Court archive

Stage Appeal court reports

2020-03-11 · Ireland

'Evil' abuser who defiled teenage girls and plied them with heroin is spared more jail time

The Court of Appeal has dismissed an appeal by the Director of Public Prosecutions seeking to increase the sentence of Eoin Vickers, a 36-year-old man from Co Mayo. Vickers pleaded guilty to two counts of defilement of a girl under 15, three sample counts of defilement of a child under 17, and one count of defilement of a child under 17 regarding a friend, alongside an assault charge. These offences, alleged to have occurred between June 2011 and August 2013, involved an abusive relationship with two teenage girls, including the introduction of heroin and the removal of a contraceptive implant. On May 22, 2019, Mr Justice Michael White sentenced Vickers to 11 years' imprisonment, with the final two years suspended. The DPP argued this sentence was unduly lenient. President Mr Justice George Birmingham, sitting with Justices McGovern and Collins, acknowledged the case was exceptionally serious and that the Court of Appeal would have imposed a higher sentence, rejecting the discount given for the guilty plea. However, the court held that the original sentence, while very lenient, did not warrant intervention due to the singular nature of the facts and the wide margin of discretion afforded to the sentencing judge. Consequently, Vickers' original sentence remains unchanged.

2020-03-10 · Dublin

Jail term increased for man who helped 'cold-blooded' cartel assassination

Martin Aylmer, aged 33, bought six prepaid mobile phones in the run‑up to the murder of Michael Barr, 35, at the Sunset House pub on 25 April 2016. One phone was found beside a burned‑out getaway car used in the killing. Aylmer was captured on CCTV buying the phone in Dublin's Ilac Shopping Centre two days before the shooting. He claimed the phones were for drug trafficking. He pleaded guilty to assisting a criminal organisation in a serious offence. The Special Criminal Court sentenced him to three years and nine months, with the final year suspended, but the Court of Appeal re‑sentenced him to six years with the final 15 months suspended, citing his assistance to a gang that committed murder as an aggravating factor. Aylmer was required to enter a good‑behaviour bond for the suspended period. The case remains under appeal for the murder conviction of Eamonn Cumberton.

2020-03-10 · Cork

Grieving mother relieved as murderer's latest appeal is dismissed

Anne Dunlea, mother of the 36‑year‑old murdered in Passage West, said she was relieved after the Court of Appeal dismissed the latest appeal by Darren Murphy, 42, who had been convicted of murder in 2018. Murphy had admitted killing Olivia Dunlea and setting fire to her home, but denied it was murder. He had been found guilty in 2014, had that conviction quashed, was retried in 2017 with a hung jury, and was convicted again in 2018. The appeal was dismissed on 10 March 2020, ending a six‑year legal saga that included three trials and two appeals. Anne Dunlea, present at all proceedings, expressed relief that the case was finally concluded and that she could begin to grieve properly. The Court of Appeal upheld the conviction and rejected the defence's arguments about provocation and character. The decision was announced by Mr Justice George Birmingham, with Mr Justice John Edwards and Ms Justice Aileen Donnelly.

2020-03-09 · Kilkenny

Pub burglar has sentence cut

Romeo Stanescu, a 30‑year‑old Romanian, pleaded guilty to burglary at The Playwright pub in Kilkenny on 11 June 2018, stealing €3,500 in banknotes. He was originally sentenced to three years' imprisonment by Judge Terence O'Sullivan on 29 October 2019. On appeal, the Court of Appeal, led by Mr Justice John Edwards, reduced his term to two years. Edwards noted that Stanescu entered the pub shortly after opening, claimed he was looking for coffee, and later sought a toilet, leaving the premises after taking money from a cupboard. CCTV captured him removing bundles of cash and attempting to access a safe. Edwards described the offence as an opportunistic theft with limited premeditation, and the loss did not threaten the business. The final sentence was two years' imprisonment, with the last 18 months suspended.

2020-03-09 · Cork

Sentence upheld for knife attacker who barricaded himself into house

Bernard Ring, 31, of Kilbarry Place, Farranree, Cork, was found guilty of assaulting John Joe Nevin and of false imprisonment at his mother's house on St Mary's Avenue on 21 September 2016. He also pleaded guilty to possessing a dumbbell, a gas canister, a glass mirror and a knife in a manner likely to intimidate. The court sentenced him to ten years' imprisonment, with the final two years suspended, on 12 July 2017. The Court of Appeal upheld the sentence on 9 March 2020. Ring was under the influence of benzodiazepine and had consumed alcohol. He had previously been convicted eleven times, including two assault convictions that carried two‑year and four‑year terms. The judge described the incidents as extremely serious and noted that Ring offered no explanation for his actions. The appeal was dismissed. The case remains at the sentencing stage.

2020-03-06 · Down

NI man wanted over Essex migrant deaths gets date to appeal extradition

Eamon Harrison, a 22-year-old from Mayobridge, Co Down, has secured a date to appeal his pending extradition to the UK. The Court of Appeal fixed May 7 for the hearing of his legal challenge, which was granted on grounds that the case raised issues in law. Harrison is wanted to face 39 counts of manslaughter, conspiracy to assist unlawful immigration, and conspiracy to commit human trafficking. He is alleged to have delivered the refrigerated trailer in which 39 migrants were found dead in Essex on October 23, 2019. The High Court previously ordered his extradition in January, noting allegations that he was involved in transporting illegal migrants on two prior occasions in October 2019, using the same trailer for the fatal journey. The judge also cited allegations that Harrison was stopped in France in 2018 driving a trailer containing 18 Vietnamese migrants. While the source text mentions Maurice Robinson, a 25-year-old from Craigavon, Co Armagh, who was arrested at the scene and admitted conspiracy to assist unlawful immigration and acquiring criminal property, the validated procedural stage for this report is the appeal concerning Harrison. Harrison was not present in court for the case management procedure. The matter remains at the appeal stage, with the hearing scheduled for May 7.

