The Court of Appeal has reserved its judgment on the appeals against conviction lodged by Jason Bradley and Dean Bradley. The brothers were sentenced to life imprisonment in July 2018 after being found guilty of the murder of Neil Reilly in Lucan, Dublin, on January 18, 2017. Their co-accused, Ryan Bradley, was acquitted of murder by direction of the trial judge but pleaded guilty to impeding the investigation, receiving a fully suspended five-year sentence. Their father, Paul Bradley, was acquitted by the jury. Counsel for the appellants argued that the trial judge erred in refusing to discharge the jury after Ryan Bradley's counsel sought a directed verdict, leaving the appellants with a tactical dilemma regarding the testimony of witness Danielle Cusack. They further contended that the admission of Cusack's evidence, derived from enhanced cognitive interviewing, was flawed. The prosecution rebutted these claims, asserting the trial judge's rulings were impeccable. The court, comprising Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy, heard the arguments and indicated the matter is complex, with judgment to be reserved.
In a Central Criminal Court hearing, Mr Justice Paul Coffey lifted a reporting restriction that had previously barred the publication of the identity of Deirdre Morley, a 44‑year‑old mother charged with murdering her three children. The restriction had been imposed after a Court of Appeal ruling that Section 252 of the Children Act 2001 prohibited identifying child victims, including deceased ones. Morley, who lives in Parson's Court, Newcastle, Co. Dublin, faces charges for the deaths of her sons Conor (9) and Darragh (7) and daughter Carla (3), whose bodies were found at their family home on 24 January. The Children (Amendment) Act 2021, which came into force last week, removed the blanket prohibition on naming deceased children, allowing the court to grant the order. The defence had originally applied for the protection, and the Director of Public Prosecutions had not objected.
In 2016, James Lammon, aged 48, was convicted by a jury at the Central Criminal Court of the brutal, pre‑meditated murder of Jason Doogue in Athy, Co. Kildare, on 21 August 2015. The jury found Lammon to be the masked gunman who shot Doogue three times before cycling away. He received a mandatory life sentence, back‑dated to the day of the murder. Lammon is appealing, arguing that his counsel failed to challenge a disputed statement attributed to him by Garda Daniel O'Shea. O'Shea had recorded a conversation in which Lammon allegedly said the bullet was meant for another man and that he would never be charged. The defence and prosecution reached an agreement allowing O'Shea's testimony to be admitted unchallenged, a decision Lammon claims he did not consent to. The Court of Appeal will consider whether Lammon had agreed to this arrangement and whether it was proper.
Following the enactment of the Children (Amendment) Act 2021, RTE successfully applied to lift a court order that had kept the identities of convicted child murderer Patrick Dillon (28) and his 11‑year‑old nephew, Brooklyn Colbert, anonymous. The new law removes the restriction on naming deceased children, except in exceptional circumstances, and allows media or relatives to request the court to lift such orders. Dillon, who had been named in the Central Criminal Court in January after a Court of Appeal ruling on Section 252 of the Children Act, admitted to striking Brooklyn with a hammer and stabbing him 27 times. The court described the murder as a "horrific breach of trust" and sentenced Dillon to life imprisonment. Brooklyn's mother, Sonia Aylmer, publicly demanded that the victim's name be released, arguing that her son's legacy should not be defined solely by his death.
An application by RTE to lift a court order preventing the public identification of a convicted child murderer and his victim has been adjourned. The order remains in place despite the recent commencement of an amendment to Section 252 of the Children Act. Mr Justice Paul Coffey stated that although the matter appeared "irresistible" given the legislative change, he would adjourn the hearing until Monday "out of an abundance of caution." This allows the Director of Public Prosecutions to be represented by counsel and the accused's lawyers to take instructions. The 28-year-old appellant, who admitted murdering his 11-year-old nephew in 2019, was sentenced to a mandatory term of life imprisonment. His identity was anonymised at the Central Criminal Court following a Court of Appeal ruling on the interpretation of Section 252. The Children (Amendment) Act 2021, signed into law last week, rectified a loophole that previously prohibited the identification of child victims in unlawful killing cases. RTE's counsel, Tom Murphy BL, sought leave to lift the restriction, noting the law no longer applies to such proceedings. The accused's lawyer, Yvonne Quinn BL, indicated no legal objection but lacked formal instructions from her client in custody. A State solicitor requested the adjournment to ensure proper DPP representation. The matter was adjourned and is not concluded.
