A 25‑year‑old man, who was a school student when he committed the offence, was sentenced to two years' imprisonment for sexually assaulting a woman in a hotel room in Wexford on 11 October 2008. The jury found him guilty on a 10‑2 verdict. On appeal the Court of Appeal held that, given his youth at the time of the offence – he was 17 – and his progress since, the sentence should have been structured differently. The man was re‑sentenced to two years' imprisonment with the final nine months suspended. The court directed that any unserved portion of the sentence be suspended from 30 May to allow him to resit exam papers he had not passed. He must also enter a good‑behaviour bond, participate in a sex offenders programme and work with probation services on alcohol awareness, with 15 months of post‑release supervision. The unnamed 25-year-old pleaded not guilty.
Christopher Coleman, 27, of Dublin, was sentenced to six years' imprisonment for dangerous driving that caused the death of Eugene Maher, 62, on Clontarf Road on 30 June 2015. The Court of Appeal increased the original two‑and‑a‑half‑year sentence to six years, suspending the final two years and nine months. Coleman also received a 15‑year driving disqualification. He had previously been disqualified and had no licence at the time of the offence. The prosecution argued the original sentence was too lenient, citing Coleman's speed, failure to stop at a red light, driving while disqualified, leaving the crash scene and lack of insurance. The court noted his guilty plea and remorse, but upheld the increased term with suspension due to mitigating factors. The case remains a criminal proceeding at the appellate level.
A man convicted of robbing a 90-year-old pensioner in Castlerea, Co Roscommon has had his prison sentence upheld by the Court of Appeal. Mark Sweeney, aged 33, of Cloonkeen, Castlerea, pleaded guilty at Roscommon Circuit Criminal Court to robbery at The Demesne on 24 August 2015. He received eight years imprisonment with the final two-and-a-half years suspended by Judge Keenan Johnson in June 2016. The Court of Appeal dismissed Sweeney's appeal against sentence today, with the three-judge court finding the sentence appropriate and proportionate. Mr Justice John Edwards outlined that the victim, then aged 90, was approached in the town park where Sweeney demanded money, then assaulted him with an umbrella after seizing it, stealing €450. The victim sustained a fractured lumbar vertebra and ongoing pain. The incident prompted an angry public demonstration in Castlerea. Sweeney admitted the offence immediately. The court noted he has mental health difficulties and a prior manslaughter conviction.
A man, whose identity is withheld, is appealing to the Supreme Court after the Court of Appeal dismissed his attempts to avoid prosecution on the grounds that Section 11 of the Criminal Law Amendment Act 1885 is incompatible with the Constitution and the European Convention on Human Rights. He faces seven counts of gross indecency for alleged acts with a teenage boy between 1978 and 1980, including buggery, oral sex and forced masturbation. The High Court refused his reliefs, and the Court of Appeal found he lacked standing to argue the statute's incompatibility, awarding costs to the Director of Public Prosecutions and the Attorney General. The Court of Appeal granted an eight‑week stay on the costs order, pending the Supreme Court's decision on whether the case is appropriate for appeal. The case highlights the continued legal debate over the 1885 Act's relevance to contemporary society.
In 2015, Jason Freyne, 25, was convicted in Limerick Circuit Criminal Court of possessing a firearm and ammunition. He received an eight‑year sentence, with two‑and‑a‑half years suspended, on 6 May 2016. The Court of Appeal, following a prosecutor's appeal that the sentence was too lenient, increased his term to ten years, keeping the same suspended portion. The appeal judge, Mr Justice Alan Mahon, described Freyne's conduct: he had loaded a sawn‑off shotgun, carried it in a backpack, wore a bullet‑proof vest, and rode a bicycle around Hyde Road. He then approached a group, fired the shotgun, injuring Mr Joseph McCarthy. Freyne had earlier convictions for vehicle theft, knife possession, stolen property, criminal damage and traffic offences. The court noted his progress in prison and his claim that the feud behind the offence was over. Jason Freyne pleaded guilty.
Folajimmy Awode, 32, of Ballinteer House, Tyrellstown, Dublin, was convicted of sexually assaulting a female patient at Mater Private Hospital in November 2013. He pleaded not guilty at the Dublin Circuit Criminal Court, but a jury found him guilty. Judge Patricia Ryan sentenced him to two years' imprisonment, suspending the final six months. Awode appealed, arguing that the trial judge had failed to instruct the jury on the nature and purpose of complaint evidence and had not adequately presented the defence's case. His counsel, Kevin White BL, claimed the defence's argument was that the complainant was mistaken or dreaming and that Awode was entitled to be on the ward. The Director of Public Prosecutions' counsel, Elva Duffy BL, countered that the evidence was used to attack the complainant's credibility. The appeal was dismissed by Mr Justice John Edwards, who noted that the lack of jury instruction on complaint evidence did not render the conviction unsafe.
