The Court of Appeal has reserved judgment in the appeal by John McDonagh, who was convicted in 2001 of the rape and murder of Siobhan Hynes and sentenced to life imprisonment. McDonagh, formerly of The Demesne, Keeraunbeg, Carraroe, pleaded not guilty but was convicted following three days of jury deliberations. He is now seeking to utilize advances in DNA technology to re-examine trial exhibits, arguing that modern methods could yield new results. The State argues that scientific advancements alone do not justify re-testing, noting that McDonagh did not seek such testing in his 2007 appeal. Counsel for the State, Paul Carroll SC, stated that the conviction was based on numerous strands of evidence, including fibre analysis, rather than solely on DNA. The defence, represented by Michael O'Higgins SC, contends that a reasonable possibility exists for obtaining a new result from retesting. The court heard evidence from forensic experts regarding the limitations of 1999 technology versus current methods. Ms Justice Nuala Butler and Mr Justice Patrick McCarthy discussed the relevance of potential new DNA findings. The matter was adjourned for the court to deliver its reserved judgment.
Steven Penrose, a double killer currently serving a life sentence for two murders, has appealed a High Court decision that Mountjoy Prison acted appropriately in placing him in solitary confinement. Penrose claims that his detention in the Challenging Behaviour Unit is a form of psychological torture and that the prison authorities made false disciplinary reports to justify his placement. He alleges that the governor of Mountjoy Prison made false affidavits and that his detention was a deliberate campaign to break him. Representing himself at the Court of Appeal, Penrose said that the prison service denied him access to structured activities and education and that they viewed his ability to write as a threat. The prosecution, represented by Anne-Marie Lawlor SC, argued that the High Court judge made proper findings of fact and that the prison's actions were justified. The judge noted that Penrose had not provided evidence to support his claims and that the High Court's decision should not be interfered with.
Jamie Berry and Stephen Mulvey, a recidivist criminal and his nephew, have been sentenced to a combined total of ten years and nine months for conspiring to murder a teenager in Dublin four years ago. Mr Justice Paul McDermott noted that both men were deeply involved in the planning of the ambush, which failed only due to medical intervention. The victim suffered life-threatening injuries from gunshot wounds to his lower cheek, neck, and thigh. Both men pleaded guilty and received reduced sentences of six and a half years, with portions suspended. The judge highlighted the serious nature of the conspiracy, the procurement of a firearm, and the reckless indifference to public safety. Mulvey, with 91 previous convictions, and Berry, with six, were found to have a high level of culpability. The court also noted that the victim, who was 17 at the time, declined to make a victim impact statement. The case was retried after an initial acquittal was overturned on appeal.
An 80-year-old former Scout leader, Noel Sheehan, has argued that two separate trials should have been held due to the serious nature of the allegations made by one of his victims. Sheehan, of Chimneyfields, Glenville, Co Cork, was found guilty of 16 counts of indecent assault against five young boys between 1987 and 1990 and sentenced to four and a half years, with the final six months suspended. His legal team, led by Ray Boland SC, submitted that the trial judge should have held a separate trial for the offences committed against one victim, citing the 'circumstances of cruelty' involved in an attack in a wooded area. The defence argued that the incident was more serious than the other counts, as it occurred outdoors in broad daylight. The prosecution, represented by Katherine McGillicuddy BL, stated that all the incidents were sexual offences involving male children in a Scout troop and that the trial judge was correct to refuse the separate trial application. The court reserved judgment on the appeal, with the three-judge court to consider the matter further. The unnamed 80-year-old pleaded not guilty.
A Laois man, Jason Tuthill, who was caught with nearly €400,000 in cannabis, has been sentenced to two and a half years in prison after the Court of Appeal overturned his original suspended sentence. The court found the initial three-year fully suspended sentence too lenient. Tuthill was convicted of possessing 17kg of cannabis and three kilograms of cannabis herb in 2023. The judge, Ms Justice Isobel Kennedy, noted that while there were mitigating factors, such as threats against Tuthill and his family, these did not justify the original sentencing. The court ruled that the headline sentence of eight years should be reduced to five years, with the final two and a half years suspended. The appeal was brought by the Director of Public Prosecutions, who argued that the original sentence was unduly lenient. Tuthill's counsel argued that the sentencing judge considered the circumstances of his life, but the court found that the reduction was excessive.
Ionut Cosmin Nicolescu, a chef convicted of the murder of Frankie Dunne, has appealed his conviction to the Court of Appeal. Nicolescu, who pleaded not guilty to the murder of Dunne at Castle Greine House, Cork, between December 27th and 28th, 2019, was found guilty by a jury and sentenced to life in prison in April 2023. His legal team argues that the trial judge's Section 10 corroboration warning regarding an uncorroborated confession was improper, describing it as a "bullet-point presentation of the prosecution case" rather than a neutral instruction. The prosecution case alleged that Nicolescu violently killed Dunne and subsequently dismembered him, hiding the remains in the property's grounds. While Nicolescu initially accepted the verdict, he later exercised his right to appeal. The defence contended the judge exceeded the narrow scope of the warning by reciting the prosecution's best points. In response, the Director of Public Prosecutions argued the case did not rely solely on the confession and that the judge's instruction was necessary given the confession's retraction. The Court of Appeal, presided over by Mr Justice John Edwards, reserved judgment on the appeal.