In an appeal-stage application at the Central Criminal Court, Tom Murphy BL, acting for RTE, sought to lift a previous court order restricting the naming of a child murderer and the deceased victim. The applicant alleged that the existing restriction, imposed by Mr Justice Michael White in January, prevented public identification due to a family relationship between the accused and the 11-year-old boy killed in 2019. The accused, a 28-year-old man, had admitted to the murder and was sentenced to mandatory life imprisonment. Mr Murphy argued that the Children (Amendment) Bill 2021, which rectified a loophole in Section 252 of the Children's Act, was set to come into force the following day, thereby removing the legal barrier to naming the victim. Mr Justice Paul McDermott indicated he saw no difficulty in lifting the ban once the new legislation took effect. However, noting the application was ex-parte and that the Director of Public Prosecutions and the accused had not been notified, the judge stated he was technically restricted from making the order before the law came into force. Consequently, the matter was adjourned. Mr Justice McDermott instructed the applicant to return the next day, once the amended legislation was in force, to allow the DPP and the accused to be present and make any submissions. The judge emphasized that the order would not be made immediately but would follow the commencement of the new law.
The Court of Appeal upheld a decision that two boys, born in France to an Irish father and a French mother, must be returned to France. The father had refused to send them back after a visit to Ireland, citing concerns that mandatory mask‑wearing in French schools would cause his son anxiety and distress. The father's appeal was dismissed by a three‑judge panel, which found no evidence of a grave risk or harm to the children from wearing masks. The court confirmed that the requirements for an order under Article 12 of the Hague Convention had been met, and the children were deemed wrongfully detained in Ireland. The decision was made after the father's request for a stay was rejected, and the court emphasized that the evidence did not support the claim that mask‑wearing would adversely affect the boys. The boys are to be returned to their mother in France.
Former Ros na Run actor Garrett Phillips, aged 48, has withdrawn his appeal against the sentence imposed for raping a 20‑year‑old woman in Galway on 5 November 2015. Phillips was convicted by an 11‑1 jury verdict of a single charge of orally raping the victim after she fell asleep in his van. He was sentenced to six years' imprisonment. The appeal, which had been scheduled for the Court of Appeal, was withdrawn at the request of his counsel, Fiona Murphy SC. The court, presided over by Mr Justice George Birmingham, accepted the withdrawal. The case had previously seen a conviction appeal rejected, and the sentence appeal was the only remaining legal proceeding. No further proceedings are scheduled. Garrett Phillips pleaded not guilty.
Jack McCarthy, 24, of Ardbhaile, Mayfield, Co Cork, was sentenced by the Cork Circuit Court to four years in prison, with the final year suspended for two years, for a burglary committed on 11 April at a house near his home. He entered a signed guilty plea at the earliest opportunity in the District Court and maintained it when sent to the Circuit Court. The Court of Appeal, presided over by Mr Justice George Birmingham, reduced the sentence to three years, suspending the final six months. The judge highlighted the value of an early guilty plea and McCarthy's genuine remorse, noting his attempts to enrol in a residential rehabilitation programme before the first public‑health lockdown. Aggravating factors included McCarthy's prior convictions for burglary, assault and knife possession.
In a Court of Appeal decision dated 30 April 2021, John Waters and Gemma O'Doherty were ordered to pay the legal costs of their unsuccessful appeal against the High Court's refusal to allow them to challenge Covid‑19 legislation. The three‑judge panel, led by Mr Justice George Brimingham, held that the normal rule that the losing side pays costs applied. The applicants had argued that their action was a public‑interest case and that they had acted as lay litigants, but the court found no special, unusual or exceptional circumstances to depart from the rule. The appeal was dismissed, and the applicants were required to pay the State respondent's costs. The Court noted that the proceedings did not involve any real legal novelty or development of jurisprudence, and therefore could not be considered a genuine public‑interest proceeding.
At the Court of Appeal, the DPP is appealing the award of a Miscarriage of Justice certificate to a man who was found not guilty by reason of insanity of the murder of his infant child. The 20-month-old boy died on April 17, 2001, after being found non-responsive in the father's apartment. The now 47-year-old man was initially found guilty of murder in 2003 but had his conviction quashed in 2019 after being diagnosed with paranoid schizophrenia. The retrial heard evidence from four consultant psychiatrists confirming the man's schizophrenia diagnosis in 2001. The DPP argues that the new diagnosis does not constitute a 'newly-discovered fact' and that the criteria for the certificate were not met. Counsel for the State, Mr Brendan Grehan SC, stated that the diagnosis was a 'reappraisal' of medical evidence and that the original trial's evidence was 'honest and expertly' delivered. Responding for the appellant, Mr Barry White SC argued that his client was wrongly jailed for 16 years and that the retrial jury found him not guilty by reason of insanity within ten minutes. The matter was adjourned as the court will reserve its position following the review of significant documentation.
Alan Harte's second murder trial collapsed at the Central Criminal Court after the Director of Public Prosecutions entered a nolle prosequi, dropping the charge. Harte, 40, had pleaded not guilty to the alleged murder of Anthony Rogers at Robinson's Court, Cork Street, Dublin 8, on November 6, 2016. The prosecution withdrew the case following rulings by Mr Justice Alex Owens that excluded evidence from two gardai who claimed to identify Harte on CCTV, as well as alleged comments made by Harte to gardai 24 days after the killing. The judge subsequently discharged the jury. Harte has a prior conviction for disposing of the body of Peter Gunn at Dunsoghly Lane. In 2014, Mr Justice Patrick McCarthy sentenced Harte to six years' imprisonment for that offence and impeding the investigation, with the final three years suspended. An appeal by the DPP to increase this sentence was later rejected by the Court of Appeal. In that earlier matter, Kastriot Boza was sentenced to six years' imprisonment, with the final two years suspended, a sentence later reduced by two years by the Court of Appeal. Harte had previously been acquitted of the murder of Mr Gunn by a unanimous jury.
