In November 2020 the Court of Appeal upheld a six‑and‑a‑half‑year sentence for Mark Harte, 26, who set fire to a Flyefit gym in Coolock in July 2016. Harte admitted the arson was committed for a criminal gang after a drug debt from cocaine use. He appealed the severity of the sentence, arguing he had pleaded guilty, was at low risk of re‑offending and had shown positive rehabilitation progress. The appeal judge, citing the planned nature of the offence and the estimated damage of well over €1 million, found no error in the trial judge's discretion. The original headline sentence of 11 years was reduced to nine years, with the final two and a half years suspended on the condition of addiction counselling. The appeal court did not alter the sentence, confirming the six‑and‑a‑half‑year custodial term as imposed.
A 46‑year‑old man was convicted of 15 counts of sexually assaulting his niece between 1991 and 1994 and four counts of indecent assault between 1988 and 1991. The jury could not agree on verdicts for 20 counts of assault against the niece's sister. He was sentenced to seven years' imprisonment in Dublin Circuit Criminal Court, with Judge Martin Nolan describing the abuse as "in the most grievous way" and estimating over 100 occasions of abuse. The appellant appealed on seven grounds, including alleged collusion between the sisters' statements and the trial judge's failure to warn the jury. The three‑judge Court of Appeal rejected all grounds, upholding the jury verdicts and the conviction. The appeal was dismissed, and the conviction remains in force.
The Special Criminal Court has adjourned the trial of Luke O'Reilly, Darren Redmond, Alan O'Brien, and a fourth unnamed defendant, who are charged with false imprisonment and assault causing serious harm to Kevin Lunney. Defence counsel Michael O'Higgins SC applied for the adjournment, arguing that the law regarding the retention and accessing of mobile phone data is in a state of significant uncertainty. This argument references the appeal by Graham Dwyer, who sought to overturn his murder conviction for the killing of Elaine O'Hara by challenging the use of mobile data under the 2011 Communications (Retention of Data) Act. The European Court of Justice recently ruled in similar cases that member states do not have broad rights to retain such data, and the ECJ hearing for the Dwyer referral is expected to begin in mid-January. The DPP, represented by Sean Guerin SC, requested time to set out the Director's position, noting her desire to proceed with the case. The court, presided over by Mr Justice Tony Hunt, listed the matter for hearing next Thursday at 9.30am. The defendants were sent forward for trial last March, and the original trial date of January 11, 2021, was suspended pending this procedural review.
A retired doctor, aged 86, lost an appeal against a conviction for abusing seven boys over a 21‑year period up to 1992. He had pleaded not guilty to 12 charges of indecent assault and one charge of sexual assault committed during medical examinations beginning in 1971. The Court of Appeal rejected 17 grounds of appeal, including claims that the trial was unfair because of the doctor's age and that the judge's use of the word "compelling" was improper. The judge had told the jury that if the complainants had made their statements independently, the number of complaints would be compelling. The court found no substance to these complaints. The doctor was sentenced to four years in prison, with 18 months on all other counts, all sentences running concurrently. The appeal was dismissed by Ms Justice Isobel Kennedy, Mr Justice John Edwards and Ms Justice Una Ní Raifeartaigh.
In November 2020 the Court of Appeal ruled that a 39‑year‑old English businessman who raped and sexually assaulted two young sisters would not be required to attend the "Better Lives" sex‑offender treatment programme to obtain a suspended portion of his sentence. The man, who denied the offences, had been convicted in 2019 on three counts of rape and eight counts of sexual assault against 10‑ and 12‑year‑old girls. He received a 14‑year jail term with two years suspended, conditional on programme participation. The Court found that the condition could not be imposed before the suspended period became effective, and therefore removed the programme requirement. The suspended two years will be released only if he remains peaceful for two years, stays under Probation Service supervision for the same period, complies with any programme attendance, and has no contact with the victims in perpetuity.
Richard Bourke, aged 37, appealed against an 11‑year sentence for setting fire to the home of Detective Garda John Griffin. The appeal was dismissed by a three‑judge Court of Appeal. Bourke had pleaded guilty to two arson counts in February 2019, claiming he was intoxicated and that the attack was a "f*** you" to the detective, who had charged him with murder two decades earlier. The court noted premeditation, the fact that the house was occupied, and the damage caused. Judge Patricia Ryan had imposed an 11‑year term with the final three years suspended, citing mitigating factors such as Bourke's early guilty plea and his work record. The Court of Appeal found no reason to increase the sentence and upheld the original ruling. The case remains a criminal proceeding with no further outcome reported.
In November 2020 the Court of Appeal ruled that a trial judge had erred by halting a rape trial and directing a jury to acquit an uncle accused of raping and sexually assaulting his niece. The appeal court found the judge's decision was wrong and that the trial should have continued. The uncle had been charged under the Criminal Law (Rape) Act 1990 and Section 2 of the Act for two counts of sexual assault, with alleged incidents occurring between 2001 and 2006. The niece alleged three separate assaults at her grandmother's house, describing the uncle's actions and her attempts to stop him. The prosecution had not called two witnesses – the niece's grandmother and father – who had given statements to gardai. The Court of Appeal, led by Mr Justice George Birmingham, said the defence's argument for acquittal was surprising and that the prosecution's failure to call those witnesses was not a valid reason to halt the trial.
