In 2012, Zachary Coughlan Ryan, aged 38, was convicted of kidnapping Stephen Cusack, 19, and Niall Reddan, 21, at Caisleann na hAbhainn, Castletroy. He was found guilty by a jury after a 14‑day trial and sentenced to eight years and three months imprisonment on 28 January 2014. Ryan appealed on grounds that a prosecution witness had made an inadmissible comment before the jury, stating that Ryan had previously been in jail twice. The Court of Appeal, led by Mr Justice Alan Mahon, agreed that the comment had a prejudicial effect, potentially influencing the jury's view of Ryan's character. The appeal was allowed, the conviction was quashed, and a retrial was ordered. The case remains at the retrial stage, with no further outcome reported in the article. Zachary Coughlan Ryan pleaded not guilty.
A construction company director from Roscommon has secured a four-week postponement of his extradition to the United Kingdom on humanitarian grounds. Thomas Joseph O'Connor, aged 49, is wanted in England for his involvement in a £5 million tax fraud. He was sentenced in absentia at Blackfriars Crown Court in London in January 2007 to four and a half years imprisonment. Following conviction, O'Connor failed to attend his sentencing and now faces additional charges of absconding. Arrested on an extradition warrant in 2009, he subsequently lost appeals in both the Court of Appeal and the Supreme Court. At the High Court hearing on Thursday, O'Connor requested postponement to care for his terminally ill brother, who is undergoing palliative care in Roscommon. Medical evidence confirmed O'Connor's involvement in his brother's treatment and hospital visits. Judge Aileen Donnelly granted the application, citing particular closeness between the brothers. O'Connor must reappear on May 5th, with stricter conditions applicable to any further extension request.
The Court of Appeal has reserved judgement on the appeals of Wayne Dundon (39) and Nathan Killeen (27) against their convictions for the murder of businessman Roy Collins (35) in Limerick. The Special Criminal Court had found Dundon had ordered the killing from prison and Killeen was the getaway driver for gunman James Dillon, giving both mandatory life sentences. Dundon's counsel, Remy Farrell SC, argued the trial court failed to analyse controversies, inconsistencies in witness accounts and factual issues. Killeen's counsel, Giollaíosa Ó Lideadha, sought quashing on grounds of fairness, gunshot residue evidence, a general warrant, and the reliability of Lisa Collins' testimony. The Court of Appeal, with Justices Birmingham, Mahon and Edwards, noted the many issues raised and will reserve judgement. The case remains at the appeal stage. Wayne Dundon pleaded not guilty. Nathan Killeen pleaded not guilty.
The article reports that Nathan Killeen, the getaway driver in the 2009 murder of businessman Roy Collins, has filed an appeal against his conviction. Killeen, aged 27, was found guilty by a Special Criminal Court after a 29‑day trial, alongside co‑accused Wayne Dundon, who was 39. The court had given both men mandatory life sentences. Killeen's barrister, Giollaiosa O Lideadhda SC, argues that the trial judge failed to provide reasons, to analyse forensic evidence, and to address collusion issues, particularly concerning witness Lisa Collins. He also contends that the court did not adequately assess the reliability of prosecution witnesses or the disclosure of evidence. The appeal will be heard by a panel of judges, including Justice George Birmingham, Justice Alan Mahon and Justice John Edwards, on the following day. The article focuses solely on the appeal filing and the arguments presented by Killeen's counsel. Nathan Killeen pleaded not guilty. Wayne Dundon pleaded not guilty.
In a High Court appeal, Mr Justice Paul Gilligan removed a lis pendens registered by Theresa Andreucetti, which was impeding the sale of Lynam's Hotel on Upper O'Connell Street. Nama appointed receiver Aiden Murphy sought the removal, arguing the notice, registered last September, was an attempt to frustrate an agreed contract for sale. Andreucetti, of Castleknock Road Dublin, had previously operated the hotel under a 15-year lease and sought injunctions to prevent possession, which were settled with a deadline to vacate by August 1st last year. Her counsel, Robert Beatty SC, argued the notice should remain pending the full dispute, where she claims her lease termination is invalid and seeks restoration to the premises. The judge was satisfied to vacate the lis pendens, noting Andreucetti had not progressed her claim with expedition and was aware of the receiver's intent to sell. The court established a timetable for document exchange to facilitate a prompt full hearing. The judge adjourned the matter to a date early next month. Following the ruling, Beatty requested a stay pending an appeal. The judge granted a stay only until lunchtime on Wednesday, allowing Andreucetti's lawyers time to apply to the Court of Appeal for a stay pending the outcome of her appeal against the lifting of the lis pendens.
Marta Herda, a 29‑year‑old woman from Arklow, drove a 31‑year‑old Hungarian man, Csaba Orsos, into a deep harbour where he drowned. The incident occurred on 26 March 2013 when Herda drove her Volkswagen Passat through the crash barriers at South Quay, Arklow, before 6 a.m. The Polish waitress, who was with Orsos, escaped through the driver's window, but Orsos's body was found on a nearby beach later that day. A post‑mortem found he died from drowning, not from injuries related to the crash. Herda pleaded not guilty, but a jury at the Central Criminal Court found her guilty of murder and she received a mandatory life sentence on 28 July 2016. She has lodged an appeal and a hearing is scheduled for 18–19 July 2024, with the expectation that the appeal will take two days of hearing. The case management hearing was held without Herda present.