In a Court of Appeal hearing, a 17‑year‑old who pleaded guilty to the murder of Glen "Ossie" Osborne was denied an appeal against his life sentence with a review after ten years. The appeal argued that the sentencing judge had not sufficiently considered the defendant's remorse, early guilty plea and rehabilitation efforts, and that another teenager who committed a planned, unprovoked murder without remorse received the same sentence. The Court of Appeal found no error in principle, noting that the bringing of a knife to the scene was a significant aggravating factor and that the judge had given "significant credit" for the defendant's early plea and remorse. The judge had ordered periodic reports for a review after ten years, and the appeal was dismissed. The defendant remains in custody awaiting that review. The unnamed 17-year-old was found guilty.
Anthony McNamara, 28, of Ard Mor Drive, Tallaght, was convicted by a Circuit Court jury in 2020 of violent disorder, criminal damage and production of an article capable of inflicting serious injury for an "animalistic" attack on a family home on 9 October 2018. The assault involved a gang of men, most wearing balaclavas, who broke a wooden fence, smashed the house's exterior, and used a machete. McNamara threw a child's scooter at a female resident, who was struck on the head. He was sentenced to five years and six months, with the final six months suspended on condition of keeping the peace. McNamara appealed, arguing that a witness's testimony about a nearby house being "smashed to the ground" was inadmissible and prejudicial. The Court of Appeal dismissed the appeal, ruling the evidence was not referable to McNamara and did not prejudice the jury.
Marian Lingurar Junior, 26, a Romanian national, is serving a nine‑year sentence for his role in the 2011 murder of John Kenny, a Galway publican, during a burglary. He has applied to the Court of Appeal for leave to appeal, arguing that his appeal was mistakenly filed under his father's name and that his privacy rights were breached when Gardaí obtained phone records used at trial. The Court noted that Lingurar had breached bail, fled Ireland, and returned under a false name, delaying his trial until 2019. The Director of Public Prosecutions opposed the extension, citing insufficient evidence that the appeal would succeed and the need to protect the victim's family. The appeal's outcome remains pending. The case also involved a second burglary conviction for the same night.
In 2017, accountant Sidney Sutton, aged 43, was convicted at the Circuit Court of four counts of assault, one of assault causing harm and one count of producing a knife capable of inflicting serious injury, for incidents alleged to have occurred on 6 February 2016 after a wedding in Slane. He received a two‑year sentence with the final 12 months suspended, later increased by the Court of Appeal to 16 additional months. On 26 April 2021, the Court of Appeal quashed the conviction, citing an error in the trial judge's allowance of the prosecution to edit interview memos. The appeal was based on a ground presented by a former legal team, and the court found that the editing had prejudiced the defendant's case. Sutton will appear again on 10 May to determine whether the Director of Public Prosecutions will seek a retrial, and he retains the right to oppose any such application.
Robert Devine, aged 44, and his son Lee Kelly, aged 21, appealed the sentences imposed for a 2017 burglary and assault at the O'Reilly home. The original 20‑year sentence for Devine (12 years for burglary, 4 years each for two assault counts) and 17‑year sentence for Kelly (10 years suspended) were quashed. The Court of Appeal substituted a 12‑year term for Devine with the final two years suspended, and a 7‑year‑6‑month term for Kelly with the final year suspended. The four‑year assault sentences remain but will run concurrently. The appeal was based on the judge's error in imposing consecutive sentences for offences arising from the same incident. The Court noted the seriousness of the burglary and assault, the victims' injuries, and the defendants' guilty pleas and expressions of remorse. The decision was made by Justice Isobel Kennedy, with Justices George Birmingham and Patrick McCarthy.
In a "without prejudice" hearing before the Court of Appeal, the Director of Public Prosecutions challenged a 2016 ruling by Judge Robert Eagar that child sexual exploitation could only be an offence if the child was also trafficked. Eagar had held that the relevant provisions of the Child Trafficking and Pornography Act 1998 and the Criminal Law Act 2008 did not create a standalone offence of exploitation, insisting that proof of trafficking was required. The DPP argued that Section 3(2)(a) of the 1998 Act plainly creates an independent offence, punishable by up to 14 years' imprisonment, without needing evidence of trafficking. The DPP cited the judge's reference to marginal notes and a minister's comment that the offence was "trafficking, not exploitation," and asserted that parliamentary speeches should not influence statutory interpretation. The Court of Appeal reserved judgment on the matter.