2020-03-05 · Dublin

Man who savagely beat partner appeals 30-year 'stay away' order

Daniel Wildes, 32, was convicted of assault after he violently attacked his former partner, Natasha Cummins, on 1 April 2018. The incident involved grabbing Cummins by the hair, throwing her around, kicking her, and threatening her with an electric razor. He was found guilty of assault but not guilty of false imprisonment or a threat to kill. Judge Patricia Ryan sentenced him to four years' imprisonment, suspending the final year on the condition that he keep the peace and be of good behaviour. The suspended year also required Wildes to stay away from Cummins and avoid any contact, directly or indirectly, for 30 years. Wildes' lawyers appealed, arguing that the 30‑year stay‑away period was unworkable and arbitrary, and that it did not consider the children's future needs. The Court of Appeal will decide whether to uphold or modify the stay‑away order. Wildes has 40 prior convictions, including assault and violent disorder.

2020-03-05 · Dublin

Appeal court finds nothing to prevent naming of man who abused babysitter (13)

In March 2020 the Court of Appeal upheld a June 2019 decision that allowed the media to publish the name of Joseph Carey, 63, who was convicted of sexually assaulting a 13‑year‑old babysitter in August 2001. Carey, who lived in St Ronan's Green, Clondalkin, denied the assault and had previously apologized, but the apology was later denied. He was found guilty by a jury and sentenced to two‑and‑a‑half years' imprisonment, with the final four months suspended. The appeal against the sentence was dismissed by a three‑judge panel, which found no error in principle. The court noted that the victim had lived near Carey for over a decade after the assault and that the offence involved a breach of trust, as the victim considered him an uncle and his home a safe place. The ruling also clarified that the victim's anonymity could not be protected by law, allowing his identity to be published.

2020-03-02 · Galway

Judge's comments on casino not pejorative or prejudicial, court finds

In a 2020 Court of Appeal decision, the court held that a District Court judge's remark that a "genuine casino" would need a liquor licence was not pejorative or prejudicial. Midnight Entertainment Ltd, which operates the 4 Aces casino in Galway, had been charged with selling drinks without a licence on 28 November 2015. The company, claiming it is a private members' club and does not require a licence, denied wrongdoing and sought to defend itself. Midnight Entertainment had previously obtained a High Court order quashing the judge's refusal to recuse herself, citing remarks made in a 2015 case where the judge found a director guilty and imposed a suspended sentence, remarking that a genuine casino must have a licence. The Court of Appeal overturned the High Court's decision, remitted the matter to the District Court, and awarded legal costs against the company.

2020-03-02 · Leitrim

Six years for 'cloned' van racket is upheld

A man from Carrick-on-Shannon has lost an appeal against his six-year prison sentence for involvement in a sophisticated online fraud involving cloned stolen vans. Tom Reilly, aged 50, pleaded guilty to four sample counts of handling stolen property between August 2009 and June 2010. He was sentenced by Judge John Aylmer in May 2019, with the Court of Appeal upholding that decision today. The scheme involved vans stolen in the UK being brought to Ireland and sold to unsuspecting buyers through online platforms, resulting in losses totalling €50,150 across eight purchases. Evidence indicated that fraudulent logbooks were obtained using details from legitimate vehicles, which were then used to clone the stolen vans before importation to Ireland. The Court of Appeal found no error in principle in the original sentencing, confirming the six-year term was justified given the scale and sophistication of the operation.

2020-03-02 · Waterford

Violent gang of post-office raiders have jail sentences increased

The Court of Appeal has increased the prison sentences of four men convicted of robbing the Cleaboy Post Office in Waterford on May 3, 2018. Alan Wall, Michael Tynan, Conor O'Connor, and Barry Walsh each pleaded guilty to robbery and possession of a sawn-off shotgun. The original sentences, deemed unduly lenient by the Director of Public Prosecutions, were five years for Wall and Tynan (with 18 months suspended) and six years for Walsh and O'Connor (with 12 months suspended). The Court of Appeal, presided over by Mr Justice John Edwards, re-sentenced the defendants to longer terms: Wall to seven years, Tynan to seven years and three months, Walsh to seven-and-a-half years, and O'Connor to eight years. Additionally, concurrent five-year sentences were imposed for the firearms offences. The court found the initial headline sentences too low and noted that too much credit was given for mitigating factors. The robbery involved the use of a firearm and hammers, resulting in the theft of approximately €45,000. The appeal was successful, leading to these increased custodial terms.

2020-02-28 · Dublin

Man who sacked lawyers fails to convince court that vicious attack sentence was too severe

Joseph Fraser, a 43-year-old businessman from Leopardstown who formerly owned Fraser Oil, has had his appeal against the severity of his sentence dismissed by the Court of Appeal. Fraser pleaded guilty to assaulting a woman at Foxborough Downs in Lucan on September 19, 2017. Judge Melanie Greally originally sentenced him to four years' imprisonment, with the final 18 months suspended, on November 27, 2018. Representing himself after dismissing his legal team, Fraser argued that the sentencing judge rushed to judgment and failed to consider a non-custodial option. He also contested the finding that the victim suffered a broken eye socket, claiming it was merely bruised, and suggested the judge should have heard DNA evidence regarding his boots. The Court of Appeal, led by Ms Justice Isobel Kennedy, rejected these submissions. She stated that the circumstances were so extreme that a custodial sentence was unavoidable and confirmed the factual basis for the injury findings. The court noted that Fraser had not sought a Newton Hearing at the original sentencing to present additional evidence. Ms Justice Kennedy further clarified that arguments regarding temporary release were matters for the executive, not the courts. The three-judge panel, including Mr Justice Patrick McCarthy and Ms Justice Úna Ní Raifeartaigh, upheld the original sentence, leaving Fraser with an effective custody period of two and a half years.