Peter Jackson, aged 42, was sentenced to life imprisonment for the murder of David Hamilton, aged 31, during a drug‑related dispute on 4 May 2012 at a house on Kerryhall Road, Fairhill, Co. Cork. The Central Criminal Court found Jackson guilty after a jury trial, and Justice Isobel Kennedy imposed the mandatory life sentence on 23 November 2015. The case involved both men being heroin users who had purchased two bags of heroin earlier that day, each worth €50, and had attempted to inject themselves. Pamela McHale, a 26‑year‑old friend of Jackson, testified that an argument erupted when Jackson struggled to find a vein for Hamilton, leading to a physical altercation in which Jackson struck Hamilton with an object from the table. Jackson has now lodged an appeal against his conviction, represented by barristers Dominic McGinn SC and James Burke BL, with the Court of Appeal reserving judgment. Peter Jackson pleaded not guilty.
Larry Connors, 23, of Rathcurragh, Newbridge, Co Kildare, pleaded guilty to endangerment and dangerous driving during a "mad cap chase" on 1 May 2014. He was sentenced by the Dublin Circuit Criminal Court to six years' imprisonment, with the final two years suspended, and a 20‑year driving ban. The Court of Appeal dismissed his appeal, ruling the sentence was within the judge's discretion. The case involved Connors travelling westbound on the N81, weaving through traffic and overtaking vehicles, while Gardaí pursued him. He was observed deliberately ramming his car, which was insured and registered to him. At the time of the offence he was disqualified from driving. Connors had 51 prior convictions, 44 of which were for road traffic offences, and was described as a "committed persistent offender." The appeal was dismissed by Mr Justice John Hedigan, who noted that deterrence must play a part in sentencing and that wild driving is unacceptable.
Wayne Dundon, 39, of Limerick, failed to secure a different panel of judges for his appeal against a murder conviction. Dundon and Nathan Killeen, 27, were found guilty of the 2009 murder of Roy Collins, a 35‑year‑old businessman, at Coin Castle Amusements. The Special Criminal Court held that Dundon ordered the killing from prison and Killeen acted as getaway driver for gunman James Dillon. Both men received mandatory life sentences on 15 July 2014. Dundon's lawyers applied to the Court of Appeal for a new court composition, citing alleged overlap of factual matters with a prior threats‑to‑kill case involving the Collins family. Justice George Birmingham dismissed the application, stating no objective basis existed for recusal and that the Court of Appeal must hear the case as assigned. Dundon and Killeen remain scheduled to appeal their convictions on Monday. Wayne Dundon pleaded not guilty. Nathan Killeen pleaded not guilty.
The Supreme Court has halted the deportation of an unnamed man in his 50s, who is alleged to have links to Islamic terrorism, pending the determination of his appeal. The three-judge panel, comprising Mr Justice Donal O'Donnell, Ms Justice Mary Laffoy, and Mr Justice Peter Charleton, granted leave to appeal on grounds of general public importance. The court placed a stay on the deportation, citing the appellant's claim under Article 3 of the European Convention on Human Rights that he faces a risk of torture or inhuman treatment if removed. This stay is conditional on the man undertaking not to challenge his current detention at an Irish prison, a condition his legal team agreed to. The man, who cannot be identified for legal reasons, denies involvement in terrorism, attributing his risk to his political views. However, the State alleges he raised money for jihadists and notes that he was convicted and jailed in France for several years for terrorist offences. The appeal challenges a High Court judgment by Mr Justice Richard Humphreys, who had previously dismissed the man's challenge to the deportation order and refused leave to appeal to the Court of Appeal. The Supreme Court will hear the appeal after the Easter vacation. The Minister for Justice opposed the stay on national security grounds, but the court prioritized the appellant's human rights claims.
Michael Lynch, aged 25, was found guilty of assault causing harm to his pregnant girlfriend Tara Byrd, aged 25, after pouring boiling sugar‑water over her left leg on 27 July 2015. The assault resulted in third‑degree burns, a ten‑day hospital stay and skin graft surgery, leaving severe scarring. Lynch had previously pleaded not guilty and was sentenced to two‑and‑a‑half years by Judge David Riordan on 7 June 2016. He lost an appeal against the conviction, but the Director of Public Prosecutions successfully appealed the sentence, arguing it was unduly lenient. In the Court of Appeal, Justice Alan Mahon increased the sentence to five years, suspending the final twelve months on the condition of a good‑behaviour bond. The court noted the pre‑meditated, callous nature of the assault and the added gravity of sugar in the boiling water. The decision was made by Justices Mahon, Birmingham and Edwards.
Zachary Coughlan Ryan, aged 38, was convicted in 2014 for the kidnapping of Stephen Cusack, 19, and Niall Reddan, 21, who were held at Caisleann na hAbhainn, Castletroy on 19 August 2012. The men were gagged, had their hands bound with cable ties and were taken in a pick‑up truck to a location. Ryan was sentenced to eight years and three months by Mr Justice Carroll Moran. In 2017, the Court of Appeal quashed the conviction after the Court found that a prosecution witness had made an inadmissible comment before the jury, stating that Ryan had previously been in prison twice. The judge ruled that the comment had a prejudicial effect, likely influencing the jury's view of Ryan's character. The case was remitted to the Court of Appeal to decide whether a retrial is necessary. The conviction was therefore overturned, but no new sentence was imposed. Zachary Coughlan Ryan pleaded not guilty.
