A judge's order banning the publication of a convicted child rapist's name was appealed by the DPP. The order, made by Mr Justice Michael White on 17 May 2019, followed the conviction of a 49‑year‑old Wicklow man for four rapes and two indecent assaults between 1987 and 1989. The man was sentenced to seven years' imprisonment in May 2019. The victim, now 42, was unaware she could waive her anonymity to allow the rapist's name to be published. The DPP argued the judge's order was unnecessary, invalid and contrary to the Criminal Law (Rape) Act 1981, which permits publication of a convicted rapist's name if the victim waives anonymity. The Court of Appeal reserved judgment on the appeal, while the man also appeals his conviction and sentence. The unnamed 49-year-old pleaded not guilty.
In a Dublin incident on 3 January 2017, Laura Kenna, a homeless woman aged 37, slit the throat of civil servant Fionnuala Bourke while walking home from work. Kenna was arrested the following day and later pleaded not guilty by reason of insanity, citing a diagnosis of schizoaffective disorder. She was convicted of attempted murder and assault causing harm, and in April 2019 the Central Criminal Court imposed a 15‑year prison term, of which five years were suspended. The Court of Appeal dismissed Kenna's appeal against both the conviction and the sentence. The appeal was rejected on the basis that the jury's verdict was supported by credible expert testimony, and the sentencing judge's decision was deemed proper for the gravity of the offence. Kenna must serve the 10‑year custodial term imposed by the court.
In a 2020 Court of Appeal decision, a Cork farmer, Mr George Ross, was cleared from a second prosecution over the death of 14‑year‑old Micheál Murphy, who fell from a tractor in 2013. The appeal overturned a prior ruling that the Health and Safety Authority (HSA) could pursue a new charge under the Safety, Health and Welfare at Work Act. Mr Ross had already been convicted in 2014 for a Road Traffic Act offence related to the same incident and fined €700. The judge, Ms Justice Aileen Donnelly, criticised the seven‑year delay between the death and the appeal, noting it reflected poorly on the State. She found no special circumstances to justify sequential prosecutions and rejected the HSA's claim that additional evidence had only emerged after the tractor was seized. Consequently, Mr Ross will not face the HSA charge, which carries a maximum fine of €3 million and a two‑year prison term.
David O'Loughlin, aged 33, has lodged a second appeal against his conviction for the murder of Liam Manley, 59, a homeless man who died after being thrown into a 40‑ft rubbish chute at Garden City Apartments in Cork. The appeal was filed on Wednesday, with counsel Michael O'Higgins arguing that O'Loughlin intended a "soft landing" in a bin cushioned by rubbish bags, but the chute was blocked and became a death trap. O'Higgins contended the bags broke the chain of causation and that the act was not designed to inflict injury, though it contained humiliation. He also claimed the trial judge erred by not properly charging the jury on the reliability of witness David O'Mahony and by allowing O'Loughlin's post‑incident statements to Gardaí as evidence. The DPP's counsel, Patrick McGrath, countered that O'Loughlin was fully aware of the chute's danger and that no third‑party act could absolve him.
A man from Longford has failed in his bid to overturn a drug-driving conviction at the Court of Appeal. Patrick Clyne was convicted by Longford District Court on 5 March 2019 of drug driving, receiving a twelve-month driving ban and a €250 fine. He was arrested at a Garda checkpoint on Market Street, Granard on 29 January 2018 after testing positive for cocaine. A blood sample subsequently revealed a concentration of 515.2 milligrammes per millilitre of cocaine. Clyne appealed on the basis that the arresting Garda had not properly applied section 13B(1) of the Road Traffic Act 2010, arguing that the omission of the word "or" in the legislation required multiple tests before a blood sample could be lawfully taken. The Court of Appeal, presided over by Ms Justice Úna Ní Raifeartaigh, rejected this interpretation, finding no ambiguity in the relevant statute and confirming that fulfilling any one of the prescribed conditions was sufficient.
Eddie Farnan, 38, pleaded guilty to assault, threatening to kill and criminal damage after a violent domestic incident on 2 June 2017. He was given a 33‑month suspended sentence by the Dublin Circuit Criminal Court in October 2019. The DPP appealed, arguing the sentence was too lenient, but the Court of Appeal rejected the appeal. The court noted Farnan's extensive rehabilitation efforts, including a residential programme for addiction and engagement with services, and considered these mitigating factors. The judges acknowledged the brutality of the offence but concluded that a custodial sentence would undermine Farnan's progress. Consequently, the suspended sentence was upheld, with no custodial term imposed. The decision highlighted the balance between punishment for domestic violence and the potential benefits of rehabilitation outside prison.