2020-02-27 · Dublin

15 people must leave south Dublin house by March 20, court orders

The High Court has ordered that up to fifteen occupants of a four‑bedroom house in Avoca Park, Blackrock, must vacate the premises by 20 March. The injunction, granted to Everyday Finance DAC and receivers Stephen Tennant and Nicholas O'Dwyer, gives them possession of the property. The order applies to Paul White, his wife Jane Gleeson and other unnamed occupants who are appealing the decision. The court also suspended any sale of the house until the dispute is resolved and required a timetable for the full hearing. The receivers, appointed in 2017, seek vacant possession as the property is subject to a mortgage secured by loans from AIB, now owed at €3 million. The defendants, who claim the receivers were not properly appointed, intend to appeal to the Court of Appeal. All keys and alarm codes must be handed over by the deadline.

2020-02-27 · Galway

Hotel owner jailed for rape was unhappy with previous legal team, appeal hears

Brian Shaughnessy, a 53‑year‑old former Galway hotel owner, was convicted of raping an employee in the Loughrea Hotel and Spa's Presidential Suite after buying her drinks and asking to confide in her. The Central Criminal Court jury found him guilty on 26 July 2010, and he received a six‑year sentence with the final year suspended by Mr Justice Garrett Sheehan on 10 June 2013. Shaughnessy has now lodged an appeal, arguing that his previous legal team failed to prepare or conduct his defence adequately. His new barrister, Hugh Hartnett SC, claims new evidence was omitted from the transcript and that the trial judge mis‑informed the jury about the victim's demeanour. The Court of Appeal will consider these arguments, with counsel for the former team and the Director of Public Prosecutions presenting counter‑arguments, and the court has reserved its judgement. Brian Shaughnessy pleaded not guilty.

2020-02-25 · Cavan

Former solider has jail time cut for abusing girls

A former soldier from Ballyhaise, County Cavan, has had the final year of his 15-year prison sentence suspended by the Court of Appeal. Shane Costello, aged 50, was convicted of raping and sexually assaulting three young girls over a decade, including his stepdaughter, who was aged 13 to 14 at the time of the offences in 2012. He had denied the rape charges but pleaded guilty to sexually assaulting two other children between 2001 and 2013. The Court of Appeal, presided over by Ms Justice Isobel Kennedy, found the offending grave and noted Costello had abused his position of trust as a father figure. The court re-sentenced him to 14 years and six months imprisonment, with three years post-release supervision imposed. Costello is required to enter into a good behaviour bond for the suspended period.

2020-02-21 · Dublin

Murderer's conviction for attack and rape of woman is upheld

Andrius Lipinskas, 41, was convicted of raping and violently assaulting a woman in her home in Dublin in August 2010. The conviction was based on DNA evidence from a partly‑smoked cigarette found in the house, which matched a sample taken from Lipinskas in Lithuania. He was extradited to Ireland, tried, and found guilty on all counts by a jury after three hours of deliberation. He received a 15‑year prison sentence, with the final two‑and‑a‑half years suspended. Lipinskas had previously served a 15‑year sentence in Lithuania for a 1995 murder. He appealed the conviction, arguing that the DNA sample and his recorded response were inadmissible, but the Court of Appeal dismissed the appeal, affirming the trial's fairness and the admissibility of the evidence. Andrius Lipinskas pleaded not guilty.

2020-02-21 · Dublin

Christy Burke's grandson drops appeal against explosives sentence

Mairtin Manning, 25, grandson of former Lord Mayor Christy Burke, pleaded guilty to knowingly possessing ten 400‑gram blocks of TNT and the explosive head of an RGD33 hand grenade on 2 June 2017 in Dublin 3. He was sentenced to seven years' imprisonment by the Special Criminal Court on 27 May 2017. The court noted that one 400‑gram block could create an under‑car bomb, describing the quantity as "very considerable", and that no harm occurred due to Gardaí's timely intervention. Manning was considered a courier who had played an important role but had no further role in processing the explosives. He had been due to appeal the severity of his sentence, but withdrew the appeal after the Court of Appeal's President reminded him of the court's full powers. His co‑accused, Declan McDermott, 31, also received seven years, while John O'Brien, 56, was jailed for 18 months for assisting an unlawful organisation.

2020-02-20 · Waterford

Courts should not 'shy away' from maximum sentence in assault cases

In a 2020 Court of Appeal decision, Mr Justice George Birmingham urged that judges should not shy away from starting at the maximum five‑year sentence for section 3 assault cases, especially when the offence is "high‑end". He cited three Waterford cases where the original sentences were deemed unduly lenient. Martina McGrath (27) received an extra two years for stabbing a pregnant woman; Dale Brazil (25) was given an additional year for attacking a man with a metal bar; and Mark Dolan (32) avoided a return to jail after a six‑month term for smashing a rugby player's face, having "completely turned his life around". Birmingham noted aggravating factors such as use of a weapon, multiple assailants, pre‑planning and significant injuries, and argued that the headline sentences in all three cases should have been five years before any reduction for mitigating circumstances.