A 17‑year‑old youth was convicted of robbing Joseph Benson, a Liberian man who had spent 22 days at sea to reach Ireland, on 17 April 2015 in Tallaght. The original sentence of two years and six months, with nine months suspended pending placement at Cuan Mhuire rehabilitation centre, was increased by the Court of Appeal to seven years, with three and a half years suspended. The appeal was brought by the Director of Public Prosecutions after the teenager failed to take up the rehabilitation place. The Court of Appeal, citing the "particularly atrocious" nature of the assault, deemed a longer headline sentence necessary. The new sentence includes 18 months of post‑release supervision and a good‑behaviour bond for the suspended period. The victim, who suffered head and neck pain, had no recollection of the incident. The teenager had 15 prior convictions, including theft and violent behaviour. The unnamed man pleaded guilty.
Sean O'Dea, aged 29, was convicted of assault causing harm to two men in a Dublin hotel room on 21 September 2013 after his "on/off girlfriend" alleged she had been raped. He pleaded guilty at the Dublin Circuit Criminal Court and was sentenced to three‑and‑a‑half years' imprisonment on 21 April 2016. On appeal, the Court of Appeal reduced the sentence by suspending the final 18 months, provided O'Dea pays €10,000 to the Peter McVerry Trust within three months. The appeal argued that the original judge had over‑emphasised aggravating factors and under‑weighted mitigating ones such as O'Dea's guilty plea, lack of prior convictions, solid work record and provocation. The Court of Appeal accepted that O'Dea believed a rape had occurred, but found his physical attack unjustified. The suspended portion is conditional on the charitable payment and a bond to keep the peace and be of good behaviour.
The Court of Appeal has reserved judgement on William Jones' appeal against the High Court's refusal to grant injunctions that would have stopped Coolmore Stud's lawyers from warning book distributors and retailers that his book, "The Dark Horse: Inside Coolmore", contained defamatory material. Jones, who worked at Coolmore from 2006 to 2015 and published the book through his own company, Gold Rush Publications, argues that the High Court's decision infringes his freedom of expression and is biased. Coolmore's lawyers, Arthur Cox, had warned Amazon and other bookshops that the book included allegations of bullying and the deaths of two horses, Mountjeu and Jude, and that distributors had withdrawn the book. Coolmore also cited a 2014 agreement that both parties would not make derogatory remarks about each other and that Jones would not disclose records. The High Court found that Coolmore had made this agreement clear to Jones before publication and that any defamatory content would expose distributors to liability.
Robert Jones, 27, of Glenview Park, Tallaght, pleaded guilty to assault causing harm at Palace Night club, Camden Street, on 20 July 2014. He was sentenced on 24 February 2016 by Judge John Aylmer to a wholly suspended 18‑month term. The Director of Public Prosecutions has applied to the Court of Appeal to review the sentence, arguing it was "unduly lenient". The appeal was heard by a three‑judge panel, including Mr Justice George Birmingham, Mr Justice John Edwards and Mr Justice John Hedigan, who reserved judgment until 6 April. Fiona Murphy BL, representing the DPP, argued that custody and actual time served were necessary, citing the seriousness of the offence and the victim's loss of sight in one eye. Jones' counsel, Dominic McGinn SC, contended the attack was spontaneous, provoked, and that Jones had an impeccable character, and that a custodial sentence would have a devastating effect.
Kilsaran Concrete, a manufacturer in Piercetown, Dunboyne, was fined €125,000 in February 2016 for failing to ensure employee safety after Barry Gargan, 28, was killed in September 2011 while operating a wet‑cast machine. The DPP has appealed, arguing the penalty was "unduly lenient." The appeal is pending, with the Court of Appeal reserving judgment until April 6. In the appeal, barrister Carl Hanahoe described how the company used a wet‑cast line, originally for standardised curbing stones, to produce bespoke concrete slabs for regeneration projects in Limerick and Ballymun. He alleged deliberate overriding of safety features, incremental efficiency gains that increased danger, and that employees were positioned on either side of the conveyor belt inside a safety cage. A worker had reported a "near miss" over about 12 months. Kilsaran's counsel, Hugh Hartnett SC, maintained that the system was wrong from the start and that the company had paid civil sums quickly. Kilsaran Concrete pleaded guilty.
Mark Hurley, aged 22, pleaded guilty to burglary of Pinocchio's toy store on Paul Street, Cork, on 22 December 2014. He broke a window, stole €1,200, a charity collection box and an i‑pod nano, and damaged a card‑reading machine, hindering the shopkeeper's ability to process card transactions during the busy Christmas period. Hurley left a palm print that led to his identification. He had 33 prior convictions, including 23 burglaries and 15 offences committed while on bail, and had recently been released from Portlaoise prison on temporary release. The Circuit Court had sentenced him to six years' imprisonment, with the final two years suspended. On appeal, the Court of Appeal found the starting point too high and re‑sentenced him to five years' imprisonment, again with the final two years suspended. He was required to enter a good‑behaviour bond for the suspended period.