A man from Tuam, County Rosemmon, must serve eighteen months in prison following a Court of Appeal decision that his original suspended sentence was unduly lenient. Stephen Connor, aged 43, pleaded guilty in July 2019 to assault causing harm, false imprisonment, and producing a knife during an incident at a house in Letterkenny, County Donegal, on 5 May 2018. The sentencing judge had imposed a two-and-a-half-year sentence but suspended it in full. The Director of Public Prosecutions successfully appealed, arguing the sentence failed to reflect society's condemnation of domestic violence or incorporate adequate deterrence. The Court of Appeal found Connor's case contained no exceptional circumstances warranting full suspension. Justice Úna Ní Raifeartaigh, sitting with two colleagues, ruled that while the two-and-a-half-year custodial sentence remained appropriate, the final year would be suspended as a matter of appellate practice.
The Court of Appeal has ordered Sidney Sutton, an accountant and father of two, to return to prison for a further 16 months after ruling his original sentence unduly lenient. Sutton, who pleaded not guilty to all charges, was convicted in 2019 at Trim Circuit Criminal Court on four counts of assault, one count of assault causing harm, and one count of producing a knife capable of inflicting serious injury. He had previously served a one-year jail term after being sentenced to two years, with the final 12 months suspended. The offences, alleged to have occurred in February 2016, involved Sutton allegedly assaulting his then-partner, Edele Aherne, and stabbing her in the leg and shoulder. Sutton had accused Ms Aherne of assaulting him and inflicting her own injuries through self-harm. Mr Justice Edwards, presiding with Ms Justice Donnelly and Mr Justice McCarthy, allowed the DPP's appeal on grounds of undue leniency. The court determined the appropriate headline sentence was four years, reduced by 20 months to account for Sutton's lack of previous convictions and good work record. The judges rejected arguments that alcohol consumption reduced culpability, describing the incident as extreme domestic violence. Sutton was ordered to present himself at Ballymun Garda station on October 16. The court also refused an application to adjourn the hearing pending Sutton's separate appeal against his conviction, citing exceptional circumstances and concerns about the abuse of court processes.
The Court of Appeal has dismissed an appeal by a debt collector against an 18-month custodial sentence imposed for intimidation and harassment offences. Kevin Molloy, aged 51, originally from Donegal and currently residing in Cavan, was convicted in May at Mullingar Circuit Criminal Court of harassing a man and his daughter between April and August 2015. His offences included threatening to kidnap and harm an individual, and arranging the distribution of defamatory flyers at equestrian events and in Mullingar. Molloy, who operated a debt recovery business based in Kildare, received a headline sentence of four years with 18 months suspended. The three-judge court, presiding over the appeal on Friday, upheld the sentencing judge's assessment that the offences fell within the upper mid-range. The judges described the 18-month actual custodial term as generous and rejected claims the sentence was unduly harsh. The court also upheld a seven-year ban on Molloy operating as a debt collector, deeming it legitimate and proportionate. Molloy was permitted time to arrange his affairs before beginning his sentence on 30 September.
The Court of Appeal has reserved judgment on an appeal by Richard Moloney, a 42-year-old man from Roscrea, Co Tipperary, who seeks to have his convictions for rape and two other sexual offences declared unsound. Moloney was found guilty by a jury in July 2019 of raping his then 16-year-old foster daughter, Ciara Monaghan, at their home in 2016. He was acquitted of a fourth count of alleged anal rape. In November of the previous year, the Central Criminal Court sentenced Moloney to 12 years in jail. His legal team argued that the trial judge's jury directions created a risk that jurors felt obliged to choose between competing versions of evidence, ignoring the possibility of a third outcome. They also appealed the severity of the sentence, claiming the headline 14-year term was excessive given the single-incident nature of the offences. The Director of Public Prosecutions opposed the appeal, noting the jury's ability to distinguish evidence by acquitting one count while convicting on others. Counsel for the DPP also opposed any sentence reduction, highlighting the "explosively destroyed" trust in the foster relationship. Ms Monaghan, who waived her anonymity, stated in a victim impact statement that she had made multiple suicide attempts since the incident. The appeal was heard by Mr Justice George Birmingham, Ms Justice Isobel Kennedy, and Ms Justice Úna Ní Raifeartaigh, who reserved their judgment.
An unnamed 71-year-old man has appealed his conviction and sentence at the Court of Appeal. He was convicted in March 2019 by a jury at Dublin Circuit Criminal Court of 72 counts of indecent assault, allegedly committed against his step-daughter between 1973 and 1979. The appellant, who denied the charges, was sentenced to ten years' imprisonment. Counsel Mr Paul Greene SC argued the appeal on five grounds, including a 42-year delay in prosecution, the trial judge's refusal to remove certain counts, and inadequate jury warnings regarding delay and corroboration. He further claimed the trial was unfair due to late-emerging evidence not in the Book of Evidence and issues concerning the victim's mother's whereabouts. The State, represented by Mr Diarmuid Collins BL, countered that no new witnesses could provide detail on the intimate nature of the abuse and that the appellant was not prejudiced by the delay. The three-judge panel, presided over by Mr Justice John Edwards, reserved its decision for a maximum of two weeks before an electronic judgment is released. The matter remains pending and has not been finalised.