Two judges on the Court of Appeal heard Seamus Morgan's appeal against his murder conviction for killing Larry 'Bomber' Keane. During the hearing, President of the Court of Appeal, Mr Justice George Birmingham, realised that he had defended Morgan in Morgan's earlier murder trial, while his colleague, Mr Justice Patrick McCarthy, had prosecuted him. Birmingham said that if either side had a qualm, the appeal would be reheard by a different panel. Morgan, aged 53, had previously been found not guilty of murder but guilty of manslaughter for the killing of 29‑year‑old James Hand in 2002. The appeal is now pending, with lawyers for Morgan and the Director of Public Prosecutions to decide whether to proceed with a new panel. The court has reserved judgment.
Ross Outram, aged 30, appeals his 2019 life sentence for murdering 90‑year‑old farmer Paddy Lyons. He argues that the fatal hip fracture was not caused by his assault but by an accidental fall after he left the scene. His lawyer, Michael O'Higgins SC, notes that pathology showed a hip fracture, brain injury and head lacerations, but the hip injury could have resulted from a fall. O'Higgins cites blood‑pooling evidence suggesting Lyons was mobile after the beating and that forensic analysis found no blood on Outram's hoodie. He contends the prosecution failed to prove beyond reasonable doubt that the hip fracture was caused by the assault. The Court of Appeal has reserved judgment on the appeal. Ross Outram was found guilty.
In 2021 the Court of Appeal upheld the conviction of a 71‑year‑old father who had repeatedly raped his 12‑year‑old son. The father was found guilty of anally raping the child on nine occasions and of child cruelty for locking the boy in a box; he was acquitted of a separate charge of raping the boy with a poker. The appeal was dismissed after the court considered the lengthy nine‑day testimony of the victim, the use of video‑link evidence, and the admission of evidence of the father's prior convictions for theft and drink‑driving. The judge imposed a 15‑year sentence, suspended the final year, and ordered a four‑year supervision period upon release. The decision was made after the court noted the impact of the trial on the child, who had been removed from the family home in 2011 and had suffered severe emotional distress.
The Central Criminal Court adjourned the sentencing hearing for an unnamed 17-year-old accused of murdering Claudio Robu (39) in a Dublin laneway on September 14, 2020. The accused, who was 16 at the time, pleaded guilty to the charge. During the hearing, counsel Brendan Grehan SC presented mitigation, noting the accused's history of neglect, his father's early death, and his subsequent placement in State care after his step-father was charged with assaulting him. A mental health report indicated the accused struggled to articulate emotions due to past trauma. The prosecution, represented by Dean Kelly SC, detailed evidence that the accused kicked the intoxicated victim to death and stole his phone, with the cause of death cited as blunt force trauma to the head. The victim's family submitted an impact statement describing their trauma. Mr Justice Paul McDermott adjourned the matter until May 25, citing a pending decision in a separate juvenile case before the Court of Appeal that may influence the sentencing outcome. The hearing was not concluded.
A Belfast man, aged 70, lost an appeal against his conviction and six‑and‑a‑half‑year jail sentence for sexual assault. The Court of Appeal found no error in the trial judge's conduct or sentencing. The man had been convicted in October 2018 of five counts of sexual assault and one count of indecent assault, committed between 1989 and 1996 when the victims were aged seven to 14. Four of the assaults involved his godson's cousin, the other two involved his godson, the son of a neighbour. Lawyers argued the judge erred by treating a 2010 statement to the victim's wife as the first reasonable opportunity for complaint and by allowing the prosecution to link the victim's reporting delay to long‑term mental health issues. The Court rejected these arguments, concluding the 2010 statement was sufficiently close to the formal complaint to not alter the case dynamics.
In 2018, a 54‑year‑old man pleaded guilty to 21 charges, including rape, attempted rape and sexual assault, against his daughter aged 5 to 17 over a 12‑year period. He also pleaded guilty to three counts of assault causing harm. He was sentenced to 18 years in prison, with the final three years suspended. He appealed the severity of the sentence, arguing the judge erred by imposing a life sentence as the headline term and that mitigating factors such as his early guilty plea and cooperation with Gardaí warranted a headline sentence of 10 to 15 years. The Court of Appeal, presided over by Mr Justice George Birmingham, found the appeal ground surprising given the seriousness of the offences and reserved its ruling for a later date. The DPP maintained that the life sentence was appropriate due to the aggravating factors.
Seamus Morgan, aged 53, seeks to overturn his 2016 murder conviction for killing Laurence 'Bomber' Keane, a 56‑year‑old former bomb‑maker. Morgan was jailed for life after a jury found him guilty of murdering Keane in a dark laneway near Greenhills, Athy, on 18 July 2013. He had previously served eight years for the manslaughter of 29‑year‑old James Hand in 2002. In the Court of Appeal hearing, Morgan's lawyer argued that the trial judge erred by allowing the prosecution to introduce evidence of Morgan's earlier manslaughter conviction and by failing to properly warn the jury about the reliability of witness identification. The appeal judges reserved judgment. The case remains at the appeal stage, with no outcome yet announced. Seamus Morgan pleaded not guilty and was acquitted.
