months suspended. The court accepted that the headline sentence of 12 ½ years was appropriate but reduced the mitigation from five years to four and a half, and the suspended period from three and a half to 18 months. Quinn pleaded guilty, denied being a drug user, and the court noted his gambling debts and the loss of his mother as mitigating factors.
William Kiely, a 49‑year‑old former Director of Corporate Finance at Cantor Fitzgerald Ireland, was charged in the Dublin Circuit Criminal Court with 15 counts of alleged property fraud under the Criminal Justice Theft and Fraud Offences Act. The alleged offences involved investors who wanted to invest in U.S. property between August 2008 and February 2013, with claims of losses ranging from €50,000 to €120,000 each and a total estimated defrauded amount of €750,000 to €1 million. Gardai began investigating in 2012, but Kiely was not charged until July 2019. He sought a judicial review to halt the proceedings, arguing that the delay breached his right to a fair trial. In March, High Court Justice Miriam O'Regan rejected the application. Kiely appealed to the Court of Appeal, where Justice George Birmingham dismissed the application today, stating a written judgment would follow.
The Court of Appeal has heard an appeal by the Director of Public Prosecutions regarding the sentencing of a 22-year-old man who pleaded guilty to sexually assaulting a 14-year-old girl. The appellant admitted to the offence, contrary to Section 2 of the Criminal Law (Rape) (Amended) Act 1990, at the District Court, Midleton, Co Cork, in December 2020. He also admitted to asking the victim to touch him and contacting a child for sexual exploitation. In February this year, Judge Seán Ó Donnabháin at Cork Circuit Criminal Court imposed a two-year suspended sentence. The DPP argues this entirely suspended sentence was unduly lenient and not in accordance with principle, citing the appellant's prior flight to England to evade prosecution and his knowledge of the victim's age as aggravating factors. Defence counsel Elizabeth O'Connell SC contended that the appellant, who had no previous convictions, pleaded guilty at the earliest opportunity, spent a month in custody, and is now in full-time employment. She argued the onus was on the DPP to demonstrate a substantial departure from sentencing norms. The Court of Appeal has reserved its judgement on the appeal.
Keith O'Neill, 46, was found guilty of murdering John Wilson, 35, in 2012 and sentenced to life in 2015. He appealed, claiming the conviction was unsafe, but during the Court of Appeal hearing he repeatedly interrupted the proceedings. Judge John Edwards warned him to cease gesticulating and shouting, insisting decorum was required. O'Neill could only speak to the judges after consulting his barrister. His lawyer, Ronan Munro SC, sought an adjournment to file new grounds, arguing that evidence not presented at trial—particularly gunshot residue—had been mishandled and could have altered the verdict. The adjournment was granted despite objections from the DPP. The appeal will resume in the New Year. The case involved a fatal shooting of Wilson's seven‑year‑old daughter's father, with O'Neill's prior drug‑related convictions noted by the police. Keith O'Neill pleaded not guilty.
A man named Gavin Craven, aged 47, was sentenced to four years' imprisonment with the final year suspended after attacking Fergal Quinn with a poker while claiming to be in the IRA. The assault took place at Quinn's home in Liffey Place, Cork City, on 1 August 2020, following a dispute over a parking space. Craven pleaded guilty to assault causing harm. The Court of Appeal found that the trial judge had erred in setting a five‑year headline sentence and had applied an inappropriate 20% discount. The appeal court reduced the headline to five years, then applied a 25% discount for the guilty plea, suspended 21 months, and left a custodial term of two years and three months to be served. The case was heard at Cork Circuit Criminal Court and the appeal was heard by Mr Justice Birmingham.
William Kiely, a former Director of Corporate Finance at Cantor Fitzgerald Ireland, is appealing a High Court decision that allowed criminal proceedings to proceed against him for alleged theft and fraud offences. The case involves 15 counts under the Criminal Justice Theft and Fraud Offences Act, alleged to have occurred between August 2008 and February 2013, involving investors who claimed losses between €50,000 and €120,000 each, with a total alleged defrauded amount ranging from €750,000 to €1.2 million. Kiely, aged 49, was charged in July 2019 after an investigation that began in 2012. He argued that the delay in prosecution breached his right to a fair trial and sought a judicial review, which was rejected by Ms Justice Miriam O'Regan in March. He is now appealing that decision to the Court of Appeal, where his lawyers contend the delay was so great that prohibition of the proceedings is warranted.
Tanya Breen (30) had her custodial sentence reduced on appeal after pleading guilty to possessing €59,710 in cash, alleged to be proceeds of crime, at a Maxol Service Station on the Longmile Road, Dublin, on February 11, 2020. She also admitted to a second count of possessing the proceeds at her home on the same date. Originally sentenced by Judge Elma Sheahan to three-and-a-half years, with six months suspended, Breen appealed the decision. The Court of Appeal, presided over by Mr Justice George Birmingham, found that the sentencing judge erred in not setting a longer suspension period. Consequently, the final 15 months of Breen's sentence were suspended, reducing her effective custody. The court noted she made a conscious decision to become involved in serious criminality for financial gain. Her co-accused, Laurence Keane (42), also pleaded guilty to possessing the same cash at the service station. Keane was sentenced to two-and-a-half years imprisonment, with the final six months suspended. During the original sentencing, Judge Sheahan stated the defendants were willing to risk their good character for small sums, describing the offence as a lifestyle choice with high culpability. The DPP argued the sentence was appropriate given Breen was not in poverty or under threat, while defense counsel highlighted her status as a sole carer for her son.