Anthony Handley, 64, of Whitethorn Grove, Artane, pleaded guilty in Dublin Circuit Criminal Court to dangerous driving that caused the death of Olivia Dunne, 31, and serious bodily harm to her 15‑week‑old daughter Éabha in Balbriggan on 17 January 2014. Gardaí said Handley drifted off momentarily before his off‑road SUV veered from the road and struck the mother and child. He had no alcohol or drugs in his system. On 10 May 2016 Judge Patrick McCartan sentenced him to two years' imprisonment, citing his good character but warning that fatigue must be a concern for all drivers, and imposed a ten‑year driving ban. The Court of Appeal found errors in the sentencing, upheld the two‑year term but suspended the balance on conditions, and left the driving ban unchanged.
Mary Walsh, aged 66, intends to appeal a High Court order that requires her to pay one‑sixth of a €3.3 million lotto win to her stepson, David Walsh, aged 52. The court, presided over by Mr Justice Richard Humphreys, had earlier ruled that Walsh must pay the share and legal costs to David, who claimed entitlement based on his signature on the back of the winning ticket. Walsh, who was married to David's late father Peter, denied the claim and argued the ticket was hers, citing a supposed offer of her house in lieu of €200,000. The judge rejected all of Walsh's counter‑claims, imposed an injunction preventing her from reducing her assets below €929,000, and ordered discovery to aid execution of the judgment. Walsh's lawyers argued she would not dissipate assets and that her sworn statement was meant to counter the freezing order.
The Court of Appeal overturned the High Court's decision to quash a deportation order against an Armenian man who feared being attacked for his association with Jehovah's Witnesses. The man arrived in Ireland in 2000 and was refused refugee status. The Minister issued a deportation order, which the man challenged. In December 2014 the High Court quashed the order, citing evidence that he would be at risk of attack if returned to Armenia and that the Minister had failed to properly consider medical evidence indicating a high suicide risk. The Minister appealed. On Friday, a three‑judge panel—Ms Justice Mary Finlay Geoghegan, Mr Justice Michael Peart and Ms Justice Mary Irvine—found in favour of the Minister. Mr Justice Peart noted that the Minister had considered all relevant information, including the man's medical reports, and concluded that the man was not a person at such risk as a Jehovah's Witness.
Willie McAteer, a former finance director of Anglo Irish Bank, has withdrawn his appeal against a conviction and sentence for a €7 billion conspiracy to mislead the public. McAteer, 65, along with John Bowe (52) and Denis Casey (56), were found guilty by a jury at the Dublin Circuit Criminal Court in July 2016 of conspiring to mislead investors by using interbank loans to inflate Anglo's value by €7.2 billion between 1 March and 30 September 2008. McAteer was sentenced to three‑and‑a‑half years' imprisonment, Bowe to two years, and Casey to two years and nine months. While Bowe and Casey remain ready to pursue their appeals, McAteer's counsel informed the Court of Appeal that his client's appeal had been abandoned. The case had been scheduled for a week‑long hearing beginning 6 March, but the withdrawal means the appeal will not proceed. Willie McAteer pleaded not guilty. John Bowe pleaded not guilty. Denis Casey pleaded not guilty.
Kevin Mulcahy, a former GP aged 57 from Cork, was convicted of indecently assaulting a 15‑year‑old patient in 1989. After a retrial at Cork Circuit Criminal Court, he was found guilty following 39 minutes of deliberation and sentenced to two years' imprisonment by Judge Seán Ó Donnabháin on 25 November 2015. His appeal against conviction was dismissed in October, and he was re‑sentenced to 12 months' imprisonment following a sentence appeal. During case‑management procedures in the Court of Appeal, Justice George Birmingham directed that a legal‑aid certificate be issued to cover the hearing of a Supreme Court appeal. Justice John Edwards, who had previously ruled on Mulcahy's unsuccessful appeal, noted that Mulcahy had regularly visited the complainant's home to treat her mother, and that during one visit he allegedly touched the patient's vagina. Mulcahy was arrested and interviewed in 2011 on the complaint of indecent assault. Kevin Mulcahy pleaded not guilty.
Gerard Brown, 34, was convicted by a jury at Portlaoise Circuit Criminal Court of assaulting fellow inmate Stephen Cooper in the Midlands Prison on 20 May 2014. Brown was sentenced to three years imprisonment, consecutive to a term already being served. Brown appealed the sentence, arguing that the offence was committed in prison and that the judge had double‑counted aggravating factors. He also claimed that Cooper had consented to the assault, having requested Brown to attack him to facilitate Cooper's early release on safety grounds, and that Cooper had agreed to provide Brown with documents, information and €1,000. Cooper denied any consent or agreement. The Court of Appeal, with Mr Justice Alan Mahon presiding, dismissed the appeal, holding that the sentence was not unduly harsh and that the fact the offence occurred in prison should not have been treated as an aggravating factor. The appeal was dismissed by the Court of Appeal.