The Director of Public Prosecutions (DPP) has appealed the leniency of the three-year sentence given to Aaron Brady for conspiring to pervert the course of justice during his capital murder trial. Brady is already serving a life sentence for the murder of Detective Garda Adrian Donohoe. The DPP's legal team argued that the case raised an important issue of principle, as deterrence is crucial in such circumstances. During the appeal, the judge noted Brady was carrying a water bottle, which could be used as a weapon. Brady was sentenced to three years in prison for perverting the course of justice, but this will not affect his existing life sentence. Brady admitted to recording footage of an interview between gardai and Ronan Flynn, a witness who claimed he heard Brady admit to shooting Detective Garda Adrian Donohoe. The footage was later posted on social media, which the judge described as the most outrageous contempt of court. Brady also sent photographs of portions of Daniel Cahill's statement to Dean Byrne, a violent criminal in prison, in an attempt to intimidate witnesses.
Stephen Mulvey (34) and Jamie Berry (30), both of Leo Fitzgerald House, Dublin, appeared before the Central Criminal Court on an appeal matter. Both men pleaded guilty to conspiring to murder a 17-year-old boy on Eugene Street, Dublin, between February 23 and 24, 2021. The case originated from a 2023 trial for attempted murder, where Justice Eileen Creedon directed an acquittal due to insufficient evidence. The Director of Public Prosecutions successfully appealed this decision, a ruling upheld by the Supreme Court, which directed a retrial. Before the retrial commenced, the defendants entered guilty pleas to the conspiracy charge. Detective Garda Richard Pender testified that the victim was shot in the neck and upper body, suffering life-threatening injuries. Forensic evidence indicated that gardening gloves found on Berry contained significant firearms residue, which an expert linked to the shooter. Berry failed to account for the gloves. While Berry had six previous convictions, Mulvey had 91. Defence counsel argued the case was circumstantial, noting a lack of direct forensic evidence against Mulvey and the absence of CCTV placing them at the scene. Mr Justice Paul McDermott remanded both men in custody until Tuesday, February 3, for sentencing. The matter was adjourned and is not yet concluded.
The Court of Appeal has reserved judgment on an appeal by an unnamed 43-year-old man and a 33-year-old woman, who are seeking a declaration that their 2019 conviction for the female genital mutilation (FGM) of their daughter was a miscarriage of justice. The couple, who originally pleaded not guilty to FGM and child cruelty charges arising from an incident in September 2016, spent two years in prison before the Court of Appeal quashed their convictions in 2021 due to translation inaccuracies. During the appeal proceedings, the Director of Public Prosecutions (DPP) informed the court that it had dropped the FGM charges. This decision followed a December 2023 examination by Swedish expert Professor Birgitta Essen, who concluded the child had never undergone the procedure. A DPP-retained expert, Professor Cecilia Berger, broadly agreed with these conclusions. Hugh Hartnett SC, representing the father, argued the conviction and imprisonment constituted a miscarriage of justice. Conversely, Brendan Grehan SC, for the DPP, maintained that the original trial proceeded lawfully and that the DPP acted in good faith, though it no longer intends to pursue the charges. The court, presided over by Mr Justice John Edwards with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, stated it had significant matters to consider and reserved its judgment on the bid to declare the quashed conviction a miscarriage of justice.
A 43-year-old man and his wife are appealing to have their convictions for female genital mutilation (FGM) declared a miscarriage of justice. The couple, who pleaded not guilty to FGM and one count of child cruelty on the same day, were initially found guilty of FGM in 2019. Their convictions were subsequently quashed by the Court of Appeal in 2021 due to unfairness regarding translation of testimony. Following a retrial in 2023 where the jury disagreed, the DPP entered a nolle prosequi, deciding not to proceed with a third trial after reviewing new expert evidence. The defence argues that new examinations, including a 2023 assessment by a Swedish expert, prove no FGM occurred, constituting a wrongful conviction. The DPP opposes the application, stating the original case was brought in good faith based on conflicting expert opinions and that the issue was a difference of medical views rather than a factual error. The Court of Appeal must be satisfied that a newly discovered fact demonstrates a wrongful conviction before issuing a certificate. The matter is currently at the appeal stage, with the court scheduled to hear responses from the parents' lawyers tomorrow.
A man who was found guilty of ten breaches of a safety order by sending emails and a text to a woman has had all but one of his convictions dismissed under the probation act on appeal. The injured party told the District Court Appeals Court that the man's actions were a "constant harassment" and that she cannot live a normal, peaceful life. The court was told that the parties are subject to an 'Isaac Wunder' order preventing them from taking further legal proceedings without a judge's leave. The man, who cannot be named to protect the anonymity of the parties involved, was convicted in the District Court of ten counts of contravening a safety order by communicating by electronic means with the injured party, contrary to section 33(1) of the Domestic Violence Act 2018. The charges relate to emails and a text sent to the injured party on dates from January 19 to April 15, 2022.
Philip Dwyer, the appellant, appeared before the District Court Appeals Court regarding his conviction for failing to comply with a garda's direction to move on under section 8 of the Criminal Justice (Public Order) Act 1994. Dwyer, who was live-streaming during a riot at the former Crown Paints factory in Coolock, had previously been convicted in the District Court after denying the charge. He received a two-month suspended sentence and a 500 euro fine. On appeal, defence counsel argued that only 17 seconds elapsed between the direction and the arrest, suggesting Dwyer was not given a fair opportunity to comply. The court also heard that the senior garda identified Dwyer as a "right wing agitator online," a description Dwyer alleged was biased. Judge Ronan Munro indicated that he was inclined to dismiss the case under section 1(1) of the Probation of Offenders Act, 1907, leaving Dwyer without a conviction. This proposed disposal is conditional on Dwyer paying 200 euro to the garda benevolent fund within four weeks. The judge expressed concern over the rapidity of the arrest but noted that Dwyer's refusal to answer questions demonstrated non-compliance. The matter was adjourned until February 24 to confirm that the payment has been made.