A retired priest, Tadhg O'Dalaigh, aged 73, is awaiting the result of an appeal against his conviction for indecently assaulting a 16‑year‑old boy at Coláiste Chroi Naofa in Carrignavar, County Cork, in 1979. He pleaded not guilty at the Cork Circuit Criminal Court and was found guilty by a jury, receiving a five‑year sentence with the final two years suspended by Judge Donagh McDonagh on 18 December 2014. O'Dalaigh's appeal, filed today, argues that the trial judge erred by refusing to give the jury a corroboration warning, claiming it would be dangerous to convict without corroboration. His barrister, Patrick Gageby SC, described the case as a classic "one person's word against the other" scenario, noting the incident was a one‑off event in a secluded location. Counsel for the Director of Public Prosecutions, Garrett McCormack BL, maintained that the judge's discretion was exercised correctly and that no legal error occurred.
The High Court has refused permission for an unnamed man in his 50s to appeal the Minister for Justice's deportation order to the Court of Appeal. Mr Justice Richard Humphreys ruled on Friday that no point of law of exceptional public importance arose from the earlier dismissal of the man's challenge. The judge discharged the stay on the deportation order forthwith and continued the reporting restriction on the man's country of origin for two months post-removal. The judge also refused to extend the stay to allow an application to the Supreme Court. The man, who denies involvement in terrorism, claimed he faced a risk of torture in his native country. However, the State alleged he was convicted and jailed in France for several years for terrorist offences, including taking human life. Counsel for the Minister stated the man had a central role in a militant group and was accused of raising money for jihadists. The man is currently in detention pending deportation after being found with false travel documents. His legal team indicated they would apply to the Supreme Court, arguing the case raised issues of general public importance, while the Minister opposed the stay extension.
An original Garda investigation file into complaints of rape made by a woman more than 25 years ago has gone missing for the second time, the High Court has heard. The woman is suing the Minister for Justice, Ireland, the Attorney General, the Director of Public Prosecutions and the Garda Commissioner for damages, alleging an alleged failure to properly pursue a prosecution following her complaint. The alleged rapist had previously won an appeal against a 1998 conviction for rape, unlawful carnal knowledge, incest and indecent assault, and was jailed for nine years. He later won a High Court order halting a re-trial on grounds of prosecutorial delay. The woman claims the failure constituted negligence and breach of duty on the part of the Garda and State, and that her constitutional rights to bodily integrity were breached. These claims are denied. The action, which has a long legal history, returned before the court when Ms Justice Mary Faherty directed the State defendants to provide the woman's legal team with all files and documents relating to the investigation and prosecution of the alleged assailant. The judge set a temporal limit on her order, requiring all relevant documents held by the defendants relating to the prosecution and investigation up until April 2004 to be given to the woman's lawyers over the next six weeks. The application for discovery was opposed by the State. The woman's legal team argued that the material sought was 'relevant and necessary' for her to properly advance her claim. Counsel noted that the original Garda investigation file had been put into storage in 2006 but could not be located, marking the second time the file had gone missing since the woman first made a complaint back in 1990. The High Court previously ruled in 2011 that the gardai and prosecuting authorities owe no duty of care under Irish law to individuals in carrying out their functions in the investigation and prosecution of crime. However, that ruling was set aside and referred back to the High Court following an appeal to the Supreme Court, which said the woman should be allowed to bring her case to trial before the High Court.
The Court of Appeal has dismissed the appeal against the conviction of Sabrina Cummins, who was found guilty by a jury at the Central Criminal Court of murdering Thomas Horan (63) at Cambridge Court, Ringsend, on January 6, 2014. Ms Cummins, then 37, had pleaded not guilty to the charge. Her brother, Kenneth Cummins (29), also pleaded not guilty initially but changed his plea to guilty towards the end of the trial. On November 20, 2015, Mr Justice Tony Hunt sentenced Ms Cummins to a mandatory life term. In her appeal, Ms Cummins' counsel argued that the trial judge improperly pressured her to resume cross-examination after she declined to take the witness box on a subsequent date. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, rejected this ground, stating that once an accused chooses to give evidence, they are required to make themselves available for cross-examination to protect the integrity of the trial process. The court also affirmed the decision to conduct a joint trial, noting the prosecution case of joint enterprise. All substantive grounds of appeal were rejected. Regarding the trial judge's description of Ms Cummins as a "brazen, hard-nosed liar," the appellate court held it improper to critique such remarks given the mandatory nature of the life sentence. The court noted a recent probation report was positive in tone.
A 54-year-old man, whose identity is protected to safeguard victims, has lost his appeal against convictions for abusing two of his three step-children. The Court of Appeal, presided over by Mr Justice Alan Mahon with Mr Justice George Birmingham and Mr Justice John Edwards, dismissed the appeal on grounds that the trial judge erred in refusing to sever the indictment, failed to discharge the jury after prejudicial evidence, and returned a perverse verdict. The appellant had been convicted by a Central Criminal Court jury of 35 counts of sexual assault and rape involving a female victim aged seven to 13 and a male victim aged 11 to 17. In a separate trial, he was found guilty of four counts of rape, ten counts of sexual assault, one offence of oral rape, and two charges of using an object to penetrate his step-daughter between 2001 and 2005. Ms Justice Isobel Kennedy sentenced him to 12 years imprisonment for the abuse of the two youngest children on June 20, 2016. Ms Justice Margaret Heneghan imposed a concurrent 12-year sentence for the abuse of the eldest child in July 2016. The Court of Appeal upheld the trial judge's discretion to join the indictments, noting similarities such as the victims being minors and the offering of money. The court also determined that an accidental reference to other accusations did not warrant discharging the jury and that the verdicts were not perverse.