In a High Court case, a boy with autism, whose identity is protected, challenged the State's refusal to provide school transport. The boy lives in a rural area and, after consultation with the Minister for Education and health professionals, was directed to attend a primary school that was not the nearest national school but was deemed most suitable for his needs. An application for transport to that school was denied because it was not the nearest school to his home. The boy's appeal against this decision was dismissed in July without reasons. His lawyers, represented by Derek Shortall BL, have now brought judicial review proceedings against the National Council for Special Education, the Minister for Education and Skills, and the School Transport Appeals Board. They seek an order quashing the refusal, declarations that the lack of reasons breaches fair procedures and constitutional justice, and a remittal for reconsideration.
A man from Claremorris in County Mayo has had his prison sentence reduced following a successful appeal against its severity. Mark Walsh, now aged 32, was originally sentenced to five years imprisonment, with the final year suspended, at Castlebar Circuit Criminal Court in October 2019 after pleading guilty to six counts of sexual assault against a young girl committed between 2006 and 2010. The Court of Appeal today reduced his sentence to four years imprisonment with the final year suspended. The three-judge panel found that the sentencing judge had failed to adequately consider Walsh's age at the time of the offences, when he was between 17 and 18 years old. The court also determined that the headline sentence of six years had been set too high and that significant mitigating factors had not been properly weighed. Walsh's sentence is now to be suspended for a period of three years.
Patrick Quirke, a 50‑year‑old farmer from Breanshamore, Co. Tipperary, is appealing his conviction for the murder of Bobby 'Mr Moonlight' Ryan, a 52‑year‑old part‑time DJ who vanished on 3 June 2011. The body was found in an underground run‑off tank on Ms Lowry's farm, leased by Quirke, in April 2013. Quirke denies the murder, arguing the prosecution failed to prove guilt beyond suspicion and that Mary Lowry, the alleged witness, is unreliable. The Central Criminal Court jury found him guilty by a 10‑2 majority after 13 weeks of trial, and he received a mandatory life sentence. The Court of Appeal will hear his appeal remotely on 13 October, with both sides submitting over 100 pages of legal material. The hearing is expected to last less than four days, though the exact duration remains to be confirmed by the court. The case remains at the appeal stage, with no further outcome announced.
The Court of Appeal has increased the prison sentence of Oliver Berry, a 63-year-old father from Mullingar, Co Westmeath, from ten to 13 years for the rape and sexual assault of his daughter, Jennifer Berry. In November 2018, a jury at the Central Criminal Court convicted Berry of 105 counts of raping and sexually assaulting his daughter between December 1982 and December 1994, when she was aged seven to 19. Berry, who pleaded not guilty to all charges, maintains his innocence and has a separate application before the Court of Appeal against his conviction. The Director of Public Prosecutions appealed the original ten-year term, arguing it was too lenient given the severity of the offences, which included rape during the victim's pregnancy. The Court of Appeal, presided over by Mr Justice George Birmingham, found that the sentencing judge had erred by giving undue weight to mitigating factors such as Berry's age and lack of previous convictions. The court ruled that the original reduction from a headline sentence of 15 years was disproportionate. Consequently, the actual custodial sentence was increased to 13 years. Jennifer Berry waived her right to anonymity to allow her father to be publicly named in the proceedings.
The Court of Appeal in Dublin has quashed a fully suspended sentence imposed on a man convicted of assault causing serious harm to a Defence Forces member. Cian Cox, aged 26 and originally from Breaffy, County Mayo, pleaded guilty to the attack on David McCormack outside the Electric Garden nightclub on Abbeygate Street, Galway on 5 May 2017. Mr McCormack sustained life-threatening injuries including a twelve-day coma and required four operations. The Director of Public Prosecutions successfully appealed the original four-year suspended sentence on grounds of undue leniency. The Court of Appeal, presided over by Mr Justice George Birmingham, retained the four-year term but suspended only the final two and a half years, meaning Cox must serve eighteen months in custody. The court found that the seriousness of the offence and the victim's permanent physical and psychological injuries warranted a custodial element, notwithstanding Cox's guilty plea, remorse, compensation payment of €13,000, and clean record.
The Court of Appeal dismissed a 15‑year‑old boy's appeal against separation measures imposed after an eight‑hour stand‑off at Oberstown Children Detention Centre. The boy had challenged the decision to separate him from other detainees, seeking a written decision, notice of terms, an opportunity to represent himself and an appeal. The High Court had ruled that the measures were lawful and proportionate, noting that the boy had used threatening language, vandalised a staff office and participated in the stand‑off. Under the six‑day plan he was allowed to stay in his bedroom, engage in physical activity, use the multi‑purpose room, and make phone calls to his mother, girlfriend and solicitor. The Court of Appeal, with Justices Whelan, Haughton and Murray, found no breach of rights and upheld the separation as proportionate and appropriate, rejecting the appeal.