2020-02-18 · Dublin

Family of Seamus Ludlow appeal decision over commission of inquiry

The family of forestry worker Séamus Ludlow, murdered in 1976, has taken a new legal challenge to the State, seeking two commissions of inquiry into the Garda investigation of his killing. The request follows a 2006 Joint Oireachtas Committee recommendation that the State set up inquiries into the investigation, based on a report by retired High Court judge Henry Barron that described the murder as a "random, sectarian killing of a blameless Catholic civilian by loyalist extremists." No one has ever been charged, and the family argues the Garda failed to pursue key information from the RUC, citing a three‑week suspension of the investigation and alleged "orders from Dublin." The High Court, in a decision by Justice Mary Faherty, refused to order the commissions, stating the courts cannot compel the executive to establish them. Mr Thomas Fox, the nephew, has appealed to the Court of Appeal, where the judgment is reserved.

2020-02-18 · Waterford

'Callous', violent offender to serve extra two years in jail for killing musician

Craig McGrath, 26, of Rathfaddan Park, Waterford, pleaded guilty to the manslaughter of Damien O'Brien, 27, on 13 July 2018. McGrath had earlier been on bail for an assault. The incident occurred at the junction of John Street and Manor Street on 7 July 2018 when McGrath punched O'Brien twice to the head, causing a broken eye socket, nose and jaw. O'Brien was unconscious and later died from a fatal brain injury when his head struck the ground. CCTV showed McGrath shadow‑boxing after the attack. McGrath also pleaded guilty to assaulting Kiefer Dowling in 2017, for which he received five years and a consecutive 2½‑year sentence, the final two years suspended. The Director of Public Prosecutions appealed, and the Court of Appeal re‑sentenced McGrath to seven years for the manslaughter and a consecutive 2½‑year sentence for the Dowling assault, with the final two years suspended.

2020-02-17 · Limerick

Overtime fraudster drops appeal after release on community service

Brendan Sheehan, a former project manager at Flextronics, was convicted of fraudulently claiming over €300,000 in overtime payments between 2010 and 2014. He pleaded guilty to multiple theft counts and was sentenced to four years' imprisonment, with the final two years suspended, on 29 March 2019. Sheehan had overseen 'Project Stryker' and authorised overtime for ten employees, who then gave him a share of the payments, averaging €400 to €600 each. While some overtime work was performed, the exact amount could not be determined. After being released on a community service scheme, Sheehan's lawyers withdrew his appeal against the sentence, and the Court of Appeal allowed the withdrawal. The case was described by Judge O'Donnell as one of the most bizarre he had encountered.

2020-02-14 · Dublin

Hooded man faced "life threatening" conditions in prison

In February 2020, the Court of Appeal upheld the sentences of five men and one woman convicted of assisting IRA interrogations in Dublin. Kevin Hannaway, aged 71, received three years and nine months; Eva Shannon, 61, four years; Seán Hannaway, 48, five years and six months; David Nooney, 53, three years and nine months; and Edward O'Brien, 42, 16 months. All were found guilty of membership in the Irish Republican Army at a Special Criminal Court trial in June 2018. Hannaway's appeal argued that his 1971 detention, involving hooding, white noise and sleep deprivation, had left him with PTSD and that prison conditions were "life threatening." The court rejected the appeal, noting no error in principle and that the sentences reflected the gravity of the offences. The DPP's request to reduce Nooney's and O'Brien's sentences was also denied. The Court of Appeal confirmed the original sentences for all six defendants.

2020-02-12 · Down

NI man to challenge extradition to UK over Essex migrant deaths

A Northern Irish man, Eamon Ronald Harrison, 23, has been granted leave to challenge his extradition to the UK, where he faces 39 counts of manslaughter, conspiracy to assist unlawful immigration and conspiracy to commit human trafficking under the UK's Modern Slavery Act. The case stems from the discovery of 39 Vietnamese nationals dead in a refrigerated trailer in Essex in October 2019. Evidence shows the trailer's refrigeration unit was not powered, leading to oxygen starvation deaths, and bloody handprints were found inside. Harrison allegedly delivered the trailer to a Belgian port before its onward journey to Britain. The High Court, presided over by Mr Justice Donald Binchy, has ordered a stay on the extradition pending appeal. Harrison's legal team has requested an appeal, arguing the matter is of exceptional public importance, while the Minister for Justice contends the extradition should proceed without delay.

2020-02-06 · Dublin

Group including "Hooded Man" have "IRA inquiry" convictions upheld

The Court of Appeal has upheld the convictions of five individuals, including Kevin Hannaway, for their roles in an IRA inquiry conducted in Castleknock, Dublin, in August 2015. The group was originally found guilty at the Special Criminal Court in June 2018 for assisting in the interrogation of suspected informants, a process captured by gardaí listening devices. Kevin Hannaway (71) and Eva Shannon (61), both of Belfast, were sentenced to three years and nine months and four years imprisonment respectively for assisting in the interviews. Seán Hannaway (48) received five years and six months, David Nooney (53) three years and nine months, and Edward O'Brien (42) 16 months, all for membership of an unlawful organisation. Mr Justice John Edwards, delivering the judgment, affirmed that the Special Criminal Court properly handled the admissibility of audio recordings and the opinion evidence of a senior Garda regarding IRA membership. The court rejected challenges to the defendants' arrests and the identification of voices on the recordings. While the convictions were upheld, the report notes that appeals regarding the sentences are scheduled to be heard next week, meaning the sentencing phase of the legal process remains pending.