The Court of Appeal upheld a 73‑year‑old man's four‑year jail term for sexually assaulting his granddaughter. The man had pleaded not guilty at Cork Circuit Criminal Court to four counts of assault between July and October 2013. He was originally sentenced to seven years, with the final three years suspended, by Judge Seán O'Donnabháin on 21 April 2016. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, while the man's lawyers cross‑appealed, claiming the man could die before serving the term. The Court of Appeal, hearing arguments about the man's frailty and multiple medical difficulties, found the sentence within the margin of appreciation for sentencing judges and dismissed the appeal, thereby upholding the four‑year custodial term. The man did not attend the hearing.
Gary Davis, 28, of Wicklow, is alleged to have administered the Silk Road website, which dealt in illegal drugs and hacking software. He faces US 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, but he appealed. The Court of Appeal heard the appeal today and has reserved judgment. Davis's lawyers argue that his Asperger's Syndrome and depression would make him vulnerable to inhumane treatment and violence in US prisons, and that he would be isolated from family support. They cite expert testimony from Professor Simon Baron‑Cohen and claim the US prison system lacks the individualized care he needs. The Attorney General's counsel maintains that extradition is lawful and that mental health does not preclude imprisonment. The three‑judge panel will decide the case later.
A man, whose identity cannot be published, was charged with seven counts of gross indecency under Section 11 of the Criminal Law Amendment Act 1885 for alleged sexual activity with a teenage boy between 1978 and 1980 while he was in a position of authority. The alleged acts included buggery, oral sex and the boy being required to masturbate the man. His lawyers sought to halt the trial on the grounds of delay and on the claim that Section 11 was incompatible with the Constitution and the European Convention on Human Rights. The High Court rejected the reliefs, and the Court of Appeal reserved judgment. On appeal, Mr Justice George Birmingham dismissed the appeal, stating that the conduct alleged was illegal both at the time and today, and that the defendant had no standing to challenge the constitutionality of the offence.
In 2014, a 65‑year‑old former primary school teacher was convicted by a Central Criminal Court jury of one count of rape and 115 counts of indecent assault and sexual assault against his sister‑in‑law between 1981 and 1993. He was sentenced to ten years for rape and two concurrent five‑year terms for each assault count. The defendant, who had denied all charges, was acquitted on 29 counts and found not guilty on 27 further counts. In 2017, he appealed the conviction. Judge George Birmingham dismissed the appeal, ruling that the trial judge had not acted unfairly or unsafely, that the jury's verdicts were safe, and that the evidence presented, including that of six witnesses, was admissible and relevant. The Court of Appeal therefore upheld the original conviction and sentence.
In 2015, 19‑year‑old Eric Ryan of Cliona Park, Moyross, County Limerick, was found guilty of dangerous driving causing serious bodily harm to 32‑year‑old Eve Neylon, who required four operations on her pelvis and leg after being struck by Ryan's car while crossing Clanbrassil Street at a green pedestrian light. Ryan also pleaded guilty to failing to offer assistance. Judge Patricia Ryan imposed a wholly suspended three‑year sentence for dangerous driving and ordered community service for the failure to assist. The Director of Public Prosecutions sought a review on the grounds of an unduly lenient sentence. The Court of Appeal, sitting with Justices Mahon, Birmingham and Sheehan, upheld the suspended sentence but added conditions: a €50 weekly payment to the National Rehabilitation Hospital Foundation for 18 months, further community service under a local school principal, supervision by probation services, and good behaviour for 18 months.
Christopher Zinck, aged 33, and Rory Kilkenny, also 33, pleaded guilty in Carlow Circuit Criminal Court to possession of cannabis for sale or supply at a site in Kidalton, Piltown, Co Kilkenny, on 2 May 2013. Kilkenny was sentenced to four years imprisonment, later increased to 12 years with four years suspended on appeal. Zinck received a wholly suspended nine‑year sentence, later increased to a fully suspended ten‑year sentence. The Court of Appeal upheld the suspended nature of Zinck's sentence, citing his rehabilitation and employment. The case involved a large cannabis grow operation with 2,504 plants and 43.54 kg of herb, valued at €2,874,174. Three Asian gardeners were sentenced to seven years with six years suspended. Zinck admitted involvement, receiving a €5,000 fee for delivering supplies to the growers. The court noted his 18‑month drug‑free period and praised his inspirational recovery.
Vincent Cadden, aged 28, was convicted of dangerous driving causing the death of his friend Colm Melia, aged 22, in a car that had been heavily modified for closed‑circuit racing. The fatal incident occurred on 5 October 2014 at Fenner Upper, Oldcastle. Cadden had been over the legal alcohol limit and had consumed cannabis that night. He was sentenced by the Trim Circuit Criminal Court to six years' imprisonment and a ten‑year driving disqualification. On appeal, the Court of Appeal, led by Mr Justice Garrett Sheehan, reduced the custodial term by suspending the final 18 months, while the driving ban remained in force. The decision was based on Cadden's cooperation, lack of prior convictions, and his remorse, though the court upheld the six‑year headline sentence as appropriate. The case highlighted the vehicle's dangerous modifications and the high speed at which it was travelling. Vincent Cadden pleaded guilty.