Stephen O'Connor of Carndonagh, Dublin, has had his wholly suspended sentence upheld by the Court of Appeal. O'Connor pleaded guilty to unlawful possession of firearms contrary to the Firearms Act 1964 following the discovery of two loaded semi-automatic pistols stored inside a Henry Hoover at his address in September 2019. At Dublin Circuit Criminal Court, Judge Elma Sheahan imposed a four-year sentence, suspended in full, citing O'Connor's lack of previous convictions, mental health difficulties, and vulnerability to exploitation by a criminal figure. The Director of Public Prosecutions appealed on grounds of undue leniency, arguing the sentence should not have been entirely suspended. The three-judge Court of Appeal panel, led by President Mr Justice George Birmingham, rejected this application. The court found the decision to fully suspend the sentence was exceptional and appropriate given the extent of O'Connor's mental health problems, including serious suicide attempts following the deaths of two brothers.
The Court of Appeal has dismissed an appeal by the State, upholding a High Court ruling that the State is not entitled to seek indemnity or contribution from BT Communications Ireland, formerly Esat Telecommunications. The dispute arises from a long-running action by businessman Declan Ganley and Comcast International Holdings Inc regarding the awarding of Ireland's second mobile phone licence in 1996, in which their Cellstar consortium was an unsuccessful bidder. In 2018, Ms Justice Carmel Stewart struck out the State's notices for indemnity and contribution. The State appealed, arguing that BT should not be released from the case to allow a fully informed trial decision. However, the three-judge Court of Appeal, comprising Ms Justice Caroline Costello, Mr Justice Robert Haughton, and Mr Justice Donald Binchy, unanimously dismissed the appeal. Mr Justice Haughton agreed with the trial judge's conclusion that the State parties cannot seek indemnity or contribution from BT as an alleged concurrent wrongdoer following the release and accord arising from the agreement between the plaintiffs and BT. The court found that the notices did not disclose a reasonable cause of action. BT was awarded its legal costs for the appeal. The matter is now concluded with the State's claims against BT struck out.
The Court of Appeal, presided over by Mr Justice John Edwards, rejected a request from the parents of two victims to identify a serial child abuser who had been caught with a 127‑page paedophile manual. The appeal also overturned a five‑year custodial term imposed on a 45‑year‑old man for two counts of sexually assaulting a boy, sexual exploitation of a boy, producing child pornography, and possession of child pornography. The court increased the sentence to six years, citing the severity of the offences and the large quantity of child‑pornographic material found on the defendant's devices. The parents had asked for the man's name to be revealed, but the court ruled that naming him would also identify the victims and therefore upheld the ban on disclosure. The decision was made without a separate application to lift the ban, and the judge emphasized that the increased term reflected the overall impact of the offending on the victims.
At the appeal stage, Niall Finnegan (39) of Cherry Grove, Cullyhanna, Co Armagh, who was previously convicted of committing the offence under Section 73 of the Criminal Justice Act 2006, which states that a person 'commits a serious offence for the benefit of, at the direction of, or in association with, a criminal organisation', has had his sentence reviewed. Finnegan had pleaded guilty to possessing or handling €103,930 at The Yard, Tullypole, Moynalty, Co Meath, following an ATM theft on 20 August 2019. The non-jury court had previously jailed Finnegan for four-and-a-half years, suspending the final 18 months for three years for possessing the cash, which was the proceeds of ATM thefts carried out by a criminal organisation. The judge then gave Finnegan the full 25% discount for his guilty plea, resulting in a four-and-a-half year sentence, and suspended the final 18 months of the sentence for three years. Finnegan's barrister had requested a postponement of the activation of the sentence until after Christmas so that Finnegan could spend the holiday season with his three children, but this was denied by Mr Justice Tony Hunt. The matter was adjourned.
The Court of Appeal heard an appeal against the sentence imposed on Tanya Breen, who pleaded guilty to two counts of possessing the proceeds of crime. Breen admitted to possessing €59,710 in cash at a Maxol Service Station on the Longmile Road, Dublin, and at her home on February 11, 2020. Judge Elma Sheahan sentenced her to three-and-a-half years, with six months suspended, at Dublin Circuit Criminal Court. Breen's counsel argued the separation from her son was a draconian penalty for a first-time offender. The Director of Public Prosecutions contended the sentence was appropriate, citing the deterrent principle and describing the act as a lifestyle choice for financial gain that aided drug dealers. Mr Justice George Birmingham noted Breen made a conscious decision to engage in serious criminality. Judgment was reserved. The appeal concerns Breen's sentence; co-accused Laurence Keane, who was arrested with her, was not the subject of this specific appeal hearing. The court heard that the defendants were willing to risk their good character for small sums, indicating high culpability without compulsion.