Paul Connolly, 38, of Cregg Court, Kilmeague, Robertstown, Co Kildare, dropped his appeal against an eight‑and‑a‑half‑year prison sentence imposed by the Dublin Circuit Criminal Court in May 2019. Connolly had pleaded guilty to dangerous driving causing serious bodily harm to Michael Igoe, 54, and Francis Dhala, 19, after driving onto a busy footpath while under the influence of drugs on Coolmine Road on 1 May 2018. The incident left Dhala, a law student, with a catastrophic brain injury. Connolly was driving his young child to school at the time and had a 25‑year driving ban and had been released from prison a month earlier. He also pleaded guilty to driving under the influence of drugs, possession of cannabis, failing to remain at the scene, failing to offer assistance, failing to alert Gardaí, and driving without insurance or a licence. The judge, Melanie Greally, imposed the sentence but suspended the final 18 months.
The Court of Appeal rejected the appeal of Samina Sajjad, a 52‑year‑old retired postmistress, against a seven‑year jail term for smuggling 13.69 kg of heroin worth about €1.9 million through Dublin Airport. Sajjad, who had no prior convictions and pleaded guilty, was stopped by gardaí after a flight from Doha. The court found no evidence that the sentencing judge had ignored mitigating factors, noting the headline 10‑year sentence had been reduced to seven years after consideration.
Patrick Quirke, a 50‑year‑old farmer from Breanshamore, Co. Tipperary, is appealing his conviction for the murder of Bobby Ryan, a 52‑year‑old part‑time DJ known as 'Mr Moonlight'. The Court of Appeal heard that the appeal could last up to four days, though the President, Mr Justice George Birmingham, hoped for a shorter hearing. Quirke denies murdering Ryan, who disappeared on 3 June 2011 after leaving his girlfriend Mary Lowry's house. Ryan's body was found in an underground run‑off tank on Lowry's farm, leased by Quirke, in April 2013. The prosecution argued Quirke killed Ryan to rekindle a relationship with Lowry and staged the body's discovery after Lowry sought to terminate the lease. Quirke's lawyers claim the evidence is inconsistent and unreliable, particularly Lowry's testimony.
The Court of Appeal reduced a 69‑year‑old man's eight‑year jail sentence for five counts of indecent assault on his daughter, who was aged nine to ten when the offences occurred between 1985 and 1986. The original nine‑year sentence, with the last 12 months suspended, was imposed by the Dublin Circuit Criminal Court after the man pleaded guilty to touching and penetrating his daughter's vagina and forcing her to touch his penis. The appeal argued that the sentencing judge had erred by not hearing mitigating factors such as the man's poor health, alcohol addiction, lack of prior convictions, low risk of re‑offending and his own childhood abuse. The Court of Appeal agreed that the sentence was "disproportionate to a limited extent" and reduced it to eight years, keeping the final 12 months suspended. The case remains at the appellate stage.
Andrzej Benko, a 48-year-old Polish national from Mulhuddart, is appealing his conviction for the attempted murder of his wife, Joanna. Benko was found guilty by a jury at the Central Criminal Court in April 2014 and sentenced to 15 years for striking his sleeping wife on the head with a lump hammer on July 5, 2010. At the Court of Appeal, Benko's legal team argued that the conviction is unsafe, claiming the trial judge failed to properly guide the jury on inferring that death was a natural and probable consequence of the assault. They contended that while Benko admitted to intending to kill his wife at various stages, it was unclear if he held that specific intent during the physical attack. Defence counsel also noted that a request to add a charge of assault causing serious harm, to which Benko would have pleaded guilty, was refused by the DPP. Prosecutors countered that it was common sense that striking a sleeping woman three times on the head with a heavy weapon intended to kill. The court heard that Benko had alerted emergency services and presented himself to gardaí. The panel, presided over by Mr Justice George Birmingham, reserved judgement in the appeal.
In September 2018, Bernard Joyce, 45, of Newtown, Beauparc, Slane, was found guilty of possessing €911,600, the proceeds of criminal conduct, under the Money Laundering and Terrorist Financing Act 2010. Garda Stephen Burke described how the cash was concealed in two gear bags inside a hollow section of a camper van, wrapped in brown sellotape and surrounded by onions to deter a sniffer dog. The cash was recovered at Arnestown, Foulksmills, Co Wexford. Joyce pleaded guilty and was sentenced to five years' imprisonment, with the final two years suspended on the condition of a €200 bond while in prison and after release for two years. The DPP appealed, arguing the sentence was "unduly lenient" and that the judge had not adequately considered the amount of cash, its concealment, and Joyce's attempt to flee. The Court of Appeal has reserved its judgement.