Petronel Pal, 36, was arrested in Dublin last year and is wanted by Romania for an alleged aggravated murder in Navan in April 2014 and for creating an organised crime group. The alleged victim, Virgil Busa, 37, was assaulted at his apartment on 10 April and died three days later. Pal and others are said to have broken into Busa's home, used extreme violence, and that the group was headed by a relative of Pal. Justice Paul McDermott had considered surrendering Pal but withheld a formal High Court order, granting a certificate to appeal on grounds of exceptional public importance. Pal's barrister Remy Farrell SC argued that the Ian Bailey extradition case required proof that Ireland could prosecute in an equivalent circumstance, citing reciprocity and sovereignty. Robert Barron SC, for the Minister, countered that Ireland and Romania exercise extraterritorial jurisdiction on the same basis and that there was no bar to surrender.
The Court of Appeal has dismissed a damages claim brought by Vincent Byrne and Vincent Byrne Junior against the National Asset Management Agency (NAMA). The applicants alleged that NAMA failed to afford them fair procedures and provide clear reasons during the decision-making process for acquiring over €6.2m in loans from AIB. These loans, secured by a fuel station on Parnell Road, Dublin 12, and apartments on Blackhorse Avenue, Dublin, were transferred to NAMA in 2010 after the proposed development failed and the loans went into difficulty. Receivers were subsequently appointed over the properties. In 2016, the Byrnes initiated High Court proceedings, claiming breaches of their constitutional right to fair procedures and rights under the European Convention on Human Rights. They also alleged breaches of the EU Charter and State aid regulations. In 2018, Mr Justice Michael MacGrath struck out the claims regarding the EU Charter and State aid but allowed the fair procedures and ECHR claims to proceed. NAMA appealed this ruling, arguing all proceedings should be dismissed, while the Byrnes cross-appealed to reinstate their full claim. A three-judge panel comprising Ms Justice Aileen Donnelly, Mr Justice Seamus Noonan, and Mr Justice Donald Binchy unanimously ruled in NAMA's favour. The Court of Appeal dismissed the entirety of the Byrnes' claims and their cross-appeal. Mr Justice Noonan stated the claim was statute barred, as it was initiated outside the applicable limitation period of more than six years, rendering it bound to fail.
In a 2020 Court of Appeal decision, the court held that the detention of a Romanian man arrested in Dublin in December 2013 for suspected drink driving was not unlawful, even though the Gardaí failed to inform him that an interpreter was not required and did not record this decision in the custody record. The man was stopped after the officer observed him driving with a traffic cone under his bumper, smelled alcohol on his breath, and noted slurred speech. He claimed he had only had a few drinks at a Christmas party and provided two breath samples at the station. The District Court judge found breaches of the interpretation regulations but the Court of Appeal ruled these breaches did not make the detention unlawful.
In an appeal-stage hearing, Mr Justice Tony Hunt ruled that reporting restrictions banning the media from naming a convicted child rapist should be set aside in the public interest. The 56-year-old defendant, who pleaded guilty in 2015 at the Central Criminal Court to the repeated rape and sexual assault of his wife's two sons over a ten-year period starting in 1993, is contesting efforts by his now-adult victims to have him identified. His lawyers argued that Section 252 of the Children Act 2001 prohibits identification, citing a recent Court of Appeal judgment. However, Mr Justice Hunt determined that the Act allows courts to dispense with restrictions if appropriate for the child's interests. He found the remaining restrictions substantial and unreasonable, noting the victims' desire to speak out to aid recovery and encourage others. Consequently, he ordered the removal of all reporting restrictions. Nevertheless, he placed a 28-day stay on this order pending a potential application to the Court of Appeal by the defendant. The judge noted that if no appeal is filed, the orders will become operative upon the expiry of the stay. He also commented on the interpretation of the term 'child' in the Act, stating that while he believed it does not encompass deceased children or adults, his interpretation must yield to the higher court's ruling.
A man imprisoned for two counts of anal rape against his wife has withdrawn his appeal against his nine-year sentence following guidance from the Court of Appeal regarding recent Supreme Court precedent on marital rape. The 41-year-old, whose identity is protected to safeguard his wife's privacy, was convicted at the Central Criminal Court of the offences committed at their County Mayo home on 18 December 2015. He was acquitted on four additional rape charges relating to earlier occasions in 2015. Before the sentence appeal hearing commenced, Court of Appeal President Justice George Birmingham, sitting with Justices Patrick McCarthy and Isobel Kennedy, drew the appellant's attention to a 2018 Supreme Court judgment. That case concerned a sentence reduction for spousal rape which the Supreme Court subsequently reversed, finding that the lower court had erred by examining the offence in isolation rather than within the broader context of violent and abusive conduct. Following consultation with counsel, the appellant elected to withdraw his appeal, an application the court granted.