2020-02-04 · Ireland

Man jailed for raping sister-in-law over 35 years ago has conviction quashed

In 2018 a 60‑year‑old man was convicted of raping his 15‑year‑old sister‑in‑law at his home in the east of Ireland between October 1983 and July 1984. The prosecution alleged that he had shown pornographic magazines and photographs, pushed her onto the bed and raped her. The victim, who was too afraid to speak at the time, later disclosed the assault to her mother, siblings, a doctor and a family member at a charity event. After a statement to Gardaí, the man was found guilty by a Central Criminal Court jury and sentenced to nine years' imprisonment, with the final three‑and‑a‑half years suspended. In February 2020 the Court of Appeal quashed the conviction and ordered a retrial, finding that the trial judge's comments about the case having "a lot of detail" had improperly influenced the jury.

2020-02-04 · Wicklow

Deviant serial killer John Shaw, Ireland's longest serving prisoner, to get temporary release

The Court of Appeal has been informed that the Minister for Justice has accepted a recommendation to grant temporary release to John Shaw, the State's longest serving prisoner. Shaw, aged 73, an English national, has been in custody for almost 44 years following his conviction at the Central Criminal Court on February 9, 1978, for offences including abduction, rape, torture and murder in Wicklow and Mayo. He will be entitled to two days escorted release annually. The court heard that a legal challenge to the Minister's earlier refusal of temporary release proceeded to full hearing in January despite the Minister having already reversed that decision. Mr Justice Patrick McCarthy expressed concern that the reversal was not communicated timeously to Shaw's legal representatives, resulting in proceedings that were effectively moot. The court noted the matter without imposing costs penalties. A 2016 risk assessment had identified Shaw as presenting high-level re-offending risk.

2020-02-03 · Waterford

DPP seeks to increase sentence of violent offender who killed musician while on bail

Craig McGrath, 26, pleaded guilty to manslaughter of Damien O'Brien, 27, after an assault on 7 July 2018. McGrath punched O'Brien twice, causing fatal brain injury. He also pleaded guilty to assaulting Kiefer Dowling in 2017, receiving a five‑year sentence for manslaughter and a two‑and‑a‑half‑year sentence for assault, with the last two years suspended. The total sentence is five‑and‑a‑half years. The Director of Public Prosecutions seeks to increase this sentence, arguing it was unduly lenient, citing McGrath's callous behaviour and breach of a curfew. McGrath's counsel argues the sentence was appropriate, citing Supreme Court guidance that places manslaughter in a medium range of four to ten years. The Court of Appeal will decide on 18 February.

2020-02-03 · Roscommon

Forestry fraudster gets an extra two years in jail

The Court of Appeal has adjourned the finalisation of Garret Hevey's appeal, increasing his sentence from five years to six years imprisonment. Hevey, who pleaded guilty to dishonestly inducing investment in Arden FML and three counts of inducing payments by deception, was originally sentenced by Judge Melanie Greally. Mr Justice Patrick McCarthy, sitting with President George Birmingham and Mr Justice Brian McGovern, found the original sentence unduly lenient, describing the company as an "engine of fraud" that sold the same forests repeatedly. The court determined that no portion of the new six-year sentence should be suspended. Hevey's co-accused, David Peile, also known as David Marshall, pleaded guilty to similar charges and was sentenced to four years imprisonment with the final year suspended. No appeal has been lodged regarding Peile's sentence. The appeal process for Hevey is now complete with the revised sentence imposed, while Peile's case remains unchanged.

2020-02-03 · Tipperary

Farm labourer who brutally raped girl (6) has sentence more than doubled

In 2020 the Court of Appeal re‑sentenced 76‑year‑old Dan Flynn, a former farm labourer from County Tipperary, for the brutal rape of a six‑year‑old girl in 1979. Flynn, who was 36 at the time, had forced the child onto his bed, raped her, forced his penis into her mouth, spat on her face and stepped over her while she lay on the ground. He pleaded guilty at the Central Criminal Court, with the plea entered at the "11th hour" the Friday before his trial. The original sentence was six years' imprisonment, with the final four years suspended, imposed on 13 May 2019. The Court of Appeal found the sentence "unduly lenient" and, following an appeal by the Director of Public Prosecutions, imposed a new five‑year term, with the final four years suspended.

2020-01-31 · Dublin

Court "with some reluctance" grants rapist father more time to appeal

The Court of Appeal, with reluctance, granted a 51‑year‑old rapist father extra time to appeal his conviction for sexually abusing his teenage daughter. The man, whose identity is withheld, had denied 22 counts of sexual abuse, oral rape, child sexual exploitation and attempted rape committed between October 2009 and July 2011 when the girl was 13 to 15. A Central Criminal Court jury found him guilty and he was sentenced to 12 years' imprisonment, with the final six months suspended, on 14 January 2019. He filed an appeal outside the 28‑day period, claiming a misunderstanding about who would lodge the paperwork. Justice Isobel Kennedy, after hearing the case, allowed the extension, citing the victim's interests and the need to conclude criminal proceedings.

2020-01-30 · Dublin

"Absolutely no regard for rule of law": consecutive sentences upheld for serial burglar

Daniel Delaney, 27, of Mariner's Port, Sheriff Street, was convicted of three burglaries in 2017 – at the Clonsilla Inn, Siam Thai and Monkstown Rugby Club – and received an eight‑year sentence with the final year suspended. Two of the offences were committed while he was on bail, prompting the judge to impose consecutive sentences. Delaney appealed against the severity of the sentence, but the Court of Appeal upheld the decision, stating the Circuit Court judge was fully justified in imposing consecutive sentences. The Court noted the aggravating factors, including confrontations with occupants, night‑time burglaries, significant property damage and theft, and the planning involved. The suspended year was a discount, and the Court confirmed the overall sentence was not excessively severe. The appeal was dismissed. Daniel Delaney pleaded guilty.