Mr Justice Garrett Sheehan retired from the Court of Appeal after a distinguished career as a solicitor and judge. He was praised by the Court of Appeal President, Mr Justice Sean Ryan, who called him an inspirational figure and noted his dedication to social justice and human rights. Ryan highlighted Sheehan's work for clients such as Dean Lyons, who was wrongfully imprisoned for nine months before being exonerated. The Attorney General, Márie Whelan SC, and the Director of Public Prosecutions, Clare Loftus, commended Sheehan's commitment to upholding constitutional rights for those he represented. Paul McGarry SC noted his interest in mental health and his role in founding the Prisoners Rights Organisation in the 1970s. Stuart Gilhooly praised him as a standard bearer for solicitors, one of the first to be appointed to Ireland's superior courts.
The Court of Appeal has extended the freezing orders that prevent Mary Walsh, a 66‑year‑old woman from County Galway, from reducing the value of her assets until her appeal against a ruling that she must pay a one‑sixth share of a €3.3 million lotto win to her stepson, David Walsh, is decided. The High Court had ordered that Walsh could not reduce her assets below €929,000, a figure that included €65,000 for potential legal costs. The appeal court, satisfied that Walsh had "arguable grounds of appeal," has placed an unconditional stay on the judgment and reduced the frozen asset threshold to €864,000. No further action will be taken on the assets, including a €425,000 mortgage on her home and a €141,000 life‑insurance claim, until the appeal is resolved. David Walsh's lawyers have registered a judgment mortgage and secured orders against Walsh's life‑insurance policies.
Stephen Egan, aged 33, was convicted of manslaughter by reason of diminished responsibility for killing fellow inmate Gary Douche, aged 20, in Mountjoy prison on 1 August 2006. A psychiatrist testified that Egan suffered from a schizoaffective disorder and was in a paranoid state at the time of the killing, which reduced his responsibility. He received a life sentence in 2009, upheld in 2010. In 2023 his lawyers applied to reopen the appeal under Section 2 of the Criminal Procedure Act 1993, citing new facts from the 2014 Commission of Investigation report that Egan was in an acute psychotic state in July 2006 and that he should not have been discharged from the Central Mental Hospital back to prison. The court rejected the application, stating the Commission's findings were not new or newly discovered, as the evidence was available at trial. The appeal was dismissed, and Egan's counsel intends to seek a Supreme Court appeal. Stephen Egan was acquitted.
Christopher McCarthy, 29, of Kilbaha, Moyvane, Co Kerry, was charged with unauthorised turf‑cutting on Moanveanlagh Bog, a protected area outside Listowel. He and another man faced a High Court case that sought to halt their prosecution. The Court of Appeal, led by Mr Justice Garrett Sheehan, dismissed the appeal, ruling that the Minister had acted within his powers to create the offence under the Habitats Directive. The judges noted that the offence was necessary to enforce EU obligations and that criminal sanctions could be imposed by statutory instrument. McCarthy's counsel argued that only primary legislation could create such sanctions, a claim rejected by the court. The case remains at the Kerry Circuit Court, where the men are due to appear for the alleged extraction of peat, which could carry a maximum three‑year jail term or a fine up to €500,000.
Jonathan Slattery (36) and William Slattery (63), directors of Slattery Ventures Limited, pleaded guilty to multiple VAT offences, including delivering incorrect returns, claiming unentitled repayments, and failing to keep records between 2005 and 2008. Their 2015 suspended three‑year sentences were reviewed by the Director of Public Prosecutions and converted to eight‑month custodial terms by the Court of Appeal. The case centred on the Ballycummin fast‑food outlet, where the company's cash registers were manipulated: the NRGT function was deliberately disabled and every second z‑read was skipped, leading to unrecorded cash receipts and under‑payment of VAT. The estimated loss to Revenue was €223,965, in addition to €70,000 already recovered. The Slatterys provided limited cooperation, made no admissions, and had no prior convictions. The Court of Appeal accepted mitigation but imposed the eight‑month jail term, requiring the Slatterys to surrender to Gardaí on 27 March 2024.
John Paul O'Driscoll, 29, of Fairhill, was sentenced to 12 years in prison for a series of offences committed in April 2013, including burglary, unlawful vehicle taking, reckless endangerment and criminal damage. He was driving a stolen van while intoxicated, pursued by Gardaí from one end of Cork to the other, and collided with Garda Michael Twomey, throwing him from his motorbike and causing serious injuries. O'Driscoll's blood alcohol level was 244mg per 100ml. At the time of sentencing he was unemployed and living in a Simon Community hostel. He had 168 prior convictions and was disqualified from driving. On appeal, the Court of Appeal reduced his sentence to seven years and nine months, suspending the final 12 months on condition, and upheld a 35‑year driving disqualification. The appeal was based on the court's determination that the offence was reckless rather than intentional endangerment, and on procedural errors in the original sentencing. John Paul O'Driscoll pleaded guilty.