A man who entered the ladies toilet in a Dublin pub and placed his phone into an occupied cubicle had his conviction for threatening and abusive behaviour replaced with a probation bond on appeal. Martin Snee, 58, was originally sentenced to six weeks in prison and ordered to pay €1,000 in compensation. The injured party, who was in the pub with her husband, was deeply affected by the incident and found it upsetting to walk past the pub. She confronted Snee, who was later arrested. The defence argued that Snee suffers from obsessive compulsive disorder and that his actions were not predatory. The judge commended the injured party for her decisive actions and replaced the prison sentence with a three-year probation bond, requiring Snee to pay €1,000 to the injured party and avoid the pub and the victim. He must also not carry a phone or camera and continue attending psychological support.
Michael Murray, a 60-year-old cattle farmer from Moneygall, County Offaly, is appealing his conviction for importing €730,000 worth of cannabis. In 2023, a jury at Tullamore Circuit Court found him guilty of importing a controlled drug in excess of €13,000 and having drugs for sale or supply, rejecting his not guilty plea. He was sentenced by Judge Keenan Johnson to ten years in prison, with the final two years suspended. The appeal before the Court of Appeal centers on whether the jury was misled by prosecution evidence suggesting Murray was the specific target of a garda operation. Defence counsel argued that the solicitor failed to recognize the prejudicial nature of this evidence, which was introduced during the trial. State counsel countered that the defence solicitor explicitly agreed to the introduction of this material. The court noted that no requisition was made to the trial judge to object to the evidence, implying an agreement. The presiding judge, Mr Justice Patrick McCarthy, reserved judgment, and the matter was adjourned.
A man convicted of sexually abusing three of his siblings has appealed his eight-year sentence as disproportionate. Gerry Harte, aged 72, of Tullynacrunat North, Castleblayney, County Monaghan, pleaded guilty to 15 counts of indecent assault against two younger sisters and a younger brother during the 1970s and 1980s. The Central Criminal Court imposed the sentence in October 2024. At the Court of Appeal, Harte's counsel argued the sentence breached proportionality principles, as the original charges fell under legislation carrying a maximum term of two years. The defence contended that imposing consecutive sentences both within and across victims effectively circumvented the statutory ceiling, resulting in a sentence four times the legal maximum. The Director of Public Prosecutions countered that the trial judge properly considered each victim's circumstances and the persistent nature of the offending. Justice Isobel Kennedy reserved judgment on the appeal.
Dylan Mangan, 27, of Patrick Heaney Crescent, Dublin 1, who pleaded guilty to making unwarranted demands with menace in March 2020, has argued that his five-year sentence was twice as severe as that of his co-accused, Des Smyth. Mangan was jailed for five years by Judge Martin Nolan, who described the threats as menacing and frightening, including threats to kill victims and slit the throats of their children. Smyth was sentenced to four years with the final 18 months suspended for three years. Mangan's legal representative, Paul Carroll SC, argued that the sentencing judge failed to consider the principle of parity and rehabilitation, as Mangan's sentence had no suspended element. He highlighted Mangan's difficult upbringing and issues with gambling. The Director of Public Prosecutions, Jane McCudden BL, defended the judge's decision, stating that Mangan was the lead assailant and had a more culpable role in the premeditated and planned offence. The court reserved judgment on the appeal.
Raymond Donovan (44), who murdered his ex-girlfriend 21 years ago, had his claim that the Court of Criminal Appeal had substituted his life sentence with a 20-year term dismissed by the High Court. Mr Justice Garrett Simons ruled that Donovan had no basis for his claim and that it caused distress to the victim's family. Donovan, formerly of New Houses, Cooraclare, Co Clare, strangled his former girlfriend, Ann Walsh (23), to death in 2005. He launched a High Court bid for release, claiming the Court of Appeal had substituted his sentence, but no detention warrant proved this. The court found that the Central Criminal Court could not direct any other sentence than the mandatory life imprisonment for murder. Donovan's application was dismissed, and the judge said there was no basis for his claim of legality over his imprisonment. Raymond Donovan was convicted.
A Central Criminal Court judge has accepted that he cannot review the sentence imposed on Boy B, who murdered schoolgirl Ana Kriegel when he was 13 years old. The judge, Mr Justice Paul McDermott, noted that the Supreme Court ruled that sentencing courts do not have jurisdiction to review terms of detention for child offenders. Boy B was sentenced to 15 years' detention with a review after eight years, but the Supreme Court found that life sentences for child murderers should only be imposed in exceptional cases. Boy B's lawyers withdrew his appeal against his conviction, and the court heard details of the murder, where Boy B lured Ana to a derelict house, knowing that Boy A intended to kill her. Boy A was sentenced to life imprisonment with a review after 12 years, and he will appeal his sentence in light of the Supreme Court's ruling.
A 33-year-old man convicted of defiling a child at his home has been granted bail pending his appeal against conviction at the Court of Appeal in Dublin. The man, whose identity is protected to safeguard the complainant, was convicted by majority jury verdict at Castlebar Circuit Court in 2020 of defilement and sentenced to two years imprisonment with the final year suspended. He was acquitted of a separate sexual assault charge relating to the same complainant. His legal team objected to the trial judge's references during jury directions to the prosecution's characterisation of the defence as a "Bart Simpson defence", arguing this amounted to judicial advocacy and rendered the trial unfair. Ms Justice Isobel Kennedy found the threshold for bail was met, particularly regarding comments she identified as potentially prejudicial. The man was released on his own bond of €150 with a €5,000 cash lodgement, subject to conditions including attendance at a local garda station three times weekly. The appeal hearing is scheduled for 7 May.