2020-01-30 · Dublin

Man convicted of rape is released on bail after investigation over alleged "new evidence"

Darren Thompson, 25, was convicted of rape in 2017 and sentenced to six years' imprisonment, with the final two years suspended. In January 2020 the Director of Public Prosecutions announced an investigation into alleged "new evidence" that could affect the outcome of the case. Thompson, who maintains his innocence, was released on bail pending the hearing of the application to present this evidence. The bail was granted by Mr Justice John Edwards, with a condition that Thompson appear again on 24 March. The case involved a woman in her 20s who claimed she had consensual sex with a man she met in a nightclub, but later alleged that Thompson and another man attempted to have sex with her while she was under the influence of drugs. No further details were disclosed in court. The Central Criminal Court noted that Thompson's family and girlfriend remain supportive. The application to present new evidence is scheduled for the Court of Appeal.

2020-01-28 · Dublin

Retired garda loses appeal against child abuse videos conviction

Joseph O'Connor, a 58‑year‑old retired Garda from west Dublin, was convicted of possessing child pornography. He pleaded not guilty to five counts of possession of images and videos of children being sexually abused, which were found on his laptop in the "recycle bin" and included boys as young as ten and under 17. O'Connor denied ever seeing or downloading the material, claiming a man who had visited his home days before the laptop was seized had made false allegations and "corrupted" his computer. He was acquitted on one count but found guilty on the remaining four by a jury and sentenced to two years' imprisonment on 15 February 2019. He appealed the conviction, arguing the search was unlawful because it was based on an assault allegation that the Gardaí did not believe. The Court of Appeal dismissed the appeal, affirming the conviction and the legality of the search and warrant.

2020-01-28 · Galway

Suspended sentence for drunk driver who crashed into nurse was "too lenient"

Alan Craughwell (35) of Athlone, Co Westmeath, pleaded guilty to dangerous driving causing serious bodily harm following a collision with a nurse on December 24, 2017 at Taghmaconnell, Co Roscommon. He had been travelling with more than twice the legal alcohol limit and narrowly missed six oncoming vehicles before striking the victim's car. The Circuit Court imposed a fully suspended two-and-a-half year sentence in May 2019. The Court of Appeal found this sentence unduly lenient and re-sentenced Craughwell to two-and-a-half years imprisonment with the final 15 months suspended. Mr Justice George Birmingham described the driving as "sustained, rank bad driving" rather than isolated poor judgement. The victim, a nurse, sustained serious injuries including fractured ankles and experienced significant disruption to her working life and family activities. Craughwell's ten-year driving ban remained in effect, and he was required to enter a good behaviour bond for the suspended portion of his sentence. Alan Craughwell had the case dismissed.

2020-01-27 · Kildare

1.5-year jail sentence for having €829k in crime cash is upheld

Clive Kavanagh, 37, was found guilty of possessing €829,265 in cash at Tougher's Garage, Naas, on 1 September 2017, believing it to be proceeds of crime. He was sentenced by Naas Circuit Criminal Court to three years' imprisonment, with the final 18 months suspended, on 4 July 2019. The Court of Appeal upheld this sentence, rejecting the Director of Public Prosecutions' appeal that it was unduly lenient. The judge noted that Kavanagh was not the owner of the money and that the case involved theft. He had a history of self‑employment in construction and eight prior minor traffic convictions, plus a suspended sentence for drug possession. The suspended portion was justified to aid his family, who depend on him, and to encourage rehabilitation. The appeal was dismissed.

2020-01-24 · Tipperary

Two years in jail doesn't "come close", DPP submits

In January 2020 the Court of Appeal ruled that Dan Flynn's two‑year jail sentence for raping a six‑year‑old girl in 1979 was unduly lenient. Flynn, a 76‑year‑old former farm labourer, was 36 when he assaulted the child, who later testified that he forced his penis into her mouth and spat on her. He pleaded guilty at the Central Criminal Court, where he was sentenced to six years, with four years suspended, in May 2019. The appeal was brought by the Director of Public Prosecutions, who argued the brutality and long‑term impact on the victim warranted a harsher penalty. Flynn's counsel contended the sentence was within normal limits, citing his medical condition and the guilty‑plea discount. The Court of Appeal will resentencing Flynn on 13 February 2020, pending a detailed medical report for prison conditions.

2020-01-23 · Kildare

Unlawful restriction on media naming sex offender remains in force

The Court of Appeal ruled that an unlawful gag order preventing the media from naming a convicted sex offender remains in force. Mr Justice Brian Murray, in a lengthy judgment, rejected an appeal by several media firms against the order that barred identification of a 16‑year‑old who admitted sexual assault and attempted defilement of a 14‑year‑old girl in 2010. The offender and two co‑accused first appeared in the Children's Court in 2011 under reporting restrictions. In 2014, at the Dublin Circuit Criminal Court, the offender pleaded guilty and was sentenced to two years' imprisonment, a sentence fully suspended by Judge Mary Ellen Ring. The court noted that the victim had waived anonymity, but the gag order persisted. The High Court later found the July and October 2014 restrictions lawful but ruled there was no lawful basis for Judge Ring to continue them after 31 October 2014.

2020-01-21 · Ireland

Man claims financial institutions failed to forward child maintenance payments

A man, whose identity is withheld for legal reasons, has brought a defamation claim against Ulster Bank and EBS, alleging that the banks failed to forward child‑maintenance payments to his former partner for about 12 years. He says that after a court order required him to pay roughly €45 per week for his son, he set up a standing order with Ulster Bank to transfer the money to his ex‑partner's EBS account. The funds were instead held in a holding account and never reached her. He discovered the issue during a phone call with her, who claimed she had never received any payments. The man argues that the banks' alleged negligence damaged his relationship with his son and harmed his reputation. The case reached the Court of Appeal, where the appeal by EBS to strike out the defamation claim was dismissed, with the court upholding the High Court's decision that the claim was not bound to fail.