The appeal in the case of Mark Crawford (43), who is alleged to have murdered Patrick 'Pa' O'Connor (24) at Fitzgerald's Bar, Sexton Street, in Limerick city between July 7 and July 8, 2018, is ongoing. Crawford has pleaded not guilty to the charge of murder. The State has argued that there was nothing to justify the use of force against the deceased, let alone the level of force used, which resulted in six stab wounds, including two fatal ones to the heart and jugular vein. The prosecution has highlighted that Crawford admitted stabbing the deceased to gardai but claimed self-defence. Assistant State Pathologist Dr Margaret Bolster testified that the deceased sustained six stab wounds. The State has also pointed to evidence suggesting Crawford disposed of the flick-knife used in the attack and moved to multiple locations before surrendering to gardai. Defence counsel Patrick McGrath SC has argued that Crawford was genuinely distressed and remorseful, and that the appropriate verdict, if there is doubt about his intention or if he mistakenly believed he was under threat, would be manslaughter. The matter is adjourned for the jury to be charged by Ms Justice Tara Burns.
Jonathan Hawthorn, a 47‑year‑old former IRA member, was convicted by the Special Criminal Court for membership in the Irish Republican Army after an FBI agent uncovered a Dublin plot to purchase a grenade and Semtex online. Hawthorn had received a fake DHL delivery of the items, which were disguised as Play Doh, and was arrested at St James Hospital in September 2016. The court imposed a headline sentence of six and a half years, later reduced to five years when mitigating factors were considered. Hawthorn appealed, arguing the sentence was excessive and that he was not in a senior leadership role. His counsel cited the court's sentencing parameters, noting that the maximum term for membership is eight years and that a term of 64 months to eight years is reserved for the most serious cases. The Court of Appeal rejected the appeal, affirming the sentence as appropriate for a "significant player" in the organisation.
In September 2020 the Central Criminal Court declared the 2003 murder conviction of Yusif Ali Abdi a miscarriage of justice. Abdi had spent 16 years in prison before the Court of Appeal quashed the conviction in February 2019 and ordered a retrial. The retrial found him not guilty by reason of insanity, after evidence that he had been diagnosed with paranoid schizophrenia in 2013. The court granted Abdi leave to seek compensation from the State. The case involved the death of his 20‑month‑old son, Nathan Baraka Andrew Ali, who was found dead in the living room of their Clane apartment on the night of the killing. The retrial relied on psychiatric testimony that Abdi had been suffering from schizophrenia since 2001, a fact that had not been recognised at the original trial. The court's decision was based on the new diagnosis being a newly‑discovered fact that proved the original verdict was fundamentally wrong. Yusif Ali Abdi was acquitted.
An Albanian man, Emri Bardhoshi, fraudulently obtained Irish citizenship by pretending to be a Kosovan refugee, using a false identity that was five years younger than his actual age. He was granted Leave to Remain in 2007 and later naturalised under this false identity, also obtaining passports for himself and three of his four children. In 2017 he developed liver problems and feared that his understated age would affect treatment, prompting him to consult a solicitor and bring his case to authorities. He pleaded guilty to four offences related to passport fraud and a false declaration in his 2012 citizenship application. The Court of Appeal reduced his original 18‑month suspended sentence, imposing a total of three years in prison with nine months suspended, and required him to comply with conditions including a bond for good behaviour and a Garda visit on 1 September.
Patrick Nevin, a 38‑year‑old serial sex offender, had his 12‑year jail term increased by two and a half years after an appeal by the State. Nevin had attacked three women he met on Tinder in July 2014, raping one in Bellewstown and assaulting two others in County Meath. He had previously been sentenced to five and a half years for a third assault at UCD. The Court of Appeal found the original 14‑year sentence for the rape and eight‑year sentence for the assault too lenient, noting aggravating factors such as the rapid succession of attacks, premeditation, and a prior conviction for threatening to kill a woman. The court substituted a 10‑year sentence for the rape, made the rape and assault sentences consecutive, and suspended the final three and a half years, raising Nevin's net sentence to 14½ years. The probation period remains five years post‑release. Victims and Nevin attended the hearings remotely.
In 2020, the Court of Appeal quashed the conviction of a father who had been found guilty of sexually assaulting his 19‑year‑old daughter on Christmas morning in 2017. The appeal argued that the trial judge erred by refusing to allow the defence to cross‑examine the complainant about a diary in her room that contained the words "Hate Dad," which the defence claimed showed pre‑existing malice and could explain a false allegation. The defence also challenged the judge's handling of corroboration evidence, including the complainant's wet socks and her state after drinking wine. The Court of Appeal, citing a combination of concerns about the diary issue and corroboration, declared the trial unfair and ordered a retrial, granting the appellant bail with conditions that he have no contact with the complainant or other witnesses. The conviction was therefore overturned and the case was set for a new trial.
An alleged IRA member, Seamus Marley, aged 46, was convicted of raping two teenage boys in County Louth in the early 1990s. A Central Criminal Court jury found him guilty on six counts of sexual assault and two counts of rape after a six‑day trial in May 2019, and Mr Justice Paul McDermott sentenced him to seven years' imprisonment. Marley attempted to appeal his conviction outside the 28‑day window normally required after sentencing. His barrister, Michael Bowman SC, applied to the Court of Appeal for an extension, arguing that Marley had misunderstood the timing of his appeal and had been advised to wait until after sentencing. The Court of Appeal, hearing the application on the grounds of delay and the interests of the victims, ruled that there was no reasonable prospect of success and refused the extension, citing the need for finality in criminal proceedings.