In a 2020 Court of Appeal hearing, Brendan Grehan SC argued that a person suspected of a serious offence should be allowed to respond to allegations before being formally charged. He cited a case where a man was charged with reckless endangerment without being arrested or interviewed, leading his lawyers to claim he had no chance to present his side before trial. The trial judge acquitted him on that charge, stating the accused had been denied an opportunity to give a memo of interview to the jury and was forced into giving evidence. Grehan stressed that the right not to testify in defence requires an opportunity to respond to allegations prior to charge. James Dwyer SC, representing the Director of Public Prosecutions, countered that police discretion allows charging without prior interview. The Court of Appeal will issue a judgment later.
In 2017 a 53‑year‑old farm labourer was sentenced to 20 years for raping six children and molesting a seventh over a 17‑year period. The victims, aged between seven and ten when the abuse began, described weekly assaults in farm sheds, outhouses and fields. The man, who started offending at 15, pleaded guilty to 52 charges including oral and anal rape. In November 2020 the Court of Appeal dismissed his appeal, rejecting arguments for a partially suspended sentence and citing the lack of remorse or evidence of rehabilitation. The court noted the severity of the offences, the absence of a "lapse from grace", and the man's adult status at the time of most abuses. The 20‑year sentence, with five years of post‑release supervision, was upheld.
Two Limerick men, Dylan Hayes (25) and Gerard Hogan (37), were found guilty of murdering Shane Murphy at a house‑party in Pallasgreen on 30 April 2015. The jury convicted them of murder after evidence showed Hayes stabbed Murphy repeatedly with a knife, while Hogan allegedly assisted by attacking with a screwdriver and encouraging Hayes. The trial judge imposed a mandatory life sentence on both. In May 2024 the Court of Appeal dismissed appeals by both men. The appellate panel found no error in the trial judge's instructions on provocation or on joint enterprise, and concluded there was no evidence that Hogan had withdrawn from the attack. The appeals were therefore rejected, leaving the convictions and life sentences intact.
A Formula 1 engineer's appeal against a nine-year prison sentence for attacking and falsely imprisoning his elderly landlord has been dismissed by the Court of Appeal. Stefan Schaufler, aged 53, pleaded guilty at Sligo Circuit Court in 2018 to assaulting Michael Lally, aged 81, causing him serious harm, falsely imprisoning him for 29 hours, and robbing him at a house in Sligo. Schaufler lured Mr Lally to a bedroom under false pretence and beat him with a metal bar, causing multiple facial and skull fractures, brain bleeding, and spinal injuries. He also stole Mr Lally's wallet and car before handing himself in to gardaí in Wexford several days later. The Court of Appeal found the nine-year sentence was not excessive given the premeditated nature of the offence, the severity of injuries inflicted on an elderly victim, and the extended period of false imprisonment. The court noted Mr Lally's rescue depended on his family's intervention and gardaí diligence.
Steven Smith, a 44-year-old former resident of Dundalk, Louth, appeared at Dublin Circuit Criminal Court on appeal regarding his conviction for possession and unlawful importation of cocaine. Smith pleaded guilty to concealing 49 pellets of cocaine, valued at €42,920, internally while arriving at Dublin Airport from Brazil via Amsterdam on November 21, 2013. He had previously left Ireland on High Court bail in 2014 but was returned from the United Kingdom in June following a Crime Watch appeal. Judge Martin Nolan noted that Smith, a drug user at the time, acted for reward or debt alleviation and was likely at the lowest level of the trafficking operation. The judge acknowledged Smith's cooperation and admissions. Judge Nolan imposed a sentence of three years and three months, backdated to June to reflect time already spent in custody. Defense counsel Dominick McGinn SC highlighted Smith's history of moving to Canada, his subsequent downward spiral, and his recent efforts to reform, including ending drug use and gaining employment in the UK. The court accepted that the method of importation indicated desperation rather than high-level criminal enterprise. Smith has prior convictions in Canada, the UK, and Ireland for various offences, including assault and theft.
The Central Criminal Court has ruled that a woman accused of murdering her young children must be anonymised, following a Court of Appeal decision. The mother, previously named by the media, will now be protected from identification. She is expected to plead not guilty by reason of insanity at her trial next year, which has been adjourned to allow psychiatric reports. The Court of Appeal held that the Children Act 2001, which normally prevents the identification of a child when someone is charged with an offence against them, does not apply to a deceased child. Mr Justice George Birmingham said the language in Section 252 of the Act is clear and that any change would require legislation. Mr Justice Michael White ruled that naming the mother would identify the deceased children, so she must remain unnamed. The trial is scheduled to last three days before a jury.