Convicted murderer Raymond Donovan has applied to the High Court for his release from prison, claiming that the Court of Appeal replaced his life sentence with a 20-year term. Donovan, who strangled his former girlfriend Ann Walsh to death on the grounds of a church in 2005, was sentenced to life imprisonment in 2006. He now argues that the Court of Appeal substituted his sentence, and that prison authorities do not have the necessary documents to justify his continued detention. In an ex-parte application, Donovan's legal team successfully sought permission to inquire into his detention, citing Article 40.4.2 of the Constitution. He claims that prison officials have provided him with documents indicating a 20-year sentence, but he has been unable to obtain a copy of the Court of Appeal's warrant. Donovan is seeking a full inquiry into the legality of his detention and potentially bail. The High Court has adjourned the matter for further proceedings. At his trial, Donovan admitted to choking Ms Walsh but claimed he did not intend to kill her.
A teenager who used "extreme violence" in kicking a defenceless man to death has been given more time to bring an appeal against his life sentence following a landmark Supreme Court decision. The youth was 16 when he murdered Romanian national Claudio Robu (39) on a laneway off Madison Road, South Circular Road, Dublin 8 on September 14, 2020. He pleaded guilty in 2021 and was sentenced to life detention with a review after eight years. He had been due to come back before the Central Criminal Court in June 2028 to review his progress and to allow the court to consider whether he could safely return to society. However, last March the Supreme Court ruled that a sentencing court does not have jurisdiction to review terms of detention imposed on child offenders.
Vincent Hendy, who was sentenced to six months in custody for damaging a car with a gardening hoe, had his sentence overturned on appeal. Judge Christopher Callan at the District Court Appeals Court suspended the sentence for two years due to Hendy's family medical needs, despite noting a lack of remorse. Hendy, who works as a carer for his wife, who has had two strokes, was found guilty of criminal damage. His defence highlighted his caregiving responsibilities and his lack of intent. The judge required Hendy to pay €1,000 in compensation, complete an anger management course, and avoid interfering with cars at the East Pier Howth public car park. The appeal focused on the severity of the sentence rather than the guilt.
The Court of Appeal has reserved judgment in the appeal against the murder convictions of Michael Dooley, Thomas Dooley Jnr, and Patrick Dooley. The three men, who pleaded not guilty, were found guilty by a jury in 2024 of murdering Thomas Dooley at Rath Cemetery in County Kerry on October 5, 2022. Prosecutors alleged the attack was an 'honour killing' carried out with 'focused and murderous ferocity' using bladed weapons. All three appellants received life sentences from Ms Justice Mary Ellen Ring in July 2024. During the appeal, counsel for Michael Dooley argued he was misidentified and the case should have been withdrawn from the jury. Counsel for Thomas Dooley Jnr contended his arrest was unlawful, while Patrick Dooley's lawyers challenged the admission of evidence regarding a weapon. The DPP countered that circumstantial evidence, including CCTV of vehicles fleeing the scene and the discovery of Michael Dooley in a van, supported the convictions. The court heard that the misidentification issue was extensively addressed in the trial judge's directions. The matter was adjourned as the court reserved judgment.
Three men convicted of the kidnap and torture of Quinn Industrial Holdings director Kevin Lunney have had their conviction appeals dismissed by the Court of Appeal. Alan Harte, Alan O'Brien, and Darren Redmond, all from East Wall, Dublin, were found guilty by the Special Criminal Court in 2021 of false imprisonment and intentionally causing harm to Mr Lunney at Ballinagh, Co Cavan on 17 September 2019. Mr Justice Patrick McCarthy, sitting with two fellow judges, rejected all grounds of appeal, including challenges to the admissibility of DNA evidence from a van used by the kidnappers, phone records obtained via warrant, and CCTV footage. The court found no error in the trial court's decisions on these matters. Harte received a 30-year sentence, O'Brien 25 years, and Redmond 18 years with the final three suspended. All three men confirmed they intend to appeal their sentences, with the matter listed for case management on 13 February.
Three appellants, Thomas Dooley Jnr, Patrick Dooley, and Michael Dooley, appeared before the Court of Appeal to challenge their convictions for the murder of Thomas Dooley at Rath Cemetery, Tralee, on October 5, 2022. The State alleged the men participated in an honour killing using bladed weapons. All had pleaded not guilty. At trial, five defendants received life sentences, while a male teenager was found guilty of murder but not sentenced, as he was expected to seek judicial review. Thomas Dooley Jnr was also convicted of assault causing harm to Siobhán Dooley. Today, the court jailed him for four-and-a-half years for that assault, backdated to November 16, 2022, to run concurrently with his life sentence. Counsel for Thomas Dooley Jnr argued his arrest and detention were unlawful, while counsel for Patrick Dooley contended a leading question regarding a sword was improperly admitted. The appeal continues tomorrow before the three-judge court. The matter was adjourned and is not concluded.
The 40‑year‑old defendant, whose name is withheld to protect complainants, was convicted in December 2023 on nine counts of sexual assault under the Criminal Law (Rape) Amendment Act 1990. The offences, alleged to have occurred between March 1996 and July 2002, involved three women who were aged six, seven and 17 at the time. The defendant, aged 11 to 17 during the alleged acts, was jailed for four years by Mr Justice David Keane in April 2024. He appealed on two grounds: that the trial judge should have severed the charges relating to the third complainant from those involving the first two, and that a doli incapax defence should have been granted. The Court of Appeal dismissed both grounds, ruling that the judge's decisions were not erroneous and that sufficient evidence existed to rebut the doli incapax presumption. The appeal was dismissed by Mr Justice John Edwards. The case remains at the conviction stage.