Thomas "Slab" Murphy, 67, withdrew his appeal against an 18‑month prison sentence for tax evasion. He had pleaded not guilty to nine charges of failing to comply with tax laws from 1996/97 to 2004. The Special Criminal Court found him guilty on all counts and imposed the sentence on 26 February. His appeal against conviction was dismissed, and his barrister informed the Court of Appeal that the appeal against the sentence was being withdrawn. Murphy was not present at the hearing.
Stephen O'Reilly, 31, of Finglas, was convicted in the Dublin Circuit Criminal Court for intentionally or recklessly causing serious harm to Stephen O'Brien, who was stabbed at O'Brien's Artane home on 18 August 2011. A jury found O'Reilly guilty and he received a 12‑year sentence, with the final three years suspended by Judge Pat McCartan on 16 July 2013. The Court of Appeal has reserved judgment on O'Reilly's appeal. His barrister, Giollaíosa Ó Lideadha SC, argued that the prosecution failed to prove that the actual injury caused a substantial risk of death, and that the jury was not properly charged on the issue of serious harm or on the need for corroboration of an accomplice's testimony. The appeal also considers whether a miscarriage of justice occurred under section 3 of the Criminal Procedure Act 1993. The Court of Appeal will decide whether to uphold the conviction. Stephen O'Reilly pleaded not guilty.
Michael Dunn, an English priest aged 67, was sentenced to nine months' imprisonment in the Dublin Circuit Criminal Court for three counts of sexual assault committed against a 12‑year‑old boy during a holiday in Ireland more than 40 years ago. The victim, who was bullied at school, described Dunn as a trusted confidant who groomed him, forced him to masturbate and share a bed nightly, and coerced him into kissing. Dunn pleaded guilty in August 1975 when he was 26 and had previously served 18 months in England for a similar offence. He intends to appeal the sentence. The court noted the profound negative impact on the victim's life, and Judge Melanie Greally denied bail for Dunn pending appeal. The victim's statement highlighted the lasting emotional trauma and the effect on his family. The priest's defence counsel expressed remorse and requested consideration of his client's lack of further crimes. Michael Dunn was convicted.
The Court of Appeal overturned a 2015 High Court ruling that Sergey Chesnokov, a 76‑year‑old Russian man, had been born in Dublin in September 1940 and was entitled to Irish citizenship. The High Court had accepted documentary evidence and directed that his birth be registered in Ireland, but the appeal court found that the evidence did not support his claim of an Irish birth. Justice Mary Irvine said the evidence was "not adequate to establish as a matter of probability" that he was born in Dublin on the alleged date and location. The appeal was upheld unanimously, the High Court order to register his birth was vacated, and the case was adjourned for a week to allow both parties to consider the decision. Mr Chesnokov was not present at the hearing. The decision does not affect any subsequent applications for citizenship or other matters.
Michael Waters, a 45‑year‑old qualified barrister from Belfast, was convicted of assaulting Marian Wallace, the director of the Busy Bees Creche in Stillorgan, in January 2012. He pleaded not guilty at the Dublin Circuit Criminal Court, but a 10‑to‑2 jury found him guilty and Judge Patricia Ryan imposed a three‑year suspended sentence on 2 July 2013. Waters has appealed the conviction. The Court of Appeal granted him leave to add a third ground to his appeal, alleging that the prosecution failed to disclose the complainant's statement to the defence. The court had previously rejected two other grounds that involved undisclosed material. Mr Justice John Edwards ruled that only the ground concerning the alleged failure to disclose the statement would be considered, and he will manage the case until a hearing date is set. Waters is representing himself in the appeal.
In 2014, Gerard Brown, aged 34, assaulted fellow inmate Stephen Cooper in the Midlands Prison. Cooper, an ex‑garda serving a fraud and perverting the course of justice sentence, was being escorted to the gym when Brown struck him on the head with a mug hidden in a sock. Brown admitted the assault but claimed Cooper had asked him to do it to help orchestrate Cooper's early release on safety grounds, and that Cooper had agreed to provide documents, information and €1,000 in return. Cooper denied any consent or agreement. Brown was convicted by a jury at Portlaoise Circuit Criminal Court and sentenced to three years' imprisonment, consecutive to his existing term. He has appealed the sentence, arguing the judge erred in treating the offence as aggravated because it occurred in prison, and that the consecutive sentencing provisions were a "double loading." The Court of Appeal has reserved judgment on the appeal.