2020-01-21 · Dublin

Father appeals conviction for "evil campaign of rape and abuse" against daughters

A 54‑year‑old man was convicted of 75 offences against his three daughters, including 44 counts of sexual abuse, 37 rapes of his eldest daughter, an anal rape of that daughter, an oral rape of her younger sister, and a threat to kill his youngest daughters. The offences occurred between October 1994 and July 2012. He was sentenced to 17 years' imprisonment by Ms Justice Margaret Heneghan on 18 May 2015. The judge described the conduct as an "abhorred and evil campaign of rape and sexual abuse" and praised the victims for their courage. The eldest daughter testified that abuse began when she was nine, escalated to rape at eleven, and included an anal rape at fourteen. She ended the abuse after escaping to England at seventeen. The man has appealed the conviction on grounds that some alleged offences fell outside the indictment's time frame and that a cross‑examination was curtailed. The Court of Appeal has reserved judgment. The unnamed 54-year-old pleaded not guilty.

2020-01-21 · Ireland

Trial for alleged sexual assault of neighbour (6) to proceed

In a 2020 Court of Appeal decision, a 20‑year‑old charged with sexually assaulting a six‑year‑old neighbour in 2014 was allowed to proceed to trial after the High Court refused his request for a stay or injunction. The accused, whose identity is withheld, was charged 2½ years after the alleged offence and faces a Circuit Criminal Court trial next year. His lawyers argued that prosecutorial delay had prejudiced him, citing loss of anonymity, non‑application of children's sentencing principles and a mandatory sentencing report. The High Court acknowledged the delay but denied relief. The Court of Appeal, presided over by Mr Justice George Birmingham, described the delay as "quite unacceptable" and noted that the Garda Youth Division had sent eight reminders between late 2015 and early 2016, yet the skeleton file was not received until summer 2016.

2020-01-21 · Ireland

Abuse accused fails in last ditch bid to halt trial

A man in his 60s, charged with 105 counts of sexual abuse of a younger relative aged 7 to 18 between 1971 and 1982, lost a last‑ditch attempt to halt his pending prosecution on the basis of delay. The High Court refused an injunction that would have barred the Director of Public Prosecutions from proceeding, and the Court of Appeal upheld that decision. The judge noted the delay of 36 to 47 years was not exceptional and that the accused, now 64, was capable of remembering relevant details. He had no particular vulnerability or severe illness, though he had experienced stress from the accusations. The court found no real risk of an unfair trial and rejected the claim that the delay warranted a stay of proceedings. The case was dismissed on the grounds that the delay could be addressed at trial rather than through judicial review.

2020-01-17 · Dublin

Boy B gets date to appeal conviction for murdering Ana Kriegel

Boy B, a 15‑year‑old, will appeal his murder conviction on 24 April. He was found guilty of killing 14‑year‑old Ana Kriégel in May 2018, when he was 13. The Central Criminal Court, applying children's court procedures, sentenced him to 15 years' detention, reviewable after eight years. Boy B's appeal concerns only the conviction, not the sentence. The Court of Appeal set an early hearing date; counsel expects the hearing to last a day. Boy B is currently detained at Oberstown Children Detention Campus, with a possible release in June 2027. The case attracted significant media interest, leading the trial judge to restrict coverage. No appeal has been lodged on Boy A's behalf, who was also convicted of murder and aggravated sexual assault and sentenced to life imprisonment with a review after 12 years and eight years for the assault. The court will consider the boys' conduct in custody when reviewing their sentences.

2020-01-16 · Carlow

2.5-year sentences over €1.3m cannabis raid too lenient, court finds

Two Polish nationals, Tomasz Witkowski (41) and Mariusz Sowa (39), were arrested in March 2018 in Co Carlow for possessing €1.3 million worth of cannabis. They pleaded guilty and were each jailed for two‑and‑a‑half years by Judge James McCourt in April 2019. Prosecutors appealed, arguing the sentences were unduly lenient. The Court of Appeal, led by Mr Justice George Birmingham, reviewed the case and re‑sentenced both men to six years imprisonment. The court noted that Gardaí had seized 65 kg of cannabis in 77 packets, along with €21,000 in cash, and that the drugs had been prepared for distribution across Ireland. The appeal highlighted that the men were not mere couriers but played an integral part in the distribution network, and that the original sentences failed to meet deterrence requirements.

2020-01-14 · Wicklow

Ireland's longest serving prisoner seeks temporary release

John Shaw, aged 73 and Ireland's longest-serving prisoner, brought an appeal before the Court of Appeal challenging the Minister for Justice's refusal to grant him two days of temporary release annually. Shaw has been in custody since September 1976 following his conviction at the Central Criminal Court in February 1978 for offences including abduction, rape, torture and murder. The Parole Board had recommended limited escorted outings, a recommendation the Minister declined without providing written reasons. Shaw's counsel argued the Minister's discretion was exercised arbitrarily and that Shaw had no clarity on what might satisfy the Minister's requirements. The Director of Public Prosecutions' representative contended the refusal was grounded in a dynamic risk assessment determining Shaw posed a high risk of reoffending. The three-judge panel reserved judgement. Shaw was not present during the hearing at the Court of Appeal.