Patrick Nevin, aged 38, appealed a 14‑year prison sentence for raping and sexually assaulting three women he met on Tinder in July 2014. The court had suspended the final two years of the sentence. Nevin had previously received five and a half years for a separate Tinder‑related assault on the UCD campus. The Director of Public Prosecutions, Cathleen Noctor SC, counter‑appealed, arguing the sentence was too lenient and should have been higher, citing aggravating factors such as the rapid succession of attacks, premeditation, driving victims to remote locations, and prior convictions for serious harm. Nevin's counsel, Michael Bowman SC, argued the sentence was appropriate, noting the court had considered aggravating factors and that the 14‑year term was the maximum available. The Court of Appeal was set to decide the case the following day. Patrick Nevin pleaded guilty.
In 2016, a 37‑year‑old Dublin man was tried at the Central Criminal Court for raping and abusing his younger sister over several years while she was a child. He pleaded not guilty to 48 counts, including rape, oral rape, rape with a screwdriver, rape with a vibrator and sexual assault at two Dublin locations between 2000 and 2005. The jury found him guilty. The victim, who is unnamed to protect her identity, described how the abuse began when she was ten, describing the experience as a "black hole of uncertainty, fear and terror." She said her family changed forever and that her parents became "shadows" of themselves after the court proceedings. Justice Isobel Kennedy sentenced him to 11 years' imprisonment. He has now appealed his conviction to the Court of Appeal, arguing that the trial judge erred by not warning the jury about the dangers of convicting on uncorroborated evidence.
In July 2020 the Court of Appeal quashed the conviction of a 25‑year‑old Dublin man for gang rape after the defence presented new evidence that the complainant had made other sexual allegations before the 2014 incident. The Director of Public Prosecutions did not oppose the application, and no retrial was ordered. The man had been jailed for four years in 2017 after a four‑day trial at the Central Criminal Court, where a jury found him guilty of raping a woman with two other men at a Dublin house. He had received a six‑year sentence with the final two years suspended. The appeal was brought by his barrister, Caroline Biggs SC, who also indicated a reservation regarding compensation under Section 9 of the 1993 Criminal Procedure Act. The court made no further orders beyond quashing the conviction. The unnamed 25-year-old pleaded not guilty.
In a 2020 Court of Appeal decision, a 17‑year‑old boy who attempted to murder a 25‑year‑old woman after meeting her on an internet dating app was ordered to serve a further two years of detention before his 11‑year sentence could be reviewed. The appeal was brought by the Director of Public Prosecutions, who argued that the original five‑year review period was too early and that the sentence was unduly lenient. The Court found that the planning and pre‑meditation of the offence placed it at the high end of the spectrum, but also noted mitigating factors such as the boy's youth, lack of prior convictions, early guilty plea and mental health difficulties. Consequently, the Court extended the review date to seven years, maintaining the 11‑year sentence but allowing a review after January 1, 2025.
In a 2020 Dublin Circuit Criminal Court case, a 48‑year‑old paedophile was convicted of 25 counts of sexual assault against his nieces, who were six or seven when the abuse began. He abused one sister during overnight stays at his home from about age six to twelve, and the other sister when she stayed with him. Judge Martina Baxter sentenced him to eight years, suspending the final year. The defendant, a father of two, appealed the sentence's severity, arguing that the judge had not credited the time he had already spent in custody. The Court of Appeal, presiding with Justices George Birmingham, Patrick McCarthy and Isobel Kennedy, found that the judge had not explained her discretion. Consequently, the court back‑dated the sentence to the date the defendant entered custody, five months before his sentencing, thereby reducing the effective custodial period. The case remains at the appellate stage, with no further verdict announced.
In a Court of Appeal hearing on 28 July 2020, the father of a 17‑year‑old who attempted to murder Stephanie Ng apologised to the victim, stating there was no excuse for his son's actions. He expressed regret over not hospitalising his son earlier and over giving him high doses of antidepressants, which he believed may have induced a manic episode that led to the attack. The teenager, who was sentenced to 11 years' detention with a review after five years, had been in custody since December 2017. The appeal argued the sentence was unduly lenient, citing the planning and premeditation of the offence. The Court of Appeal noted the seriousness of the crime and indicated a decision would be made the following day. The hearing was held in person, with the boy present alongside his parents. The father reiterated that his son was guilty and that he fully regretted the trauma inflicted on Ms Ng.