Warren Nolan, 18 when he shot Alan O'Neill, 35, in Tallaght on 27 May 2015, was convicted of murder and sentenced to life imprisonment. He appealed to the Court of Appeal on the basis that the case against him was circumstantial, citing the absence of a test on a hoodie that had been lost during the investigation. The trial had found gunshot residue on his gloves and accelerant on his t‑shirt, but the hoodie was never examined. Nolan denied both the shooting and the arson. The Court of Appeal, led by Justice George Birmingham, rejected the appeal, stating that the missing hoodie did not materially affect the fairness of the trial and that the evidence presented was sufficient to uphold the conviction. The appeal was dismissed, leaving Nolan's life sentence intact.
A teenager has appealed to the Court of Appeal against his four-year effective sentence for dangerous driving causing serious bodily harm. The accused, who was 17 at the time of the incident in March 2019, pleaded guilty to dangerous driving, driving a dangerously defective vehicle, failing to stop, failing to keep his vehicle at the scene, failing to report the incident to gardai, and driving without insurance or a licence. He was sentenced last year to six years' detention, with the final two years suspended, and received a 20-year driving disqualification. The court heard that the toddler victim suffered a life-long brain injury and multiple fractures. The appellant's counsel argued that the sentencing judge failed to adequately consider mitigating factors, his youth, and the potential for rehabilitation, while the State maintained the sentence was appropriate. The matter was adjourned as the Court of Appeal reserved its judgment.
The Court of Appeal has added a €20,000 fine to the sentence of Muiris Flynn, a 31-year-old appellant, following a successful DPP appeal against the undue leniency of his original sentence. Flynn pleaded guilty to dangerous driving causing serious bodily harm, drink driving, and driving without insurance at Doon near Boyle on September 24th, 2017. The original sentence, imposed by Judge Francis Comerford, was four years in prison for dangerous driving causing serious bodily harm, with the final two and a half years suspended, alongside concurrent disqualifications for the other charges. The three-judge appellate court, presided over by Justice John Edwards, found the original sentence unduly lenient and nominated a headline sentence of six years. However, considering Flynn's release from prison, his finding of new employment, and the interests of justice in promoting reform, the court decided not to increase the custodial element. Instead, they suspended the unserved balance of the newly imposed three-year term and imposed the substantial €20,000 fine. The court re-imposed the same driving disqualifications as the circuit court, acknowledging the adverse impact on Flynn's social and working life but deeming it an appropriate response to the devastating harm caused to the victims.
In a High Court hearing, lawyers for a 56‑year‑old convicted child rapist argued that the victims, who were under ten when the abuse began in 1993, could not be identified under the Children Act. The defendant pleaded guilty in 2015 to repeated rape and sexual assault of his wife's two sons over a decade. In 2016, Mr Justice Tony Hunt sentenced him to 21 years, suspending the final five. The victims, now adults, had previously waived their statutory anonymity to allow the step‑father's name to be public, but a stay was placed pending related cases. Those cases have finished, and the Director of Public Prosecutions seeks to lift the stay. The defence cited a Court of Appeal decision that the Children Act applies to deceased victims, suggesting it may also prevent identification of child victims. The court adjourned the case to 11 November, noting it would consider a short stay to allow appeal decisions to be known.
In a Dublin Circuit Criminal Court case, a 46‑year‑old man was convicted of 15 counts of sexually assaulting his niece between 1991 and 1994 and four counts of indecent assault between 1988 and 1991. The jury could not reach verdicts on 20 counts of assault against the niece's sister from 1992 to 1995. Judge Martin Nolan sentenced the defendant to seven years' imprisonment, describing the abuse as "in the most grievous way" and estimating over 100 occasions of abuse. The defendant appealed, arguing that the trial judge failed to warn the jury about the lack of corroborating evidence and the possibility of collusion between the two complainants, who had shared notebooks. The appeal was heard by the Court of Appeal, with the judges reserving judgment. The appeal does not alter the conviction or sentence.
The Court of Appeal rejected an application by several media outlets to name a woman who smothered her three‑year‑old child to death with a pillow. The woman had been found not guilty of murder by reason of insanity in a short trial in October last year. Two High Court judges had ordered that the deceased child should not be identified, and the Court of Appeal upheld that order. Paul Murray SC, for the Director of Public Prosecutions, had argued that Section 252 of the Children Act 2001 makes it an offence to publish anything that could identify a child who is an alleged victim of an offence, including a deceased child. The media argued that the Act does not cover a deceased child and that the order protected the mother rather than the child. Mr Justice George Birmingham, President of the three‑judge Court of Appeal, found that the judges had properly applied the law.
A 39-year-old man, Alan Hanley, has appealed his rape conviction, arguing that the trial judge's inadvertent use of the word 'guilt' rather than 'innocence' should result in the conviction being quashed. Hanley, of no fixed abode, was convicted in the Central Criminal Court following three trials. The first jury failed to reach a verdict, the second convicted him, and the third returned a guilty verdict on one of three rape counts but failed to agree on the other two. Mr Justice Alex Owens sentenced him to 12 years in custody. During the appeal, Hanley's barrister, Seamus Clarke SC, submitted that the trial judge had erred in refusing to warn the jury that evidence of a complainant's distress amounted to weak corroboration, and that the judge had inadvertently used the word 'guilt' instead of 'innocence' when explaining the standard of proof and presumption of innocence. The judge had attempted to clarify the matter with the jury, but Mr Clarke argued that this only confused the jurors further. The appeal was heard by Mr Justice Patrick McCarthy, Justice George Birmingham, and Justice Aileen Donnelly, who reserved judgment.