2019-12-20 · Dublin

"Trusted IRA member" who bought car used in NI murder loses appeal

Vincent Banks, a convicted member of the IRA, has lost his appeal against his conviction. Banks, 49, of Dublin 7, was found guilty by the Special Criminal Court of membership of an unlawful organisation. He was sentenced to five years' imprisonment in October 2017 for purchasing a Toyota Camry linked to the 2012 murder of prison officer David Black. Although Banks was previously acquitted of withholding information regarding the killing, the court found he acted as a trusted member of the organisation to obtain the vehicle used in the crime. In the Court of Appeal, Banks challenged the admissibility of his garda interviews, arguing that inferences drawn from his silence were not properly explained. He also contested the lawfulness of his arrest and the handling of belief evidence. Mr Justice John Edwards, sitting with President George Birmingham and Ms Justice Marie Baker, dismissed these arguments. The court ruled that Banks had adequate legal advice and that the Special Criminal Court correctly applied the law regarding his arrest. The judges noted that arguments concerning belief evidence had been repeatedly litigated and found no basis to overturn the lower court's decision. Consequently, the appeal was dismissed, and Banks' conviction stands.

2019-12-20 · Dublin

Ex-postman with eye disorder has sentence cut for causing death of pedestrian

David Byrne, a 43‑year‑old former postman from Kilcullen, was convicted of dangerous driving causing the death of 70‑year‑old Patricia Dunne in Dublin on 16 October 2015. He also pleaded not guilty to dishonestly inducing the National Driving Licence Service to issue a licence and to making a false statement on an insurance application. A jury found him guilty on all three counts and Judge Patricia Ryan sentenced him to five years' imprisonment on 11 May 2018. The Court of Appeal, led by Mr Justice George Birmingham, reduced the sentence to four years, suspending the final 12 months, citing mitigating factors such as Byrne's exemplary character, good work record and long period of incident‑free driving. The court upheld a lifetime driving disqualification. Byrne suffers from Type 2 Usher Syndrome, a degenerative eye disorder that causes peripheral vision loss. The appeal was rejected, with the court affirming that the trial was fair and the verdict safe.

2019-12-20 · Wicklow

Family of Anne Shortall shout "Yes" as brutal murderer Webster loses appeal

In December 2019 the Court of Appeal upheld the conviction of Roy Webster for the 2015 murder of Anne Shortall, a 47‑year‑old mother of three. Webster, aged 42, had been found guilty of murder by a jury at the Central Criminal Court and sentenced to life imprisonment by Mr Justice Patrick McCarthy in March 2017. He appealed, arguing that the trial judge had not properly explained the partial defence of provocation and the required intent. The Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal, stating the judge's charge was careful and focused. The decision means Webster will continue to serve his life sentence. The case involved Webster's admission that he had used a hammer to strike Shortall nine times on the head after she threatened to expose his affair with her.

2019-12-20 · Dublin

Rapist father "a highly manipulative person", appeal court finds

A County Mayo man convicted of raping his daughter between 2006 and 2010 has had his appeal against conviction dismissed by the Court of Appeal. The man, aged 47, was sentenced to fifteen years imprisonment with the final year suspended following his conviction in the Central Criminal Court on charges of sexually assaulting and raping his daughter on multiple occasions when she was between seven and eleven years old. The Court of Appeal upheld the conviction, finding the man to be "a highly manipulative and controlling person". The court rejected his argument that his daughter had confessed to fabricating her evidence during a prison visit, determining such claims were "not credible". Mr Justice John Edwards noted the victim's conflicting emotions but found her evidence remained adamant and consistent. The court also rejected a submission that the trial should have been halted following evidence from the victim's sister regarding similar allegations. The man continues to maintain his innocence. The unnamed 47-year-old pleaded not guilty.

2019-12-20 · Kildare

Woman tells court she "always believed" husband who killed son "could not have known what he was doing"

Yusif Ali Abdi, the appellant, was committed to the Central Mental Hospital (CMH) for inpatient care following a retrial at the Central Criminal Court. Abdi, who pleaded not guilty to the 2001 murder of his 20-month-old son, Nathan, was found not guilty by reason of insanity. This verdict followed the Court of Appeal quashing his 2003 murder conviction after he was diagnosed with paranoid schizophrenia in 2013. During the retrial, four consultant psychiatrists testified that Abdi suffered from schizophrenia at the time of the incident. Judge Alexander Owens accepted the evidence that Abdi suffers from a mental disorder and ordered his commitment to the CMH, where his condition will be reviewed by the Mental Health Review Board. Abdi's wife, Amanda Bailey, delivered a victim impact statement, stating she always believed her husband could not have known what he was doing. She described the profound grief of losing their son and expressed a sense of peace with the verdict. The court heard that Abdi had previously spent 16 years in prison for the offense. The matter was concluded with the judge's order committing Abdi to the CMH, rather than an adjournment.

2019-12-19 · Sligo

"Arrogant" double rapist fails in appeal

A man convicted of raping two women at his Sligo apartment has failed in his appeal against conviction at the Court of Appeal. Clement Limen, aged 47, of North Court, Quayside, Sligo town, was found guilty by jury at the Central Criminal Court of the offences committed on 2 June 2014. The trial heard that Limen had invited the women, lifelong friends in their 30s, to his flat following a chance meeting at a nightclub during a bank holiday weekend. Evidence indicated that after consuming drinks prepared by Limen, both women lost consciousness and were subsequently assaulted. Limen denied the charges, claiming consensual contact with one woman and denying contact with the other. Mr Justice Paul Coffey imposed a sentence of seven-and-a-half years in December 2017. Limen's appeal centred on claims regarding the trial judge's rulings on evidence and detention procedures. The Court of Appeal, presided over by Mr Justice Patrick McCarthy, found no grounds for intervention and dismissed the appeal.