A 68-year-old man who was convicted of sexually abusing four family members, including his granddaughter and nephew, will continue to serve a life sentence after the Court of Appeal rejected his appeal. The man was found guilty of 24 charges, including two charges of anally raping his granddaughter and 22 charges against his nephew. He had denied all the charges and launched an appeal, arguing that the jury was prejudiced by evidence given by his daughter. The Court of Appeal dismissed the appeal, with Mr Justice Patrick McCarthy stating that the evidence given by the man's daughter was essential to understanding the case. The judge noted that the evidence was admissible both as background evidence and to support the accounts from the man's granddaughter and nephew. The appeal also included arguments about the jury's verdict on one of the counts, but the court found no prejudice. The man's sentencing hearing was told he did not accept the verdicts of the jury and continues to maintain his innocence.
The Court of Appeal has upheld the murder conviction of Lee Canavan, who was jailed for life by the Special Criminal Court in June 2021 for his role in the 2016 killing of David 'Daithí' Douglas. Canavan, who pleaded not guilty, was found to have participated in a joint enterprise to murder Mr Douglas at Shoestown, Bridgefoot Street, Dublin 1, on July 1, 2016. The appellate court dismissed his argument that the prosecution wrongly relied on him being the triggerman, ruling that the case was properly based on common design. Canavan was also concurrently sentenced to five years for criminal damage to a getaway vehicle. This appeal follows earlier convictions in the case: Frederick 'Fat Freddie' Thompson was sentenced to life in 2018; Nathan Foley pleaded guilty to assisting a criminal organisation and received six years in 2019; and Gareth Brophy was jailed for ten years in 2020 for acting as a getaway driver. The court affirmed that Canavan's involvement in the meticulously planned execution was established by evidence of his movements with four vehicles and his participation in the attempted arson of a stolen Suzuki Swift.
A 64-year-old man who sexually abused and raped two of his sisters, his niece, and his own two daughters has failed in his attempt to overturn his convictions. At the Court of Appeal, Mr Justice Patrick McCarthy ruled that there was no prejudice to Richard O'Brien by the trial judge allowing the victims to give evidence via video link. The court also rejected O'Brien's argument that there was no evidence of a lack of consent from some of the complainants. O'Brien was convicted unanimously by a jury in 2023 following a trial in the Central Criminal Court. His five victims, including his sisters, niece, and daughters, waived their right to anonymity so he could be named. The abuse occurred at his family home in Ballyfermot and continued until the women ran away as teenagers. The women described physical abuse and emotional torture at his hands. O'Brien also abused his own daughters, leading to their removal into care. One daughter later told her foster mother about the abuse, prompting others to come forward.
A 62-year-old man who sexually abused three children over several years had his sentence increased from five years and three months to eight years in prison after the Court of Appeal ruled the original sentence was unduly lenient. The man, who cannot be named to protect the victims, admitted to five charges of indecent assault. The Court of Appeal noted that the abuse was not a one-time incident but occurred repeatedly over a long period. The assaults involved digital penetration and genital touching, and the perpetrator exploited his position as a trusted neighbor and employee. The victims were preteens, while the perpetrator was significantly older, and the court emphasized the cruel exploitation of the age difference. The judge noted that the abuse was pre-planned and occurred when the victims were away from adults. A psychological report indicated the perpetrator had an intellectual disability, but the court ruled that this did not mitigate his culpability. The unnamed 62-year-old pleaded guilty.
Two men, Philip Disney (30) and Sean Carlyle (32), who were sentenced to life imprisonment for the murder of Vincent Parsons during a Stag night in 2019, have failed in their appeal to overturn their convictions. The attack, described as 'extraordinarily savage,' occurred near the Killinarden Inn on August 24, 2019, after Mr. Parsons became 'messy' and irritated Disney during a night out. The trial heard that following an altercation, the two men followed Mr. Parsons in a van and fatally assaulted him on a nearby green area. During the sentencing, Mr. Parsons' wife, Clare, expressed how his death had 'fallen apart' the lives of their two children. The Court of Appeal dismissed all grounds raised by Disney and Carlyle, including claims that evidence was prejudicial or that the trial judge made errors in rulings. The court upheld the conviction, noting that the CCTV footage was properly admitted and that the jury was correctly not discharged. The appeal also failed to challenge the admissibility of evidence, including statements made by the defendants during searches and interviews.
The Court of Appeal ruled that it would be 'unjust' to jail a former Bank of Ireland employee who stole almost €200,000 and attempted to set the bank branch on fire, despite finding her original sentence too lenient. Maureen McCormack, who stole the money to pay for IVF treatment debts, was sentenced to community service and a suspended prison term. The Director of Public Prosecutions sought a review of the sentence, arguing that it was unduly lenient. The Court of Appeal found that the sentences imposed were too lenient and should have included custodial sentences. However, the court decided not to impose custodial sentences at this stage, as McCormack had successfully completed her community service and made restitution. The court noted that the sentences were not an indicator for similar cases but rather an exception. McCormack had paid over €115,886.82 in compensation and had a successful work history. The incident came to light when a fire broke out in the bank's storeroom, and an inspection of the vault revealed a significant shortfall in the money. Maureen McCormack pleaded guilty.