In a High Court hearing on 27 October 2020, the State announced it would not appeal the court's refusal to surrender Ian Bailey to French authorities for a 25‑year sentence imposed by a French court for the murder of Sophie Toscan du Plantier. Robert Barron SC represented the Minister for Justice and informed Mr Justice Paul Burns that the State was not seeking a certificate to appeal. Mr Burns ordered that Mr Bailey recover legal costs for two senior barristers, a junior barrister and a solicitor from the State. He also directed that a copy of the judgment be made available to Ms Toscan du Plantier's family and the French authorities. Mr Bailey, aged 63 and resident in Schull, denies any involvement in Ms du Plantier's death.
Christopher McDonald, 37, from the East Wall area of Dublin, appealed his murder conviction to the Court of Appeal. He was found guilty by a unanimous jury at the Central Criminal Court three years ago for the murder of Keith Walker, 36, at the Blanchardstown Pigeon Racing Club on June 12, 2015. McDonald had pleaded not guilty to the charge, which was proven, and was subsequently sentenced to life imprisonment by Justice Patrick McCarthy. His barrister, Michael Bowman SC, argued that the trial judge erred in refusing to discharge the jury after witness Jason O'Connor allegedly threatened McDonald. Counsel also contended that the jury was prejudiced by hearing McDonald's reply to his arrest, 'Go F**k yourself,' which Bowman suggested indicated a hardness associated with a professional hitman. Additionally, Bowman submitted that the judge erred in ruling that McDonald was unlawfully detained between 5.40 a.m. and 6.10 a.m. on June 13, 2015, and in admitting evidence from an informal identification and forensic samples taken during that period. Justice John Edwards questioned whether the jury would have been so undiscerning as to be prejudiced by the reply to the garda. Court President Justice George Birmingham, presiding with Justice Edwards and Justice Brian Murray, adjourned the hearing of the rest of the appeal to allow both parties to submit further written submissions on the ground regarding the forensic samples and detention.
A 31-year-old man from Geevagh, County Sligo has had his sentence referred for review by the Court of Appeal after being convicted of dangerous driving causing serious bodily harm, drink driving and driving without insurance. The offences arose from a collision on a country road near Boyle, County Roscommon, on 24 September 2017, when his vehicle struck two cyclists. One victim sustained spinal fractures and hip dislocation, requiring prolonged recovery and leaving her unable to return to her former employment as a teacher. The other cyclist suffered significant pelvic fractures and required intensive care treatment. At sentencing in Roscommon Circuit Court, the defendant received four years imprisonment with the final two and a half years suspended, along with an eight-year driving disqualification. The Director of Public Prosecutions appealed the sentence as unduly lenient. The Court of Appeal found the original sentence was indeed unduly lenient and determined that re-sentencing was necessary. The court indicated it would consider all available options, including the possibility of imposing a substantial fine. Judgement is expected by month's end.
John Murphy, aged 46, was sentenced to ten years in prison for the repeated rape and sexual abuse of his younger brother over a decade from 1988 to 1997. The abuse began when the victim was ten and continued while he slept. Murphy pleaded guilty to 12 counts, including three oral rapes, at the Central Criminal Court. The judge set a headline sentence of 13 years, reduced to ten after considering Murphy's admissions and guilty pleas, and suspended the last two years on conditions of psychological treatment, victim‑focused work, and probation supervision. The Court of Appeal dismissed Murphy's appeal, upholding the headline sentence and the decision to suspend the final two years, citing the prolonged period of abuse and the breach of trust within the sibling relationship.
The Court of Appeal adjourned a murder‑conviction appeal until 30 October to allow the appellant, Warren Nolan, to attend in person rather than remotely because of his cognitive difficulties. Nolan, 23, had been convicted of shooting Alan O'Neill, 35, dead in the victim's front garden on 27 May 2015. He was sentenced to life imprisonment. His barrister requested the adjournment after it was discovered that Nolan had not been physically brought from prison to the Criminal Courts of Justice but had been connected remotely. The court noted that it had ordered Nolan's physical appearance despite Covid‑19 restrictions, citing the exceptional circumstances. Justice Birmingham, presiding, directed that Nolan be brought to court to facilitate access to his lawyers and postponed the hearing to the end of the month, with the possibility of further delay into the next year.