The Supreme Court will hear an appeal by 28‑year‑old Gary Davis of Wicklow, who is alleged to have been an administrator of the Silk Road website, against an order for his extradition to the United States. Davis faces US charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering. The High Court ordered his extradition in August, and the Court of Appeal dismissed his appeal in September. Davis now seeks to have the Supreme Court consider his extradition, arguing that he suffers from Asperger's Syndrome and that extradition would breach his constitutional rights and the European Convention on Human Rights. The Supreme Court, satisfied that the case raises points of law of general public importance, has agreed to hear the appeal.
Dean Moore, aged 29, was found guilty of assault causing harm and robbery in an unprovoked attack on a man on Pearse Street on 3 June 2013. The original 3½‑year sentence, wholly suspended, was reviewed by the Director of Public Prosecutions as unduly lenient. The Court of Appeal, however, upheld the suspension, reasoning that interrupting Moore's rehabilitation would be counter‑productive. A new 3½‑year suspended sentence was imposed, with conditions that Moore remain in the Resolve Programme and be subject to a 7½‑year risk of imprisonment if he reoffends. The victim suffered a broken nose, fractured jaw, leg injury and bruising, and required a week without solid food and several weeks on crutches. Moore pleaded guilty, cooperated with Gardaí, had no serious prior convictions and was deemed suitable for the rehabilitation programme. The court noted that four years had passed without further offence, supporting the decision to maintain the suspended sentence.
The Court of Appeal has reserved judgment on the appeals of John Bowe and Denis Casey, former executives of Anglo Irish Bank and Irish Life and Permanent, respectively. Both were convicted in 2016 for a €7.2 billion conspiracy to mislead investors by manipulating Anglo's apparent value between March and September 2008. Bowe, aged 52, received a two‑year sentence, while Casey, aged 56, was sentenced to two years and nine months. Their appeals were heard by a three‑judge panel, including Justice Seán Ryan, Justice George Birmingham, and Justice John Edwards, and the court has now reserved judgment. John Bowe pleaded not guilty. Denis Casey pleaded not guilty.
Michael Martin, aged 37, was sentenced to 13 years for falsely imprisoning an 11‑year‑old girl he lifted from a green area near her home in Co. Laois. He was found guilty on 4 March 2015 and originally received a 17‑year term with the last four years suspended. On appeal the Court of Appeal deemed the sentence excessive and re‑sentenced him to 14 years, suspending the final three years for five years. The appeal judge noted the girl was physically lifted into a silver Nissan and that her ten‑year‑old brother's quick action prevented a more serious outcome. Martin had 92 prior convictions, including sexual assault and abduction, and pleaded guilty. He was required to enter a five‑year good‑behaviour bond after release. The court emphasised the gravity of the offence and the need to protect children.
Gary Davis, a 28‑year‑old Wicklow resident, is alleged to have been an administrator of the Silk Road website, which sold illicit drugs and hacking software. U.S. authorities seek his extradition on charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, with a potential life sentence if convicted. The High Court ordered his extradition in August, and the Court of Appeal dismissed his appeal last week, ruling the appeal was not based on a point of law. Davis has been in custody since his arrest in January 2014, having been on bail for three years. He has argued that extradition would expose him to an inhumane environment, citing his Asperger's Syndrome, depression and anxiety, and the lack of suitable care in U.S. prisons. The Court of Appeal confirmed a 15‑day stay on his surrender, but the appeal was ultimately rejected, leaving the extradition order in place.
In a 2017 Court of Appeal decision, the conviction of 21‑year‑old Eric Harcourt was upheld. Harcourt had been found guilty in 2016 of endangerment and unlawful use of a vehicle after he accelerated a car in a cul‑de‑sac in Darndale, brushing a Garda and fleeing. He received a four‑year sentence, with the last 18 months suspended. Harcourt appealed, arguing that the trial judge had erred by refusing to adjourn the case to allow a technical witness and the Garda to cross‑examine. The Court of Appeal, led by Mr Justice Alan Mahon, held that the trial was fair, noting that the Garda's absence did not prejudice the proceedings and that the lack of DNA evidence was known to the defence. The appeal was dismissed, leaving the original conviction and sentence intact. Eric Harcourt pleaded not guilty.
In 2015, Jamie O'Brien (21) and Eddie Murphy (26) assaulted Mark Lahive at a Cork business park, using an iron bar to severely beat him for about four minutes. The attack left Lahive with life‑changing injuries, including a comminuted skull fracture, multiple limb fractures, and brain bruising that caused weakness in both limbs. Both men pleaded guilty to assault causing serious harm, and Murphy also pleaded guilty to robbery. Judge David Riordan originally sentenced Murphy to eight‑and‑a‑half years (18 months suspended) and O'Brien to six years (one year suspended). The Director of Public Prosecutions appealed, arguing the sentences were unduly lenient. The Court of Appeal, led by Justice George Birmingham, increased Murphy's term to eight‑and‑a‑half years and O'Brien's to six‑and‑a‑half years, citing the severity of the assault and the need for a more substantial penalty.
In July 2016, former Anglo Irish Bank head John Bowe (52) and former Irish Life and Permanent chief executive Denis Casey (56) were convicted by a jury at Dublin Circuit Criminal Court of conspiring to mislead the public about Anglo Irish Bank's financial health. They had used interbank loans to inflate the bank's value by €7.2 bn between 1 March and 30 September 2008. Bowe received a two‑year sentence and Casey a two‑year‑nine‑month sentence. Both men lodged appeals, which began before the Court of Appeal on 6 March 2017. John Bowe pleaded not guilty. Denis Casey pleaded not guilty.