An ex‑soldier, aged 42, was convicted by a military court of sexual assault and four charges of conduct contrary to good order and discipline at Aiken Barracks, Dundalk, on 30 October 2013. He was sentenced to twelve weeks' detention, with the final eight weeks suspended, and was also reprimanded, fined, demoted from Corporal to Private and discharged. The Court of Appeal held that the military judge had no authority to impose discharge or rank reduction because the soldier had already been granted a discharge before sentencing. The judge found no error in the detention order but ruled that the rank reduction was an error in principle, as it would affect his pension. The soldier was re‑sentenced to one month imprisonment suspended for six months on conditions, six months imprisonment suspended for twelve months on conditions, and fined €500. The appeal rejected the claim that the punishment was excessive.
Christopher Coleman, 27, pleaded guilty to dangerous driving causing the death of Eugene Maher, 62, on 30 June 2015. He was sentenced to two‑and‑a‑half years' imprisonment and a 15‑year driving disqualification. Coleman had no licence, had previously been disqualified, and had 15 prior convictions including three driving bans. He drove a friend's car, which had been speeding and on the wrong side of the road, and left the scene after the crash. The DPP, citing the severity of the offence and Coleman's lack of licence, seeks a review of the sentence as "unduly lenient". The Court of Appeal has reserved judgment, with a decision expected on 23 February. The case remains at the appeal stage, with no further outcome reported.
In 2014, Lithuanian national Aurimas Andruska, aged 30, was convicted by a Central Criminal Court jury in Kerry of murdering Jolanta Lubiene, 27, and her eight‑year‑old daughter Enrika in their Langford Downs home between 15 and 17 June 2013. He received two life sentences from Mr Justice Patrick McCarthy. In January 2017, Andruska appealed to the Court of Appeal, arguing that police had not adequately informed him that providing saliva and fingerprint samples was voluntary and that the samples could be used as evidence. The appeal was dismissed on all grounds. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, upheld the conviction, noting that the trial judge had found Andruska fully aware of his choices and that the police had acted within their remit. The inquest into the deaths could not proceed while the appeal was pending. Aurimas Andruska pleaded not guilty.
The Court of Appeal has rejected claims that prosecutors improperly handled plea negotiations during the murder trial of Darren Wynne. Wynne, aged 23 from Ballyroe, Athy, County Kildare, was convicted of murdering Jamie Lindsay at Coney Green, Athy on 6 April 2013 and received a mandatory life sentence in July 2014. Two co-accused, Quentin Monaghan and James Seery, both aged 23, pleaded guilty to manslaughter during proceedings and received eight and seven years' imprisonment respectively, with portions suspended. Wynne's appeal argued that the timing of his co-accuseds' pleas—entered after gardaí interview memos were admitted—prejudiced his defence and warranted a retrial. Mr Justice George Birmingham, sitting with two colleagues, dismissed the appeal, characterising the allegations of prosecution misconduct as an "unsupported assertion". The court found no evidence of improper conduct and upheld the conviction.
The Court of Appeal dismissed Thomas "Slab" Murphy's appeal against his conviction for tax evasion. Murphy, 67, had been found guilty by the Special Criminal Court on nine counts of failing to comply with tax laws for the period 1996/97 to 2004, and was sentenced to 18 months' imprisonment. His defence argued that he had no involvement in cattle farming and that documents in his name were forged by his brother, Patrick. The Court of Appeal, after reviewing the 94‑page judgment, concluded that the Special Criminal Court had correctly established Murphy as a chargeable person and that the evidence of a herd number, bank account, and cattle sales supported the prosecution's case. The appeal was dismissed on all grounds, and the matter was scheduled for further consideration regarding a possible appeal against the sentence. The unnamed 67-year-old pleaded not guilty.
A 54-year-old man, whose identity is protected to safeguard his victims, is appealing his conviction and 12-year sentence for sexually abusing his step-children. The Court of Appeal heard arguments regarding his conviction for abusing two of his three step-children, for which he was sentenced to 12 years' imprisonment by Ms Justice Isobel Kennedy on June 20, 2016. In a separate trial, he was convicted 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 Margaret Heneghan imposed a concurrent 12-year sentence for abusing the eldest child in July 2016. The appellant, represented by Paddy McGrath SC, argued that the trial judge erred by refusing to sever the indictment for separate trials, failed to discharge the jury after accidental evidence of other allegations was introduced, and that the verdict was perverse. Counsel for the Director of Public Prosecutions, Timothy O'Leary SC, countered that sufficient similarities, including the step-parent relationship and the offering of money, justified joint trials. The three-judge panel, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, reserved judgment. Consequently, the matter was adjourned, and the outcome of the appeal remains pending.