Matthew Fadeyi, a father of three from Navan, Co Meath, appeared before the Court of Appeal to challenge his conviction for rape. He was convicted of one count of rape following a retrial in May 2024, after a jury failed to reach a verdict in his initial 2021 trial. The incident, alleged to have occurred in August 2018, involved sexual intercourse in the back of a car with a significantly younger acquaintance. Fadeyi was sentenced by Mr Justice Kerida Naidoo to six years and six months in prison, with the final year suspended. His counsel, Barra McGrory KC, argued the trial was prejudiced because gardaí failed to take statements from the victim's parents, who discovered emergency contraception pills. Counsel suggested this omission prevented testing the consistency of the complaint, claiming the victim might have altered her account under pressure. The State, represented by Ronan Kennedy SC, rejected this as "transcript trawling," noting the defence had not raised this issue during the original trial and had admitted evidence of recent complaint. The State emphasized that the victim disclosed the incident to others immediately. Ms Justice Tara Burns reserved judgment, meaning the matter was adjourned and not concluded.
The Court of Appeal has ruled that a Riverstown man's drugs sentence was unduly lenient, yet he will serve no additional time in custody. James Murphy, aged 66, was convicted in 2021 of participating in a joint enterprise to supply cocaine valued at €281,148, which was seized by gardaí at a McDonald's car park in Drogheda in November 2015. He was originally sentenced to seven years with the final year suspended. The Director of Public Prosecutions appealed on grounds of undue leniency. Mr Justice Brian O'Moore found the sentencing judge's treatment of Murphy on equal terms with his co-accused was "seriously flawed" and increased the sentence to ten years, the mandatory minimum. However, noting Murphy had already completed his original sentence and was released into the community, the judge suspended the final four years of the revised sentence for twelve months, contingent on no further offences. James Murphy pleaded not guilty.
The Court of Appeal has ruled that the combined sentences of 35 years imposed on a notorious rapist were justified, as the offences are at 'the highest level of gravity.' Michael Murray, who was found guilty in 2021 of making death threats against his lawyers and harassing his victim, had appealed the severity of his 16-year sentence. The court dismissed the appeal, stating that there were no mitigating factors and that the sentences were justified given Murray's re-victimisation of his rape victim, the attack on the lawyers involved, and his 'appalling criminal record.' Murray, who has 34 previous convictions, including those for common assault, carrying firearms, robbery, and aggravated burglary, was sentenced to nine years for the threat to one lawyer and seven years for the threat to another. The judge ordered that these sentences be served consecutively to each other, for an effective operative sentence of 16 years. The court emphasized that the sentences were necessary to ensure that the punishment was 'condign but proportionate' and that the totality principle was correctly applied. Michael Murray pleaded not guilty.
Jason O'Driscoll, convicted of the murders of Anthony Burnett and Joseph Redmond in Co Louth in 2012, had his appeal reheard today before a reconstituted Court of Appeal panel. The matter was previously adjourned after it emerged that one of the original judges, Mr Justice Patrick McCarthy, had presided over O'Driscoll's 2017 trial. O'Driscoll, who pleaded not guilty and was sentenced to life imprisonment in October 2018, argues that the conviction is unsafe due to flawed expert vehicle identification evidence and a tweet from a prosecution expert's account. Defence counsel Seán Guerin contended that the evidence from Acuity Forensics lacked scientific validity and that the tweet, which congratulated the Gardaí on the conviction, acted as a "marketing tool" undermining the expert's independence. The prosecution, represented by Patrick Gageby SC, maintained that the vehicle identification was part of the circumstantial evidence and that the tweet did not indicate a lack of impartiality. The court has reserved judgment on the appeal.
Court of Appeal President Ms Justice Caroline Costello has fixed a hearing date for Jozef Puska's appeal against his conviction for the murder of Ashling Murphy. The appeal is scheduled for April 23 and 24, 2026. Puska, who pleaded not guilty to murdering Ms Murphy at Cappincur, Tullamore, Co Offaly on January 12, 2022, was convicted by a jury and is serving a life sentence. His legal team indicated that submissions are advanced but await two relevant Court of Appeal judgments. Ms Justice Costello noted that waiting indefinitely was not viable and set the date to progress the listing of cases. The appeal is expected to last two days. Puska has been granted legal aid for the appeal. In related matters, his brothers Marek and Lubomir Puska were each sentenced to 30 months in prison for withholding information. Their wives, Viera Gaziova and Jozefina, received sentences of 24 and 21 months respectively for burning evidence. Additionally, Puska's partner, Lucia Istokova, pleaded guilty to withholding information and was sentenced to 20 months. These sentences were handed down earlier this year, prior to the start of the relatives' trial.
One of the getaway drivers involved in the Regency Hotel attack, during which Kinahan Cartel member David Byrne was killed, has suffered a stroke while in custody, a court has heard. Jason Bonney (55) and his co-accused Paul Murphy (64) were tried alongside Gerard 'The Monk' Hutch in 2022. Hutch was acquitted of the murder, but Bonney and Murphy were convicted of facilitating the murder by the rival Hutch criminal organisation. Their appeals against the convictions were dismissed in November, and they planned to appeal their sentences. Their cases were listed before the Court of Appeal, but Bonney's barrister informed the court that he had suffered a stroke in custody and requested a medical report from his treating consultant. Murphy's barrister stated that both men have been in custody since April 2023 and that their legal teams are seeking a hearing date for their sentence appeals. Ms Justice Caroline Costello noted that if Bonney's stroke was relevant to the case, information from the treating doctor was needed. Paul Murphy pleaded not guilty.