Michael Murray, 46, was sentenced to 15 years in prison for raping a woman, assaulting her, abducting her four‑year‑old son, threatening to kill them, and committing theft and false imprisonment in a Dublin apartment on 12–13 February 2010. He lured the victim by claiming an elderly woman inside needed help, bound and drugged her, and then took the child to a city centre square at night. Murray denied all charges, but a jury found him guilty on every count. He appealed the conviction on grounds including alleged inadmissible interviews, failure to disclose evidence, and lack of warning about social media influence. The Court of Appeal, hearing the appeal on 3 March 2017, dismissed all of Murray's arguments, upheld the conviction, and noted that the trial was not unsatisfactory or unsafe. The Director of Public Prosecutions will seek a review of his sentence for being "unduly lenient.".
The Court of Appeal dismissed the appeal of Christopher McNamara, a 24‑year‑old from Limerick, who had been convicted of murdering a 71‑year‑old retired soldier, James Boyce, in March 2011. The two‑week trial in January 2014 heard that McNamara had confessed to the killing to his mother and that the victim and the accused were friendly, with the younger man tending to the older man's property. The jury found McNamara guilty of murder after an hour‑and‑a‑half of deliberations, and he was sentenced to mandatory life imprisonment by Mr Justice Garrett Sheehan on 24 January 2014. The prosecution argued the case was a robbery that went wrong, noting that Boyce was a frugal man who kept his savings at home. The Court of Appeal focused on the trial judge's brief explanation of the distinction between murder and manslaughter, concluding that the judge's charge was adequate and the appeal was dismissed.
Martin Stokes, 25, of Corkhill, Kinnegad, was convicted of defilement of a child under 15 and of raping a 14‑year‑old girl in Westmeath on 3 June 2011. He denied the rape and assault, claiming the contact was consensual. A Central Criminal Court jury found him guilty on all counts and sentenced him to 12 years' imprisonment, with the final two years suspended by Mr Justice Carroll Moran on 7 August 2015. Stokes' appeal against conviction was dismissed in December. On appeal, the Court of Appeal re‑sentenced him to 10 years' imprisonment, suspending the final three years. Mr Justice Garrett Sheehan noted that the original judge had given undue weight to Stokes' lies, leading to an error in the starting point of the sentence. The Court of Appeal considered the four‑year delay, Stokes' age at the time of the offence, and the need for rehabilitation, and imposed a good‑behaviour bond for the suspended period. Martin Stokes pleaded not guilty.
The Court of Appeal has dismissed the application of an unnamed 77-year-old former professional soccer player to extend the time limit for appealing his convictions. The appellant, who cannot be named to protect his victim, was convicted by a Central Criminal Court jury in May 2011 on 60 counts of sexual abuse and 14 charges of rape. The alleged offences occurred between January 2002 and September 2006 in Galway and Roscommon, when his daughter was aged between nine and fourteen. Mr Justice Garrett Sheehan rejected the request for an extension to appeal the convictions, noting the appellant's failure to lodge the appeal within the standard 28-day window. The judge stated that the appellant failed to establish that the interests of justice required an extension, emphasizing the daughter's "right to closure." Although the court considered a psychological report suggesting the appellant suffers from compulsive obsessive personality disorder, Mr Justice Sheehan deemed it of "extremely limited value." However, the court granted a 21-day extension from the date of the ruling for the appellant to lodge an appeal against his sentence. In May 2011, he was sentenced to ten years in prison on each sexual assault count and fifteen years on each rape count, with the final three years of each sentence suspended. The matter regarding the conviction appeal was dismissed, while the sentence appeal timeline was extended.
A man convicted in Sligo District Court of being in charge of an intoxicated vehicle has lost his appeal against the validity of his arrest. The Court of Appeal upheld the conviction on a case stated basis following a February 2011 incident in the Ballydrehid area where Garda Andrea McGovern discovered him asleep in a parked car with the engine running. When questioned, he stated he had been drinking throughout the day and pulled in to rest while returning from a christening. The defence argued the arresting garda had failed to establish intent to drive, a requirement under section 50 of the Road Traffic Act. Mr Justice John Edwards, delivering judgment, held that the driver's statement about pulling in for rest implied resumption of driving once rested. The court found the arrest lawful and valid. Justices George Birmingham and Garrett Sheehan concurred with the decision.
In 2015, seven men pleaded guilty to aggravated burglary at the Corcoran family home in south Tipperary. Five of them—Patrick Gately, Dean Byrne, John Joyce, Patrick Joyce and Thomas Flynn—received sentences ranging from 12 to 20 years, with varying suspended portions. The men appealed in 2017, arguing that the sentences were too severe. Counsel highlighted each defendant's background, remorse, and the nature of the offence, noting the presence of a machete, firearms, and threats against children. The Court of Appeal reserved judgment, with the judges acknowledging the seriousness of the crime and the impact on the Corcoran family. The appeal focused on the proportionality of the sentences and the application of remission, without addressing any subsequent outcomes. The case remains at the appellate stage.