A man convicted of rape and sexual assault has had his sentence reduced by eighteen months following a Court of Appeal finding that the trial judge may have imposed a longer sentence than warranted due to comments about remission. The Court of Appeal quashed the twelve-year sentence imposed on Richard Moloney and re-sentenced him to ten-and-a-half years imprisonment. The appeal court found that remarks by the sentencing judge at Dublin's Central Criminal Court in November 2019 suggested he was taking potential early release into account when determining the headline sentence, which departed from standard sentencing practice. Moloney was convicted in July 2019 of rape, oral rape, and sexual assault against his foster daughter in July 2016. He was acquitted of a further charge of anal rape. The court rejected Moloney's appeal against conviction, finding no error in the trial judge's jury instructions.
Patrick O'Driscoll, now aged 23, of Rosewood Drive, Charleville, Co Cork, has been re-sentenced by the Court of Appeal following an appeal against his seven-year prison sentence for the rape of a woman in Co Cork on May 10, 2016. O'Driscoll was 18 at the time of the offence. The appeal was heard by Mr Justice John Edwards, Ms Justice Isobel Kennedy, and Ms Justice Aileen Donnelly. The Court of Appeal rejected the appeal regarding O'Driscoll's conviction, stating that the trial judge did not err in dealing with conflicting accounts of the night of the incident or in directing that the case be taken away from the jury. The appeal also sought to have a portion of the sentence suspended, but this was rejected due to the serious nature of the case. The Court of Appeal found that there was no error in the headline sentence of ten years and that a mitigated sentence of seven years could be considered 'generous'. However, the Court of Appeal addressed the lack of post-release supervision, noting a strong need for such supervision in the circumstances of the case. The appeal was allowed, and the sentence imposed by the court was quashed. O'Driscoll was re-sentenced to seven years' imprisonment with a post-release supervision order for a period of five years.
Stefan Schaufler, a 53-year-old engineer formerly employed in Formula 1, has appealed his sentence at the Court of Appeal for an attack on his 81-year-old landlord in Sligo on 20 June 2018. Schaufler lured Michael Lally to a bedroom under false pretences before beating him with a metal bar, stealing his wallet and car, and confining him in a locked room for 29 hours. Mr Lally sustained life-threatening injuries including multiple facial and skull fractures, a brain bleed, and spinal fractures. At Sligo Circuit Court, Schaufler pleaded guilty to assault causing serious harm, false imprisonment, and robbery. Judge Francis Comerford imposed concurrent sentences totalling nine years imprisonment. Schaufler's barrister argued the sentencing judge erred in severity and failed to adequately consider mitigating factors. The Director of Public Prosecutions contended the offence's gravity justified the sentence, noting Mr Lally's survival depended on chance discovery. Court President Justice George Birmingham reserved judgement pending full deliberation by the three-judge panel.
Patrick Quirke, aged 51, awaits the Court of Appeal's decision on his appeal against a murder conviction for the killing of Bobby "Mr Moonlight" Ryan, aged 52, in 2011. The appeal, presented over four days, lists about 50 grounds, including claims of unfair trial due to prejudicial evidence, flawed search warrant, and improper jury admission of seized material. Quirke's counsel argues the warrant omitted computer references, yet a computer was seized, containing a disputed audio recording of Mary Lowry and Flor Cantillon. They contend the recording was inadmissible and prejudicial. The prosecution maintains the warrant was lawful, the recording admissible, and the evidence of a motor‑vehicle impact credible. The Court of Appeal will consider these arguments before issuing a ruling.
In the appeal of Pat Quirke, the Director of Public Prosecutions argued that evidence of Quirke's bad behaviour towards Mary Lowry was essential to establish his motive for murdering Bobby Ryan. Quirke, 51, was convicted of the 2011 murder of DJ Bobby Ryan, 52, who disappeared after leaving Lowry's home. Quirke's defence claimed the trial was unfair, citing evidence of Quirke removing underwear from Lowry's washing line and police suggestions of "cash on demand and sex on demand." The prosecution maintained that Quirke killed Ryan to rekindle his affair with Lowry, who had previously been his lover and financial supporter. The appeal also contested the validity of a warrant that seized Quirke's computer, arguing it was improperly framed and infringed on privacy rights. The court will consider these submissions in the ongoing appeal.
In a Court of Appeal hearing, the Director of Public Prosecutions' counsel, Michael Bowman SC, defended the fairness of Patrick Quirke's trial. Bowman argued that the trial judge correctly exercised discretion by allowing the jury to hear evidence of Quirke's "obsession" with his former lover, Mary Lowry. Lowry was involved with the deceased, Bobby Ryan, whom Quirke murdered. Quirke, aged 51, was convicted of Ryan's murder, which occurred after Ryan vanished on 3 June 2011. The body was found in a disused underground tank on 30 April 2013. Bowman continued his submissions later that day.
In the Court of Appeal, Bernard Condon SC argued that prejudicial Garda comments about Patrick Quirke's alleged cash and sex dealings should not have been allowed in the farmer's murder trial. Quirke, 51, was convicted of murdering DJ Bobby "Mr Moonlight" Ryan, 52, in 2011. Condon focused on six Garda remarks that portrayed Quirke as exploiting Mary Lowry, including a mockery question about cash and sex on demand. He also raised concerns about Garda questions implying Lowry was wronged, prurient inquiries, and a claim that Quirke's internet search on body decomposition was "blown out of the water." Condon further complained about undisclosed evidence, lack of forensic accounting, failure to search vehicles, and the trial judge's instruction that the jury could decide what happened. The appeal hearing continues tomorrow.