The Court of Appeal has adjourned sentencing appeals for two defendants convicted of murder while under 18, following a Supreme Court ruling restricting life sentences for child offenders. In the first case, a 19-year-old man was found guilty by a jury in 2022 of murdering Urantsetseg Tserendorj in Dublin in 2021, after pleading guilty to manslaughter. His counsel argued the case lacked the 'exceptional circumstances' required for a life sentence, citing lack of premeditation. The DPP countered that the attack was intentional and brutal. In the second case, a defendant who was four months shy of 18 pleaded guilty in 2020 to the murder of Cameron Blair in Cork. His lawyer argued his immaturity and lack of planning precluded a life sentence, while the DPP highlighted the use of a large knife. The Supreme Court previously ruled that life sentences for children are only appropriate in exceptional cases and that part-suspended sentences are permissible if detention continues past age 18. The three-judge court reserved judgment in both matters, meaning the appeals were adjourned rather than concluded.
The Court of Appeal has reserved judgment on appeals against the sentences of three men convicted of the gang rape of a 17-year-old student in December 2016. The defendants, Gabriel Gomes Da Rocha, Eduardo Dias Ferreira Filho, and Marcus De Silva Umbelino, were unanimously convicted by a Central Criminal Court jury. In June 2022, Ms Justice Tara Burns sentenced Da Rocha to 20 years, Ferreira Filho to 18 years, and Umbelino to 15 years, suspending the final year of each term. The appeals argue these sentences are excessive. Counsel for Da Rocha and Ferreira Filho contended the trial judge erred in categorizing the offending in the highest band, suggesting a 10-to-15-year range was appropriate given their ages and lack of prior convictions. For Umbelino, who was a minor at the time, counsel argued the reduction for youth was insufficient, citing UK guidelines. The Director of Public Prosecutions maintained the trial judge correctly applied the law and considered mitigating factors. The matter was adjourned pending the court's decision.
Elon Musk and X Holdings Corp, acting as appellants, were granted permission by the High Court to challenge a formal investigation by Comisiún na Meán into whether the X platform contravened Article 20 of the EU Digital Services Act regarding internal complaint-handling systems. Ms Justice Mary Rose Gearty also granted a stay on the investigation until the matter is heard next year. The appellants, based in the US, submitted that they are not the provider of the X service in the EU, arguing that X Internet Unlimited Company (XIUC) is the designated provider. They claimed the commission acted beyond its powers by investigating them without determining their status as intermediary service providers. XIUC, which also sought leave for judicial review, argued the commission unlawfully varied the investigation's scope and that the notice lacked legal certainty and specific particulars of suspected contraventions. Ms Justice Gearty granted both applications for leave to seek judicial review and ordered a stay on the investigation pending the hearing scheduled for January. The matter remains at the procedural stage of an appeal, with the investigation suspended rather than concluded.
A man with 115 previous convictions, Eoin Jarvis (34), who damaged a car in a Dublin car park, had his eight-month jail term replaced with a fully suspended sentence on appeal. The District Court Appeals Court heard that Jarvis, who has last address at Blanchardstown, Dublin 15, was convicted of damaging property at Park Rite, Parnell Street, Dublin 1, under section 2(1) of the Criminal Damage Act, 1991. Garda Craig White told the court that Jarvis damaged a Nissan Qashqai SUV on July 10, 2024. Defence counsel, Paul Larkin Coyle BL, stated that Jarvis has made considerable progress, is now sober, and has completed treatment with Merchants Quay Ireland. He has a construction course lined up and has not come to garda attention in recent months. Judge Jonathan Dunphy noted Jarvis's progress and decided to fully suspend the eight-month sentence for two years, with conditions including participation in aftercare, addiction counselling, and continued attendance at Merchants Quay Ireland and St James Camino Network services.
A former couple who carried out a 'prolonged' three-hour attack on a grandmother, who lost an eye after being struck several times with a hammer and tied up in a bin bag, have had their convictions upheld by the Court of Appeal. Gerard Stokes (44) and Samantha Campbell (36) were convicted of seriously assaulting the woman, falsely imprisoning her, and committing an aggravated burglary. The attack, which occurred at Stokes' home in December 2018, involved Stokes repeatedly hitting the victim with a hammer and threatening to kill her. The woman was tied in a bin bag and subjected to severe injuries, including the loss of her eye. Stokes received a 13-and-a-half-year sentence, with two years suspended, while Campbell received a 12-year term, also with two years suspended. The pair appealed their convictions, arguing that the victim's statement to gardaí should not have been admitted as she was 'in and out of consciousness' at the time. However, the Court of Appeal dismissed the appeal, stating that the statement was made voluntarily and was reliable.
Nassar Ahmed, 45, of Ennis, is appealing his murder conviction for the killing of Eoin Boylan, 32, at Gordon Drive, Cloughleigh, Ennis, on April 14, 2020. Ahmed had pleaded not guilty to murder but guilty to manslaughter, claiming self-defence. However, a jury unanimously found him guilty of murder, rejecting his defence and accepting the prosecution's allegation that he stabbed Boylan three times in a "sneak attack" after inviting him to a fist fight while concealing a knife. In July 2022, Ms Justice Eileen Creedon sentenced Ahmed to the mandatory term of life imprisonment at the Central Criminal Court. During the appeal hearing, Michael Bowman SC, representing Ahmed, argued that the trial judge erred in her ruling on how certain evidence was presented, contending that the verdicts should be set aside. Conversely, Lorcan Staines SC, for the Director of Public Prosecutions, asserted that the trial judge's ruling was entirely correct. The three-judge Court of Appeal, presided over by Ms Justice Isobel Kennedy, reserved judgment and will deliver its decision at a later date. The matter was adjourned.