Bill O'Driscoll and Damien Fitzgerald, both of Cork, have appealed their convictions for assault causing serious harm and robbery against Karol O'Keefe, allegedly committed on November 25, 2013, at the Quarry Steps, Windsor Cottages, St Luke's. The men, who pleaded not guilty, were found guilty by a jury and sentenced to eight years' imprisonment by Judge David Riordan on June 15, 2015. In their appeal before a three-judge court, their lawyers argued that the trial judge erred by failing to direct an acquittal due to insufficient evidence. Counsel Elizabeth O'Connell SC submitted that while blood evidence linked the men to the scene, there was no proof they struck the victim, noting another man had pleaded guilty to the counts. Vincent Heneghan SC added that there was no evidence O'Driscoll made contact with the victim or the stolen phone. Prosecuting counsel Dermot Sheehan BL countered that the blood evidence and CCTV footage of Fitzgerald possessing the phone were sufficient to go to the jury. The court, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, reserved its judgment, indicating it hopes to deliver its decision as soon as possible. The matter remains pending and has not been finalised.
Two Cork men, Jamie O'Brien, aged 20, and Eddie Murphy, aged 26, pleaded guilty to assault causing serious harm and robbery on Mark Lahive in April 2015. Judge David Riordan sentenced Murphy to eight‑and‑a‑half years, with 18 months suspended, and O'Brien to six years, with one year suspended, on 20 November 2015. The Director of Public Prosecutions has appealed, arguing the sentences were unduly lenient. The Court of Appeal, a three‑judge panel, has reserved judgment. During the hearing, counsel highlighted the severity of the assault, the victims' lifelong injuries, and the defendants' admissions and remorse. The court will decide whether to increase the sentences after the appeal is considered.
In a court‑martial at McKee Barracks, Air Corps Commandant Nile Donohoe (52) was found not guilty of a third charge of acting to prejudice good order and discipline during an altercation at Casement Aerodrome on 10 August 2007. He had originally faced five charges, but one was dismissed after legal argument and he was acquitted of making a false allegation against a fellow officer. Donohoe's lawyers now seek to introduce new evidence in an appeal, arguing that the board of Defence Force members who heard his case was improperly constituted because members were not aware of their chain of command. The appeal court has reserved judgment, while counsel for the Director of Military Prosecutions dismissed the new evidence as absurd. The case remains pending.
Blake Tobin, 32, of Whitechapel Lawns, Blanchardstown, Dublin, was found guilty in February 2016 of multiple dangerous driving offences, including drink driving, driving without insurance, and driving while disqualified. The jury imposed four consecutive six‑month sentences and a life‑long driving ban, with Judge Pat McCartan stating Tobin "should never ever be allowed behind the wheel of a motor car". On appeal, the Court of Appeal upheld all other aspects of the judgment but reduced the driving ban to forty years, citing the absence of serious injury or death. The appeal court noted Tobin's history of 54 convictions, including road traffic offences, knife possession, drug possession, and assault, and described the case as "appalling" due to his high‑speed, reckless driving and attempts to evade detection. The Court of Appeal also found the original life‑long ban excessive in the circumstances. Blake Tobin pleaded not guilty.
In a case heard at the Clonmel Circuit Criminal Court, Romanian national Duku Popovici, aged 43, was found guilty of aggravated burglary at the home of James and Sarah Quigley in Carrick-on-Suir, Co. Tipperary, on 26 September 2013. The jury convicted him of aggravated burglary, and Judge Tom Teehan sentenced him to 12 years' imprisonment, suspending the final two years. The Court of Appeal, hearing the appeal on 23 January 2017, reduced the headline sentence to nine years' imprisonment, again suspending the final two years. The appeal was based on the judge's error in setting the headline sentence and in imposing a sentence twice that of the co‑accused. The Court of Appeal upheld the conviction and the revised sentence, dismissing the appeal for conviction. The case involved a violent confrontation in the Quigley home, with Popovici allegedly threatening the occupants with a spanner and a second intruder striking the victim. Duku Popovici pleaded not guilty.
A former solicitor from Castlebar, County Mayo, has had her prison sentence reduced from twelve to six months following a successful appeal. Jacqueline Durcan, aged 47, had pleaded guilty to stealing €260,000 from clients between February 2008 and January 2011 while operating Durcan Solicitors as a sole practitioner. She was sentenced to twelve months imprisonment in December 2016. The Court of Appeal found the original sentence could have been appropriately reduced for a person of previously good character. The court noted substantial mitigating factors including Durcan's full cooperation, early guilty plea, complete reimbursement through the Solicitors Compensation Fund, and her status as mother of five young children aged between seven and thirteen. The judges acknowledged the particular hardship of her serving her sentence away from her family, who had relocated to Brussels. Durcan has been struck off the solicitors' register.
In the Central Criminal Court, a 33‑year‑old man was sentenced to five years' imprisonment and ordered to pay €40,000 in compensation after pleading guilty to raping his former partner. The judge, Mr Justice Patrick McCarthy, noted that the victim's impact statement described ongoing nightmares and a sense of loss, and that the offender had no prior convictions. He reduced an initial nine‑year sentence to six years on the basis of the offender's guilty plea and expressions of remorse, and further reduced it by one year because the offender's compensation payment was limited. The court ordered the offender to pay €20,000 within a week and the remainder within a month, citing his limited financial resources. The sentence was imposed with no mention of any future appeal or additional proceedings.