Liam Campbell, 58, who was found civilly liable for the 1998 Omagh bombing, has been granted a date in January to appeal an extradition order that would send him to Lithuania to face charges of international weapons trafficking. The extradition order, issued under a second European Arrest Warrant, was approved by the High Court on 26 June, and Campbell lodged an appeal. The Court of Appeal set the hearing for 19 January, expected to last a full day. Campbell's counsel argued that the wording of an "intention" to put someone on trial by a foreign jurisdiction is not the same as actually putting them on trial, a point the Minister for Justice opposed. The extradition request alleges Campbell organised the smuggling of firearms and explosives for the Real Irish Republican Army between late 2006 and early 2007, with a maximum terrorism sentence of 20 years. The case is now scheduled for the Court of Appeal hearing.
Boy B, a 15‑year‑old, was found guilty of murdering 14‑year‑old Ana Kriegel in 2018 and sentenced to 15 years' detention, review after eight years. He is appealing only the conviction, not the sentence. His defence argues that a clinical psychologist, Dr Colm Humphreys, had evidence that Boy B suffered post‑traumatic stress disorder after witnessing the assault and that his lies to Gardaí did not prove guilt. The trial judge ruled that evidence inadmissible, claiming it would make the psychologist a 13th juror. Boy B's counsel, James Dwyer, has made an unusual application to exceed legal aid limits to engage a UK psychologist to review the Gardaí interview videos. The Court of Appeal is considering whether an expert can be involved post‑conviction and has allowed the application to be renewed later. Boy B remains in Oberstown Children Detention Campus, with earliest release in June 2027.
Patrick O'Driscoll, aged 22, was convicted in March 2019 by a Central Criminal Court jury in Cork of raping a sleeping woman on 10 May 2016. The sentencing judge, Mr Justice Michael White, noted O'Driscoll's denial of the charges, lack of remorse, extreme drunkenness that night, and mitigating factors of his young age and personal circumstances. The judge set a headline sentence of ten years, reduced to seven years. O'Driscoll has now appealed both his conviction and the severity of the sentence in the Court of Appeal. His barrister, Siobhan Lankford SC, argues the headline sentence was too high and that a portion should have been suspended given his age and circumstances. The Director of Public Prosecutions, Tim O'Leary SC, supports the judge's 30 % reduction. The Court of Appeal will decide in September.
Chloe Bates, a 21‑year‑old student from Summerfield, Ballycale, Gorey, was sentenced to 12 months' imprisonment for careless driving that seriously injured Pamela Levingston, a woman in her 60s, while she was walking her dogs on a country road near Millands, Gorey, on 28 May 2018. Levingston was thrown over a ditch, suffered heart injuries requiring stents, fractures to her legs, arms, ribs and breastbone, and required emergency surgery and five months in hospital. Bates also received a four‑month concurrent sentence for hit‑and‑run. On appeal, the Court of Appeal found the original 18‑month headline sentence excessive and reduced Bates' jail term to eight months, citing mitigating factors such as her cooperation with Gardaí and her young age. The sentence is to run from 18 June. The appeal court did not suspend any portion of the sentence. The case remains at the appellate stage.
In July 2020, a 37‑year‑old woman named Laura Kenna, who had no fixed abode and was later diagnosed with schizoaffective disorder, was convicted of attempted murder after she slit the throat of civil servant Fionnuala Bourke on Lower Drumcondra Road on 3 January 2017. Kenna, who had been suffering from a significant mental health condition for up to six years, pleaded not guilty by reason of insanity. The trial revealed that Kenna attacked Bourke while she was walking home from work, stabbing her multiple times and threatening her with a handbag. Bourke required surgery and intensive care. Justice Tara Burns described the attack as vicious and random. The judge imposed a 15‑year prison term, suspending the last five years. Kenna's barrister appealed both the conviction and sentence to the Court of Appeal, arguing that the psychiatric evidence was flawed and that the sentence was excessive. The Court of Appeal reserved judgment.
In July 2020 the Court of Appeal dismissed a 51‑year‑old man's appeal against a 12‑year imprisonment sentence for orally raping his daughter between 2009 and 2011. The appeal argued that the daughter had not noticed three plastic implants surgically inserted under the man's foreskin, which were visible in photographs presented to the jury. The court held that a child abused in a stressful context would not have been able to distinguish the implants, and that the evidence presented by the prosecution was sufficient. The appeal was rejected, and the original conviction and sentence, with a six‑month suspended portion, remained in force. The court noted that the jury had been properly directed on the evidence and that no injustice had been created by the lack of a further statement from the complainant.
In a case heard at the Court of Appeal, a 31‑year‑old Dublin man, David Murphy, had his original prison term increased after the State appealed a suspended sentence. Murphy had pleaded guilty to assault causing harm for striking a taxi driver with a beer bottle on Slade Road, Saggart, on 21 March 2015. The original sentence, handed down by Judge Pauline Codd, was three and a half years, with the final two years and nine months suspended. The Director of Public Prosecutions argued that the suspended portion was excessive, noting that Murphy would serve only six months and three weeks if remission applied. The Court of Appeal agreed, quashing the original sentence and re‑sentencing Murphy to three and a half years, suspending only the final two years. The case remains at the criminal sentencing stage, with no further outcome reported.