A 18‑year‑old man, who was 15 when he committed a sexual offence against a girl aged 15‑17 at a party, has had his appeal against an 18‑month sentence dismissed. The Court of Appeal, hearing the case on 15 April 2021, noted that a delay in the investigation—caused by a Garda repeatedly calling the wrong address—meant the defendant would serve most of his sentence in an adult prison once he turns 18 and six months. The judge had originally set a headline sentence of five years, reduced to 18 months after considering mitigating factors, including the defendant's age at the time of the offence. The defendant pleaded guilty on 27 July 2020 to defilement under the Criminal Law (Sexual Offences) Act 2006. The appeal was dismissed, and the defendant will be transferred to an adult prison in the coming weeks.
In a Court of Appeal hearing, 18‑year‑old Michael Bowman, representing a young man who defiled a 15‑year‑old girl at a party in 2018, argued for a reduction of the 18‑month sentence imposed for the offence under the Criminal Law (Sexual Offences) Act 2006. Bowman highlighted that the defendant had pleaded guilty early, had no prior convictions, had shown good behaviour, and had suffered personal trauma. He also pointed out that a procedural delay—caused by a Garda repeatedly calling the wrong address—meant the defendant would serve most of his sentence in an adult prison, a circumstance he claimed should have been weighted more heavily. The prosecution, represented by Paul Greene SC, said the delay was not prejudicial. The Court of Appeal, presided over by Justice George Birmingham, was expected to deliver a judgment within a few days.
A 53‑year‑old Dubliner, whose name is withheld to protect his victim, has asked the Court of Appeal to quash a conviction for indecent assault of his male cousin. The appeal argues that the trial was unfair because the jury heard two separate allegations – one against a young girl and one against the cousin – in the same hearing. The appellant's lawyers claim no legal basis existed for a joint trial and that the prosecution failed to establish any cross‑corroboration between the allegations. They contend that the judge's refusal to allow the cases to be tried separately created a risk of prejudice. The Court of Appeal has reserved judgment on the appeal.
The Court of Appeal rejected former Ros na Rún actor Garrett Phillips' appeal against his conviction for raping a 20‑year‑old woman in Galway on 5 November 2015. Phillips, 48, was found guilty by an 11‑1 majority after a four‑day trial at the Central Circuit Criminal Court and sentenced to six years' imprisonment. He had pleaded not guilty, claiming the act was consensual. His lawyers argued that the trial judge had erred by refusing to allow cross‑examination of the victim about an oral sex act she had had with her boyfriend a week before the offence. The appeal was dismissed on the basis that the alleged prior act was not relevant to the rape charge. Phillips will now appeal the length of his sentence on 30 April.
In a case heard in Cork Circuit Criminal Court, Thomas O'Driscoll (40) and Patrick O'Driscoll (39) pleaded guilty to deception for targeting an elderly woman in her 70s. The brothers approached her in a jewellery shop in Skibbereen on 11 November 2018, persuaded her to give them her phone number after showing a machinery brochure, and later called her in Goleen. They aggressively urged her to purchase machinery and tools, resulting in her writing cheques totaling almost €25,000. The woman later cancelled the cheques, but €6,500 had already been cashed. The brothers paid €6,000 in compensation and each offered €4,000 of their bail money. They were sentenced to two years' imprisonment each. Their lawyers had planned to appeal to the Court of Appeal, but the brothers withdrew the appeal after the court's judges noted the possibility of increasing the sentence. The withdrawal was deemed a wise decision by the presiding judge.
The Special Criminal Court has declared the 2017 conviction of Michael Connolly a miscarriage of justice. Connolly, of Dundalk, County Louth, had pleaded not guilty to membership of an unlawful organisation, styling itself Oglaigh na hEireann, otherwise the Irish Republican Army, otherwise the IRA on December 16, 2014. He spent 14 months and 22 days in custody following his initial conviction. The court found a "grave defect" in the administration of justice caused by Garda Assistant Commissioner Michael O'Sullivan. O'Sullivan had asserted during the original trial that none of the material forming the basis of his belief was in the Book of Evidence. The court described this assertion as "seriously incomplete and misleading" and "careless," noting it prevented the issue of "double counting" from being properly examined. Although the court found beyond reasonable doubt that O'Sullivan genuinely believed Connolly was an IRA member and that evidence implicated Connolly in transporting two improvised explosive devices, it could not rely on the belief evidence as independent. The court concluded that if the double counting issue had been properly considered, the original court would likely have been compelled to acquit. This decision follows a 2018 Court of Appeal ruling that set aside the conviction and ordered a retrial, and a 2019 retrial in which Connolly was acquitted. The court approved the certificate for the Miscarriage of Justice application.