In 2016, a 66‑year‑old man from the UK was convicted by a Central Criminal Court jury of nine counts of raping his son from the age of six and one count of child cruelty, with an additional acquittal for a separate alleged rape with a poker. His 38‑year‑old partner was convicted of child cruelty but found not guilty of sexual assault allegations involving the child between ages six and seven. The parents had pleaded not guilty to 82 charges, of which 60 were withdrawn. The judge sentenced the man to 15 years' imprisonment, suspending the final year. In January 2017, the Court of Appeal granted the man an extension of time to appeal his conviction and sentence, with no objection from the State. The appeal was filed two‑and‑a‑half weeks late, and the man was not present for the procedural hearing.
Samuel Power, 31, of Clondalkin, appealed a three‑year jail sentence imposed on 3 May 2016 for possession of a stolen continental caravan in which he lived with his wife and two children. Power had pleaded not guilty at the Dublin Circuit Criminal Court on 18 July 2012. In the appeal he argued that the warrant for the caravan's seizure was invalid because the offence did not carry a penalty of five years or more in the Netherlands, the jurisdiction where the caravan was stolen, and that the warrant did not consider the caravan as a place where people resided. His barrister, Kieran Kelly BL, contended that the judge had failed to recognise the caravan as a place and had not considered whether the principal offender would face a five‑year penalty. The Court of Appeal, presided over by Justices Birmingham, Sheehan and Mahon, reserved judgment on the appeal. Samuel Power was found guilty.
Michael Martin, aged 37, was convicted of false imprisonment of an 11‑year‑old girl who was lifted from a green area near her hall door in Oldtown, Cullohill, Co. Laois on 4 March 2015. He pleaded guilty and was sentenced by Judge Keenan Johnson at Portlaoise Circuit Criminal Court to 17 years' imprisonment, with the final four years suspended, on 5 November 2015. Martin has now filed an appeal arguing that the sentence was overly punitive, disproportionate to the circumstances, and that the judge placed too much emphasis on aggravating factors and insufficiently on mitigating factors. His barrister, Kevin White BL, also contended that the judge erred in holding Martin failed to fully cooperate with the Gardai and that the judge's emphasis on protecting society was inappropriate. The appeal is pending before the Court of Appeal. The case remains at the sentencing stage, with no further verdict or outcome reported.
John O'Connor (53) and Christopher McCarthy (29) of Kilbaha, Moyvane, Co Kerry, are charged with unauthorised turf‑cutting on Moanveanlagh Bog, a designated Special Area of Conservation outside Listowel. They face a maximum sentence of three years' imprisonment or a fine up to €500,000. The offence was created by ministerial regulations transposing the European Communities (Birds and Natural Habitats) Regulations 2011 into Irish law. O'Connor's appeal, represented by Michael Lynn SC, argues that the Minister acted outside his powers and that criminal sanctions should arise only from primary legislation, not ministerial orders. Counsel for the State, Conor Power SC, countered that the Habitats Directive imposes a positive obligation on the State to take measures to conserve such sites. The Court of Appeal, presided over by Justice Garrett Sheehan, will decide the appeal after dismissing the men's earlier High Court case in 2015.
Naila Zaffer, a 38‑year‑old former senior claims official at IPB Insurance, was sentenced to eight months' imprisonment after a Court of Appeal found her earlier two‑and‑a‑half‑year suspended sentence too lenient. Between April 2007 and August 2012, Zaffer defrauded her employer of €220,000 by forging insurance claims, adding an extra claim to policies paid out by IPB. She had pleaded guilty to ten counts of using a false instrument, theft and attempted theft. The original Circuit Court judge noted the money was not recovered and questioned the need for imprisonment. The appellate court, led by Mr Justice Alan Mahon, upheld the headline sentence but suspended all but eight months, citing her cooperation, guilty plea, remorse, lack of prior convictions, psychological vulnerability and efforts to address addiction. She was required to enter a good‑behaviour bond for the suspended period.
Patrick Davis Snr, 52, was convicted of assault causing harm to Brian Dunphy and Garda Kieran Byrne during an incident on Thomas Street, Dublin, in February 2014. He pleaded guilty at the Dublin Circuit Criminal Court and was sentenced to three years' imprisonment by Judge Martin Nolan on 18 July 2016. Davis Snr's appeal against the severity of the sentence was dismissed by the Court of Appeal, which held that the sentence fell within the range available. The Court of Appeal noted that Davis Snr was not involved in the initial altercation but joined the confrontation after the Dunphy family had left a chip shop, and that he was highly intoxicated when he assaulted the garda, who suffered a fractured eye socket. Davis Snr had 14 prior convictions, including one for assaulting a garda, and had paid €600 in compensation to the court. The appeal was dismissed by a three‑judge panel.