Brendan Doolin, 37, was found guilty of sending hundreds of abusive emails to six female writers and journalists between May 2012 and February 2018. He pleaded guilty at Dublin Circuit Criminal Court and was sentenced to five years' imprisonment, with the final two years suspended on the condition that he never contact any of the complainants again. The Court of Appeal upheld the sentence, rejecting the appeal that argued the judge had over‑penalised Doolin and failed to consider mitigating factors such as his guilty plea, lack of prior convictions and psychiatric report indicating he was not a threat. The appeal was dismissed after the court considered the seriousness of the harassment, the number of victims and the impact on the women, who were all female journalists or media figures. The decision was announced by Justice Isobel Kennedy in a virtual hearing attended by Doolin and the victims.
Imre Arakas, 62, jailed by the Special Criminal Court for six years in December 2018 after admitting to conspiring with others to murder James Gately in Northern Ireland in April 2017, is currently serving his sentence in a segregated block in Portlaoise Prison. He faces an extradition request from Lithuania, where he is wanted for the murder of a pop star's lover, as well as charges of murder, firearms, conspiracy and criminal damage. Arakas was arrested in Dublin in February 2018 under a European Arrest Warrant issued by Lithuanian authorities. His extradition hearing has been adjourned pending the outcome of an appeal in the separate extradition case of Liam Campbell. The court has vacated Arakas' hearing date for October 9, when his case is next listed for mention. The adjournment is intended to avoid premature application for second counsel until the Campbell case is resolved.
A Wexford commerce student, Chloe Bates, 21, appealed the one‑year custodial sentence she received for careless driving that seriously injured Pamela Levingston, a woman walking her dogs on a country road near Millands, Gorey, on 28 May 2018. Levingston was thrown over a ditch, suffered rib fractures and required emergency surgery. Bates was also given a concurrent four‑month sentence for failing to remain at the scene. In her appeal, Bates' barrister, Colman Cody SC, argued that the judge erred by not suspending any part of the sentence and that disproportionate weight had been given to her failure to stay at the scene, while mitigating factors had been overlooked. The Director of Public Prosecutions, Sinead Gleeson BL, countered that the judge's decision was correct and that the custodial sentence was not disproportionate. The Court of Appeal will deliver judgment next week.
The 38‑year‑old father of three has appealed his rape conviction after being sentenced to eight years' imprisonment, with 18 months suspended, for raping a woman on a Dublin beach. The victim, who met the defendant online, was unaware of his partner and children until the trial. He pleaded not guilty to rape and sexual assault on 29 October 2015; a jury found him guilty of rape but not sexual assault. Justice Tara Burns highlighted that every woman can withdraw consent at any stage and that the defendant's alleged consensual acts before the rape did not support his defence. The appeal, led by Michael Bowman SC, focuses on alleged errors in the judge's directions on consent, arguing the jury was not properly instructed on the defendant's subjective perception. The Court of Appeal has reserved judgment, with a decision expected in the coming weeks.
In July 2020, several media outlets appealed a High Court decision that barred them from naming a mother who smothered her three‑year‑old daughter with a pillow. The High Court judge had ordered that the deceased child not be identified, and the mother could not be named because that would identify the child. The mother had been found not guilty by reason of insanity in a trial last year. Prosecuting counsel had sought an order under Section 252 of the Children Act 2001 to prevent publication of anything that could identify the child. Justice Michael White granted the order, and the following day a lawyer for the media applied to Justice Carmel Stewart to set it aside. Justice Stewart upheld the restriction, citing the clear wording of Section 252. The media organisations—RTE, Independent News and Media, News Group Newspapers Ltd and The Irish Times—appealed to the Court of Appeal.
A Cork farmer, George Ross, has appealed a High Court ruling that allowed a second prosecution for the death of a 14‑year‑old boy, Micheál 'Haulie' Murphy, who fell from Ross's defective tractor on 23 August 2013. The High Court had previously ruled that the Health and Safety Authority could pursue a prosecution under the Safety, Health and Welfare at Work Act. Ross, 68, had already been convicted under the Road Traffic Act and fined €700 in 2014 for allowing the tractor to be driven when it posed a danger to the public. Ross argues that the second prosecution is essentially the same offence and seeks a prohibition order to prevent it. The Court of Appeal, with Justices John Edwards, Patrick McCarthy and Aileen Donnelly, has reserved judgment on the appeal. The Director of Public Prosecutions, represented by Gráinne O'Neill BL, maintains that the two charges are distinct in law and fact. The case remains pending.
Regina Keogh, aged 42, was convicted of colluding with her brother, Jonathan Keogh, to murder Gareth Hutch. She received a life sentence from the Special Criminal Court in 2018. Jonathan Keogh, aged 34, was also sentenced to life for the deliberate and callous murder of Hutch on 24 May 2016. Thomas Fox, 32, was convicted and sentenced to life alongside the Keoghs. Keogh has appealed her conviction to the Court of Appeal and has been granted a hearing date of 14 December, expected to last half a day.