A 26‑year‑old man, whose name is protected by the High Court, is awaiting trial for an alleged murder and requires treatment at the Central Mental Hospital (CMH). Because CMH has no available beds, he is being held in Cloverhill Prison. His lawyers argued that his detention was unlawful, citing a consultant psychiatrist, Dr Conor O'Neill, who said the only appropriate place for treatment is CMH. The Court of Appeal, led by Mr Justice George Birmingham, upheld the High Court's decision to keep him in prison until a bed opens. Birmingham described the case as a "resources case" and said that release would only be justified by an egregious breach of his fundamental rights, which was not present. He noted that the man is currently receiving psychiatric care and medication at Cloverhill, and that the state is preparing a new facility at Portrane to increase bed capacity. The other judges agreed with the decision.
A 37‑year‑old Dublin man was convicted at the Central Criminal Court of 33 counts of rape and 15 counts of sexual assault against his younger sister between 1999 and 2005, when she was aged ten to sixteen. He was sentenced on 15 March 2016 to 11 years' imprisonment for rape and three and a half years for sexual assault, the sentences running concurrently. The man appealed to the Court of Appeal against both conviction and sentence. On 15 March 2021 Mr Justice Patrick McCarthy dismissed the conviction appeal, finding no grounds to overturn the verdict. The appeal centred on a prosecution question about "experimenting" that the defence argued breached evidence rules, but the judge held the question did not justify a jury discharge. The court noted the sister's testimony of abuse, including the use of a screwdriver, and her lasting psychological harm, but upheld the original conviction and sentence.
The former Garda, aged 60, was convicted in 2018 of sexually assaulting an 11‑year‑old girl and of possessing child pornography. He received a four‑year‑six‑month sentence for the assault, with the final 18 months suspended on the condition of three years of post‑release supervision, and a nine‑month sentence for the pornography charge that ran concurrently. The appeal to reduce the supervision period was dismissed by the Court of Appeal, which found the order fair and justified. The appellant had argued that the assault and pornography charges should not have been tried together, but the court upheld the trial judge's decision that the offences were sufficiently linked. The case remains limited to the conditions and sentences imposed, with no further outcomes reported in the article.
Ibrahim Gharib, 42, an Egyptian national, was convicted in November 2017 of rape, sexual assault and threatening to kill or seriously injure a 27‑year‑old visiting student on 7 and 8 July 2016. The assault began on a bus when Gharib groped the student, who resisted and later texted for help. He followed her home, forced entry, masturbated in front of her, threatened her, and raped her on a carpeted stairway. Witness testimony, the victim's injuries, her text messages, and semen evidence supported the conviction. Gharib's appeal argued the doctor's testimony about carpet debris was unreliable, but the Court of Appeal found the evidence overwhelming and dismissed the appeal. The case was heard at the Central Criminal Court, with the judge noting the victim's clear recollection and the presence of an eyewitness to the rape.
Sean Murphy, 26, is awaiting trial for the murder of Michael Olohan, 35, at Bradog Court hostel. His lawyers argue he should be released until he can receive treatment at the Central Mental Hospital (CMH) because he is mentally ill and refuses antipsychotic medication. Dr Conor O'Neill says the only suitable place for his treatment is CMH, but a shortage of beds has left him in Cloverhill Prison. The High Court previously rejected an application for release. Counsel for Murphy claims his detention breaches Article 40 of the Constitution, which protects personal liberty. The Court of Appeal will decide whether the state can keep him in custody without providing the required treatment. The case is scheduled for judgment on 1 April 2024.
Karl Vogelaar, a 29-year-old from Oulster Lane, Drogheda, Co Louth, has had his appeal against his conviction dismissed by the Court of Appeal. Vogelaar was found guilty by a jury at Dundalk Circuit Court of two counts of robbery contrary to section 14 of the Criminal Justice Act 2001. The allegations state that on November 4, 2016, three men robbed Tully's bookmakers in Wheaton Hall, Drogheda, at 8:45 pm, where one held a gun to the employee's face, a shot was fired, and €1,600 was taken. Ten minutes later, the group allegedly robbed Tully's bookmakers in Ballsgrove, taking €1,735. Gardai recovered the getaway car shortly after, finding black leggings inside that contained a DNA profile matching Vogelaar's. He was convicted on July 9, 2019, and sentenced to four years' imprisonment. At the appeal stage, Vogelaar's lawyers argued the DNA evidence did not directly link him to the crimes and that the trial judge should have withdrawn the case from the jury. Ms Justice Isobel Kennedy, delivering the judgment of the three-judge court, dismissed the appeal. She stated that the DNA match on the leggings, alongside other items linked to the robbery, significantly strengthened the connection between Vogelaar and the offences. The court concluded there was sufficient evidence that, if accepted by the jury, could lead to a conviction.