Gary Davis, a 28‑year‑old Wicklow man, is alleged to have been an administrator of the Silk Road website, which sold illegal drugs and hacking software. He faces extradition to the United States on charges of conspiracy to distribute narcotics, conspiracy to commit computer hacking and conspiracy to commit money laundering, with a potential life sentence if convicted. Davis has appealed the extradition order on the basis of his Asperger's Syndrome and depression, arguing that he would be subjected to inhumane treatment and lack of appropriate care in a U.S. prison. The Court of Appeal dismissed the appeal, stating that the grounds were not a point of law and that the High Court's decision was based on a thorough consideration of evidence, including medical reports. The court affirmed that the extradition order stands, and Davis will be extradited after a 15‑day period. The case remains pending in the United States.
Zachary Coughlan Ryan, 38, of Brennan's Row, Catherine Place, was convicted in Limerick Circuit Criminal Court for the kidnapping of Stephen Cusack, 19, and Niall Reddan, 21, on 19 August 2012. The pair were held at Caisleann na hAbhainn, Castletroy, gagged, hand‑bound with cable ties and transported in a pick‑up truck to a location. Ryan was found guilty by a jury and sentenced to eight years and three months' imprisonment on 28 January 2014. He has now lodged an appeal, arguing that a comment he made before the jury about having been jailed twice was "unfortunate" and that the trial judge's directions on visual identification were inadequate. Counsel Michael O'Higgins SC highlighted that the kidnapping was intended as a lever for a robbery, citing the victim's mother's post office employment. Judge Alan Mahon, joined by Judges John Edwards and John Hedigan, has reserved judgment on the appeal. Zachary Coughlan Ryan pleaded not guilty.
Colin Culhane, 35, of Courtbrack Accommodation, Limerick, pleaded guilty to eight burglary counts committed over an eight‑month period in 2014. At the Limerick Circuit Criminal Court on 1 October 2015, Judge Tom O'Donnell imposed concurrent five‑year sentences for counts 1‑6 and wholly suspended consecutive two‑year terms for counts 7‑8. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". In a fresh hearing, a three‑judge court, led by Mr Justice John Edwards, found that the original judge erred by suspending the entire consecutive two‑year terms. The Court of Appeal re‑sentenced Culhane to three years' imprisonment, with the final two years suspended, and required him to serve an additional year in custody consecutive to the five‑year sentences for the first six counts. The decision was based on the policy that offences committed while on bail should attract consecutive sentences involving actual custody.
In 2016, Michael Finlay, 37, of Maplewood Road, Tallaght, and Dean Byrne, 25, of Drumcairn Park, Tallaght, were convicted by the Special Criminal Court of unlawful possession of a loaded 9mm semi‑automatic pistol and magazine, and of 9mm ammunition, after a surveillance operation on a Renault Kango van. The van, previously stolen, was being followed when a Garda approached with a firearm drawn. Finlay was seen holding the pistol and complied with the Garda's request to drop it. Both men wore false beards and sunglasses; Finlay wore an An Post jacket. They pleaded not guilty, no contest, and the court entered not‑guilty pleas on their behalf. They were sentenced to five years' imprisonment. The Court of Appeal upheld the sentence, noting that the men's cooperation, lack of use of the firearm, and good character justified a reduction from the original eight‑year headline. The appeal by the Director of Public Prosecutions was dismissed.
In a High Court written judgement, Mr Justice Richard Humphreys criticised the Child and Family Agency (CFA) for focusing on a father's alleged "inappropriate acts of a sexual nature" – specifically, masturbating in front of his eldest daughter – while allegedly ignoring more serious sexual abuse claims involving another man who had ongoing access to children. The father, who denies wrongdoing, seeks to appeal the CFA's finding that he engaged in child sexual abuse and that he should not have unsupervised contact with children. He also wants his daughter cross‑examined during the appeal. The judge ruled that the father is entitled to such cross‑examination and that if it does not occur within two months the appeal will be allowed. He ordered that the identities of those involved remain confidential and that the CFA's findings cannot be relied upon until the cross‑examination has taken place.
In 2016 a 48‑year‑old Latvian man pleaded guilty to aggravated sexual assault, anal rape, oral rape and false imprisonment of a 40‑year‑old Lithuanian woman in her Tipperary flat. He was sentenced to seven years imprisonment, but the Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal re‑sentenced him to nine years imprisonment. The judge described the assault as vicious, noting the victim was unable to lock her bedroom, was attacked for about 25 minutes, had her clothing torn off and was threatened with violence and sexual assault. The victim had recently lost her boyfriend to suicide and was in financial hardship. The judge acknowledged the offender's limited English and fatherhood but found the offence at the high end of the range, reducing the sentence by one year from the minimum of ten years. The final sentence was nine years imprisonment.
In a Court of Appeal hearing on 23 February 2017, Christopher Coleman, aged 27, received an additional nine‑month custodial sentence for the fatal collision with 62‑year‑old cyclist Eugene Maher in June 2015. Coleman, who had been banned from driving for six years and was driving without insurance at reckless speeds, was described by Maher's family as having acted recklessly and carelessly. Eugene Maher's daughter Lisa urged that the offence be treated as vehicular manslaughter, equating it with a gun or fist killing, and said the family would continue to lobby for a harsher charge. Maher's widow Marie reflected on her husband's long‑standing safe driving habits and the profound loss she feels, while Lisa expressed a desire to forgive Coleman and hope he learns from his mistakes. The court's decision added to the existing sentence, extending Coleman's imprisonment by nine months.