In the appeal of Patrick Quirke's 2020 murder conviction, counsel Bernard Condon argued that Quirke was denied a fair trial and that the conviction relied on circumstantial evidence that should not have been admitted. He contended that witness Mary Lowry was an "extraordinarily compromised witness" whose statements were inconsistent, biased, and presented as vulnerable by the Gardaí, yet the court treated her as reliable. Condon highlighted that the prosecution failed to call forensic experts on financial matters and that the jury was exposed to prejudicial comments, including a Garda remark that Quirke had "cash on demand and sex on demand" from Lowry. He also challenged the admissibility of pathologist testimony and entomological evidence, claiming the prosecution's speculative theories were unfair. The appeal will continue before a three‑judge panel.
Patrick Quirke was convicted of murdering Bobby 'Mr Moonlight' Ryan, a barrister, and is appealing the verdict. The Court of Appeal heard that the conviction relied on circumstantial evidence, including "tittle tattle" about who looked "crooked" at parties, and that some evidence was not properly proved. Quirke's counsel, Bernard Condon SC, argued that the jury heard prejudicial comments from Gardaí, such as a statement that Quirke had "cash on demand and sex on demand" from Mary Lowry. Lowry was in a relationship with Ryan at the time of his death and had previously had an affair with Quirke after her husband's death in 2007. The prosecution claimed Quirke killed Ryan to rekindle that affair. The appeal will last four days before a three‑judge panel.
A man from Dublin has appealed his extradition to Northern Ireland on a charge of attempted murder of a Police Service of Northern Ireland officer. Ciaran Maguire, aged 29, and a co-accused were arrested in County Donegal and are wanted in connection with the alleged attempted murder of a police officer and possession of explosive substances with intent to endanger life. Both charges carry a maximum sentence of life imprisonment. The High Court ordered Mr Maguire's surrender in February, but leave to appeal was granted the following month. At the Court of Appeal hearing, his legal team argued that his exercise of the right to silence during interviews at Milford and Letterkenny Garda Stations could be used adversely against him in Northern Ireland proceedings, raising constitutional concerns. The State's counsel contended that Northern Irish authorities had confirmed adverse inferences would not be drawn from his silence. The Court of Appeal reserved judgment on whether Mr Maguire's constitutional rights would be egregiously breached by his return for trial.
In 2020, a 53‑year‑old man was sentenced to ten years in prison for 56 counts of indecent assault on his toddler cousin between 1982 and 1986. The abuse began when the victim was about two and a half and continued until she was six or seven. The man, who was 15 when the first assault occurred, forced his penis into the child's mouth and placed her on a toilet seat to facilitate the attacks. The victim, who has no recollection of a time when she was not terrified, attempted suicide at 15 and has struggled with alcohol and employment in her twenties. The Court of Appeal rejected the appellant's appeal, holding that the sentence was proportionate to the gravity of the offences and the victim's age and prolonged nature of the abuse. The appeal was dismissed by Mr Justice Patrick McCarthy.
In a Court of Appeal hearing on 9 October 2020, 39‑year‑old gangster "Fat" Freddie Thompson, who was jailed for life by the Special Criminal Court in August 2018 for the murder of David 'Daithí' Douglas, announced his intention to appeal. Douglas was shot six times on 1 July 2016 while lunching at his partner's shop in Shoestown, Dublin 8. Thompson's lawyers, Michael Finucane Solicitors, will come on record for the appeal, but have not yet filed grounds of appeal. Free legal aid has been granted to the solicitors, who will set a date for filing. Freddie Thompson pleaded not guilty.
In a 2020 Court of Appeal decision, the sentence of Ryan Compton, aged 30, was upheld at four years with two years suspended for assault causing serious harm to Nigel Walsh. Compton, a Londoner living in Cork, had stabbed Walsh five times with a four‑and‑a‑half‑inch embroidery scissors during a confrontation at Grand Parade on 22 March 2019. Walsh suffered punctured lungs, chest, back, elbow and armpit injuries and required intensive care, including a breathing tube. Compton admitted buying the scissors out of fear of Walsh's threats, which had persisted for nine months. The appeal, brought by the DPP, was dismissed after the Court of Appeal found the original sentence appropriate, noting Compton's lack of prior convictions and mitigating circumstances. No sentence increase was granted.