A 71‑year‑old man, who was the step‑father of a girl, was convicted in 2019 of 72 counts of indecent assault for sexually abusing her from age seven to twelve between 1973 and 1979. The abuse included oral penetration, genital rubbing, oral sex and forcing the girl to rub his penis while naked at a Dublin address. He appealed in September 2020, arguing that the trial judge's charge to the jury was unbalanced and that a 42‑year delay in prosecution and new evidence presented during the trial were unfair. The Court of Appeal found the judge's charge fair, that no defence objection was made to the new evidence, and dismissed all grounds of appeal. The judge noted the severe fear and anxiety inflicted on the victim, who fled Dublin at 16 and described the abuse as permanently scarred her life.
The Court of Appeal rejected lawyers' argument that higher‑level drug dealers should receive shorter sentences than street dealers for the same quantity of drugs. The three‑judge panel held that the value of drugs should be assessed at street‑level prices, even when the offender is a senior dealer. The case involved Stephen Glynn, 41, who was convicted in 2018 under section 15A of the Misuse of Drugs Act for possession of diamorphine in Drimnagh. Detective Sergeant Brian Roberts testified that the drugs were worth €34,360 on the street, while a senior dealer would fetch only €10,000. Glynn's second offence triggered a mandatory minimum of ten years, with a review after five years. The appeal was dismissed, affirming that the street‑level valuation avoids the absurdity of treating a senior dealer as less culpable than a street dealer.
In a Court of Appeal hearing, an expert on female genital mutilation questioned the evidence used to convict a husband and wife who were jailed for performing the procedure on their daughter. The couple, appealing their conviction, seek a re‑examination of the child to determine whether she was actually subjected to FGM. Professor Birgitta Essen reviewed videos of the 2016 and 2019 procedures and reported that the evidence strongly indicated no mutilation, but a physical examination was needed to confirm this. The prosecution's experts disagree with Professor Essen and argue the report should not be admitted. The court also considered a paediatrician's 2020 attempt to re‑examine the child, which was halted due to the child's distress. The appeal is scheduled for next October, and the court has reserved judgment. The couple were originally convicted in 2019 and sentenced in 2020 to five and a half years and four years nine months respectively. The child's identity is protected. The unnamed appellant pleaded not guilty.
Bianca Francisco, a 24‑year‑old Brazilian rickshaw driver, was sentenced to a 12‑month suspended prison term for possessing and intending to sell ecstasy tablets. The court imposed the suspension on the condition that she leave Ireland within three months. Francisco had been living in Dublin and was believed to still be in Ireland, as she was collecting Pandemic Unemployment Payments. She failed to appear at the Court of Appeal to appeal her sentence, and the appeal was struck out. The judge noted that under the Criminal Justice Act a suspended sentence can be revoked if the terms are breached. Francisco had previously pleaded guilty to unlawful possession for sale or supply of a controlled substance and had been on bail for an earlier drug offence. The court considered her economic circumstances but did not excuse her conduct. The appeal was dismissed, leaving the suspended sentence in place.
The Court of Appeal has quashed the murder conviction of David O'Loughlin for the second time, substituting it with a manslaughter verdict. O'Loughlin, 33, was originally convicted of murdering Liam Manley on May 12, 2013, following a retrial at the Central Criminal Court in January 2019. The three-judge panel, led by Ms Justice Isobel Kennedy, found that the prosecution failed to prove beyond reasonable doubt that O'Loughlin intended to kill or cause serious injury to Mr Manley. The court determined there was no evidence to support the intent required for a murder conviction, describing the case as finely balanced. Consequently, the appeal was allowed, and the murder verdict was replaced with manslaughter. O'Loughlin had previously been sentenced to the mandatory term of life imprisonment for murder. Following this decision, he will appear before the Central Criminal Court on Friday to set a date for a new sentencing hearing, where a judge will impose an appropriate sentence for the substituted manslaughter conviction. O'Loughlin's counsel, Mr Michael O'Higgins SC, stated that his client wishes to sincerely apologise for the death of Mr Manley and thanked the court for its careful consideration.
A man acquitted of IRA membership in the Special Criminal Court has had his case examined for miscarriage of justice findings. Michael Connolly, aged 47 from County Louth, was convicted in 2017 of membership of an unlawful organisation following his arrest in Convoy, Donegal. He spent over fourteen months in custody before the Court of Appeal quashed his conviction in 2018, citing the trial court's refusal to examine intelligence files underlying the Assistant Commissioner's belief evidence. A retrial in 2019 resulted in acquittal. At a recent hearing, Connolly's legal representatives argued the original conviction constituted a classic miscarriage of justice, contending that belief evidence had been formed using case materials in breach of the rule against double counting. They highlighted that disclosure of intelligence file extracts during the retrial directly contradicted the Assistant Commissioner's previous testimony. The Director of Public Prosecutions opposed the miscarriage of justice application, arguing acquittal did not automatically warrant such certification. The three-judge panel reserved judgement. Michael Connolly pleaded not guilty.