In a Central Criminal Court hearing on 16 January 2017, Colm Deely, aged 44, admitted to manslaughter in the death of Deirdre McCarthy, 43, whose body was found on Fanore Beach on 31 March 2011. Deely had originally pleaded not guilty to murder and was convicted in June 2013, receiving a life sentence. The conviction was quashed in December 2016 after the Court of Appeal discovered that the state pathologist Dr Khalid Jabbar's evidence had not been peer‑reviewed, a procedural flaw highlighted by Deely's defence lawyer Gearoid Geraghty. The court ordered a retrial, and Deely pleaded not guilty to murder but guilty to manslaughter. The plea was accepted by the State, sentencing was adjourned until 13 March, and Deely was remanded in custody until that date. The case underscores the impact of unreviewed forensic evidence on criminal proceedings.
The Court of Appeal found an error in a wholly suspended three‑year sentence imposed on 19‑year‑old Eric Ryan for dangerous driving that caused serious bodily harm to 32‑year‑old Eve Neylon. Ryan had pleaded guilty to dangerous driving and leaving the scene. The sentence, given by Judge Patricia Ryan, was wholly suspended and required community service for leaving the scene. The Director of Public Prosecutions sought a review, arguing the sentence was unduly lenient, citing Ryan's provisional licence, lack of a supervising driver, and his father's influence. The Court of Appeal, led by Mr Justice George Birmingham, held that the case was of such seriousness that the sentence had to be varied. The court ordered Ryan to pay a weekly contribution to the National Rehabilitation Centre for 12 months and to provide firm proposals for community service, with the matter to be reconvened on 6 February.
Martin Stokes, a 25-year-old man from Kinnegad, Westmeath, appeared before the Court of Appeal to challenge the severity of his sentence. He had previously pleaded not guilty to the defilement of a child under 15 in Westmeath on June 3, 2011, as well as rape and sexual assault. A Central Criminal Court jury found him guilty on all counts, and he was sentenced to 12 years' imprisonment, with the final two years suspended, by Mr Justice Carroll Moran in August 2015. Stokes's earlier appeal against conviction was dismissed in December. In today's hearing, his barrister, Padraig Dwyer SC, argued that the sentence was excessive, noting the absence of additional violence or threats. Dwyer contended that the trial judge placed undue emphasis on Stokes's denials and the resulting trauma to the victim, while also highlighting the personal impact on Stokes, including the end of his marriage and separation from his child. Conversely, counsel for the Director of Public Prosecutions, Pauline Walley SC, maintained the sentence was proportionate, citing the victim's severe depression, anxiety, and the disruption to her education caused by multiple trial dates. The court, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice Alan Mahon, reserved its judgment, indicating it hopes to deliver its decision as soon as possible. The matter remains adjourned pending this final ruling.
Marta Herda, 29, was convicted of murder after driving a Volkswagen Passat into a deep harbour in Arklow on 26 March 2013, causing the drowning of 31‑year‑old Csaba Orsos. The Central Criminal Court found that Herda had driven the car through the crash barriers at South Quay, applied the handbrake before entering the water, and that the only open window was the driver's. Orsos's body was recovered from a nearby beach; a post‑mortem confirmed death by drowning, not by crash injuries. Herda pleaded not guilty, was found guilty by a jury, and received a mandatory life sentence on 28 July 2016. She has lodged an appeal and is seeking bail pending the appeal hearing, arguing a "discrete, clear ground" that could give her a strong chance of success. The bail application is scheduled for 5 April. The case remains at the appeal stage, with no further verdicts announced.
Piotr Pawel Skiba, wanted in Poland to serve two prison sentences, was arrested in Ireland under a European Arrest Warrant. The High Court ordered his surrender on December 1, with the plan that he would be flown from Dublin to Poland on a commercial flight accompanied by Polish police. At the departure gate, Skiba refused to board and the flight captain decided not to take him on. The surrender attempt was abandoned and Skiba was returned to Cloverhill Prison. The High Court set a new surrender date of January 5, citing circumstances beyond the State's control. The Court of Appeal upheld the order, lifting the stay. Skiba's solicitor later informed authorities of a claimed fear of flying, but no medical evidence was provided, and the court found the claim insufficient to justify the delay. The appeal was dismissed, and the surrender order remained in force.
A former solicitor from Castlebar, County Mayo, has appealed a 12-month jail sentence imposed for stealing €260,000 from clients. Jacqueline Durcan pleaded guilty to the theft, which occurred between February 2008 and January 2011 while she was operating Durcan Solicitors. The funds were withdrawn from mixed client deposit accounts during a period when she and her husband faced significant financial difficulties owing €6.5 million to banks. Durcan has since repaid all stolen monies. At the Court of Appeal hearing on 12 January 2017, her barrister argued that full restitution, her cooperation with authorities, and her personal circumstances as a young mother warranted reconsideration of the sentence. The prosecution submitted the 12-month term fell within the lower range of available custodial sentences. The three-judge court reserved judgement, with decision scheduled for 23 January.