Patrick Quirke, aged 50, is appealing his conviction for the murder of Bobby "Mr Moonlight" Ryan, who was found dead in an underground tank in April 2013. The Court of Appeal heard that the appeal will involve 5,500 pages of trial transcript, with the State's documents still pending. Three days have been set aside for the hearing, with a possible extra day, and free legal aid has been approved. Quirke's counsel, Bernard Condon, aims to finish the appeal within the three days if possible. The appeal follows a 13‑week trial where a jury found Quirke guilty by a 10‑2 majority, and he received a mandatory life sentence. The case centres on allegations that Quirke killed Ryan to rekindle a relationship with Mary Lowry and staged the body's discovery after Lowry tried to terminate his lease. Quirke denies the murder and claims the prosecution failed to prove beyond suspicion, citing inconsistencies in Lowry's testimony.
In 2020 the Court of Appeal heard an appeal against a five‑year sentence imposed on a 43‑year‑old man who sexually abused a boy and possessed vast amounts of child pornography. The man had been convicted in 2011‑2013 of two counts of sexual assault, sexual exploitation and production of child pornography, and had pleaded guilty to possession for distribution in 2006 and possession of child pornographic material in 2013. Gardaí seized over 55,000 images, 6,000 videos and 4,500 text files, including a 127‑page manual on how to exploit children. The appeal argued the sentence was unduly lenient, citing the maximum 14‑year term for the offences, the presence of 19,000 Category 1 images, and the fact that the defendant had spent three years in a Philippine jail after his passport was revoked.
In October 2020 the State appealed a five‑year jail term imposed on 46‑year‑old Mark O'Dwyer, who had pleaded guilty in July 2017 to possession of drugs for sale or supply at a Ballyfermot Drive address. The drugs, worth €4,170,932, were found in a garage in a Dublin housing estate, described by Gardaí as a large‑scale drug distribution hub. O'Dwyer had 41 prior convictions and also pleaded guilty to three charges of possessing stun guns. He was recruited on the day with a promised €1,500 that never materialised. The appeal cited the case of Stephen Sarsfield, who received a seven‑year sentence for the same offence, as a comparator. The DPP argued that O'Dwyer's five‑year sentence was unduly lenient and a substantial departure from sentencing norms, and that the judge erred in granting an excessive reduction from the mandatory minimum of ten years.
Cornelius Price, a 38‑year‑old former gang boss from Drogheda, has appealed a ruling that upheld the calculation of his release date from Wheatfield Prison. Price was convicted in February 2017 for recklessly endangering life or safety in an incident at Balbriggan Garda station in January 2014, where he drove a van at high speed at Garda Gary Dillane. He served three‑quarters of a three‑year sentence, with a quarter remission, and was released on 18 May 2019. Price argues the Irish Prison Service used days to calculate his release, whereas he believes months should have been used, which would have released him on 17 May 2019, 24 hours earlier. His counsel, Paul Carroll SC, contended the IPS's method was unsatisfactory and not based on statutory provision. The Court of Appeal heard the case on Wednesday, with the High Court having previously dismissed his challenge. The appeal remains pending, with the Court of Appeal reserving judgment.
In October 2020, a 39‑year‑old English businessman appealed the 14‑year prison sentence he received for raping and sexually assaulting two sisters aged 10 and 12 between December 2010 and March 2011. The trial, held at the Central Criminal Court, lasted 42 days and involved three counts of rape and eight counts of sexual assault. The defendant was sentenced to 14 years, with two years suspended on the condition of participating in the "Better Lives" treatment programme for sex offenders. He maintains his innocence and disputes the jury's verdict. In March 2020, his appeal against conviction on 11 charges was dismissed by the Court of Appeal, which rejected claims that the girls' interviews by specialist Gardaí were fundamentally flawed. The Court of Appeal, presided over by Mr Justice George Birmingham, reserved judgment on the appeal. The case remains at the appeal stage.
In October 2020, a 53‑year‑old man was sentenced to ten years in prison for 56 counts of indecent assault on his toddler cousin between 1982 and 1986. The offences involved forcing his penis into the child's mouth and placing her on a toilet seat. The victim, who was about two and a half when the abuse began, described enduring terror, a loss of trust, and an attempt to kill herself at age 15. She also expressed guilt for "making a fuss" during the trial. The man, who was 15 at the start of the abuse and under 18 for most of it, appealed the sentence, arguing that the headline term of 14 years was excessively high and that his age and good character had not been adequately considered. The Court of Appeal adjourned the case for judgment on 9 October 2020. The unnamed man was convicted.
Marius Purcil, a 41‑year‑old convicted rapist, lost an appeal against his sentence for a lunchtime sexual assault on a receptionist in Dublin. On 21 January 2017, Purcil entered a holistic therapy centre, asked for a massage, and when denied, offered money for sex. He became aggressive, punching the receptionist, head‑butting her, and using a Swiss army knife to threaten and choke her to unconsciousness twice. He cut her clothing and sexually assaulted her. The attack ended when another employee intervened. Purcil had eight prior convictions, including a rape of a boy in Romania. Judge Martin Nolan sentenced him to five years for the sexual assault and three years for assault causing harm, to run consecutively, with the final two years suspended. Purcil's barrister argued the judge erred in imposing consecutive sentences, but the Court of Appeal, presided by Justice George Birmingham, upheld the judge's decision and dismissed the appeal.