In a case heard by the Court of Appeal, Jurijs Savcuks, a 39‑year‑old Latvian national, was found guilty of possession of drugs for sale or supply after transporting €19,240 worth of cannabis from Cork to Dublin to repay a business debt. He had pleaded guilty at Cork Circuit Criminal Court. Savcuks' counsel argued that he had no prior convictions, had a good work record, and was acting under significant duress to repay the debt, and that the sentence of five years with a suspended portion was too harsh. The Court of Appeal, presided over by Mr Justice George Birmingham, rejected the appeal, stating that Savcuks was not addicted to drugs and that his decision to involve himself in drug trafficking had consequences. The judge upheld the original sentence, finding no error in the sentencing approach of Judge Seán Ó Donnabháin.
In March 2021, a husband and wife, jailed for subjecting their one‑year‑old daughter to female genital mutilation (FGM), sought a re‑examination of the child to determine whether the procedure had actually taken place. Their lawyers applied to the Court of Appeal for a "directions hearing" to order the examination. The State opposed the application. The court heard arguments on March 25. The case arose from disagreement among medical experts about the girl's injuries. The couple, aged 37 and 27, had pleaded not guilty to FGM and child cruelty charges. A jury had found them guilty on all counts after almost three hours of deliberation. In January 2020, Judge Elma Sheahan sentenced the man to five and a half years and the woman to four years and nine months in prison.
Michael Cawley, 16 at the time of the offence, was sentenced to three‑and‑a‑half years for an attempted burglary on Brewery Road, Stillorgan, in February 2014. The Court of Appeal, after the Director of Public Prosecutions argued that the sentence was too lenient, increased it to four‑and‑a‑half years. Cawley had tried to jimmy the door with a screwdriver while the homeowner held it shut, and after failing to enter the house he later broke into a home on Wilson Road, Mount Merrion, stealing €5,000 worth of property and a BMW. He had previously fled to the UK, where he committed another burglary in 2016, and had 29 prior convictions. The Court of Appeal noted the aggravating factors, including the planning, the late‑night timing and the confrontation with a homeowner, and imposed the increased sentence with no portion suspended.
A 32‑year‑old transgender woman was convicted by a Circuit Criminal Court jury of ten counts of sexual assault under the Criminal Law (Rape) Act 1990 and one count of child cruelty. The offences took place between September 2011 and September 2013 when the child was five and six years old. A Circuit Court judge sentenced her to six years and six months in prison, suspending the final six months for one year. In a Court of Appeal hearing, the appellant argued that the judge had not given sufficient regard to the difficulties she would face as a transgender woman in prison and that a larger portion of the sentence should have been suspended to encourage rehabilitation. Ms Justice Isobel Kennedy dismissed the appeal, noting the seriousness of the repeated sexual assault, the abuse of a position of trust, and the severe impact on the child.
In a Court of Appeal hearing on 16 March 2021, Mr Justice Seamus Woulfe delivered his first judgment as an appeal court judge. The case concerned Keith O'Donoghue, a 32‑year‑old former drug addict from Limerick, who had pleaded guilty in 2020 to robbery and unlawful car taking on 21 October 2016. O'Donoghue had been involved in an addiction recovery programme, had begun a stable relationship, moved out of Limerick, worked as a volunteer, and taken part in education, training, health and fitness courses, and counselling. He had also paid €1,000 in compensation and had a positive probation report. The original Circuit Criminal Court judge had imposed a four‑year custodial sentence, with the final two years suspended.
Robert Devine, 44, and his son Lee Kelly, 21, appealed their sentences for a 2017 burglary and assault at the home of PJ and Brian O'Reilly. Devine had previously served a ten‑year sentence for manslaughter. The appeal was heard by a three‑judge Court of Appeal. Vincent Heneghan SC for the Director of Public Prosecutions argued that Judge Patrick Meghan should not have imposed consecutive sentences, but the director accepted the effective sentences of 12 and seven years. Ronan Munro SC for Devine presented evidence of rehabilitation, including prison education and positive reports from the prison governor, and requested a release with a programme of probation and addiction counselling. Kathleen Leader SC for Kelly highlighted his youth, remorse, and cooperation with Gardaí, and suggested a suspended portion of his sentence. The Court of Appeal reserved judgement. Robert Devine pleaded guilty. Lee Kelly pleaded guilty.
In March 2018, Brandon Power, aged 22, assaulted Garda Thomas Devereux in Bray courthouse, biting the officer's finger and breaking the bone. He pleaded guilty in 2019 and received a 12‑month suspended sentence, later deemed unduly lenient by the Court of Appeal. The appeal court postponed re‑sentencing to allow Power to engage with probation services. On 15 March 2021, the Court of Appeal, presided over by Mr Justice George Birmingham, warned Power that a severe penalty would follow if he failed to take advantage of the opportunity offered. The court required regular urinalysis, full cooperation with probation, and attendance at all appointments. It emphasized that any prospect of leniency depends on Power's conduct and that a prison sentence is likely if he does not cooperate. The court gave him one more chance to prove his willingness to comply.