The Court of Appeal has quashed the original sentence of David Hamilton and resentenced him to eight and a half years for the rape, oral rape, and sexual assault of two female relatives in Meath between 2004 and 2008. Hamilton, who pleaded guilty to the charges, had previously been sentenced to seven and a half years by Mr Justice Tony Hunt at the Central Criminal Court. The Director of Public Prosecutions successfully appealed on the grounds that the original term was unduly lenient. Ms Justice Isobel Kennedy noted the prolonged nature of the abuse and the defendant's awareness of its wrongfulness. The new sentence includes a suspended final year, with the suspension remaining in place for life. Jonathan Hamilton, David's brother, was separately sentenced to three years for one count of rape and sexual assault of the older victim in 2005, with the final six months suspended for life. The younger victim stated she was happy with the additional year added to David Hamilton's term, expressing hope to begin healing without fear.
A man, David O'Shea, who sent threatening voicemails to his landlord, has been given a four-month suspended sentence on appeal. O'Shea, 46, was convicted of threatening to kill and damage property, and was initially sentenced to four months in jail. His appeal was allowed, and the sentence was suspended for three years. The voicemails, which were four minutes long, included threats to burn the landlord's house down and 'reign down terror' on his family. O'Shea's defense argued that the severity of the sentence was too harsh, noting his apology and the impact of the pandemic on his mental health. The judge acknowledged the severity of the offenses but gave credit for O'Shea's plea and his apparent turnaround in life. The judge hoped the decision would not negatively affect O'Shea's employment. The suspended sentence was given with the hope that O'Shea would not lose his job as a result of the conviction.
An arsonist who had his manslaughter conviction quashed by the Court of Appeal has been re-sentenced to six years in prison. Dean Boland (37) was originally jailed for eight years in March 2023 after being convicted of the unlawful killing of Ohari Viera in August 2018. Boland had broken into a Dublin residential property, stole a rucksack, and set fire to the building. Mr Viera, who was living upstairs with two others, managed to evacuate safely, but he later returned to the property for an unknown reason and did not return. The fire engulfed the building, and Mr Viera died from cardiac arrest due to smoke inhalation. The Court of Appeal quashed Boland's manslaughter conviction, stating that Mr Viera's return to the fire broke the chain of causation. The case was returned for sentencing on the counts of arson and burglary. Judge Elma Sheahan imposed a six-year sentence on Boland for arson, backdating it to December 2022. She noted Boland's 32 previous convictions and the serious nature of the offence.
Slawomir Gierlowski, a convicted serial sex offender, appeared before the Court of Appeal to challenge his conviction for the May 30, 2011, attack on a young mother at Ballymount Park. Gierlowski, who maintains his innocence, was found guilty by a jury of assault causing harm, false imprisonment, and production of an article. His legal team argued that the case relied on fragile circumstantial evidence and weak forensic material, specifically DNA found on a cigarette packet and a flex. Counsel for the State countered that the evidence must be viewed cumulatively, noting that the flex bore Gierlowski's partial fingerprint and the victim's DNA, while a Marlboro box with his DNA was found near the scene despite his denial of smoking that brand. The Court of Appeal reserved its judgment on this appeal. Gierlowski's current status stems from a July 2021 sentencing where he received a further ten years consecutive to his 2018 sentence of 22.5 years (with four years suspended) for prior attacks, totaling 28.5 years. He was subsequently sentenced to an additional six years for the Ballymount Park offence. The matter remains under appeal, with the court yet to deliver its final decision on the validity of the conviction.
Gerard Nevin, who was convicted of sexually abusing his stepdaughters, had his original four-year prison sentence increased to ten years by the Court of Appeal following new sentencing guidelines. The court found that the seriousness of the abuse, which occurred over a period of eight years, warranted a longer sentence. The victims, who were aged between seven and 16 when the abuse occurred, waived their right to anonymity. The judge noted that the abuse was systematic and calculated, causing significant harm to the victims. The new guidelines placed Nevin's case in the upper range of offending, with a headline sentence of nine to 14 years. The court imposed a 12-year sentence, with two years suspended, and required Nevin to engage in offense and victim-focused work. The case was highlighted as one of the most serious sexual abuse cases due to the prolonged nature of the offending and the vulnerability of the victims. Gerard Nevin pleaded guilty.
Ramon Terrobias, a 62-year-old defendant, pleaded guilty to one count of possession of child sexual abuse material (CSAM) on March 13, 2021. The matter was heard at the appeal stage, where Judge Martin Nolan imposed a two-year sentence, suspended in full on strict conditions. The court noted that Terrobias was found in possession of 296 files of CSAM, comprising 144 images and 152 videos, seized from his home in Finglas, Dublin 11. During the search, Terrobias made admissions and pointed to the devices containing the material. He told gardai that another member of a Facebook group forwarded him the material, and he claimed he saved it to investigate who was victimising children, rather than for personal gratification. The prosecution acknowledged there was no evidence of distribution or prior offending. Defence counsel highlighted Terrobias' social isolation, describing him as living "effectively as a hermit," and noted his low risk of re-offending. The judge accepted that there were no aggravating features such as distribution or previous convictions. Citing a Court of Appeal precedent favouring non-custodial sentences in the absence of such aggravating factors, the judge imposed the fully suspended sentence based on the mitigation and the defendant's personal circumstances.