Thomas "Slab" Murphy, 67, was found guilty by a Special Criminal Court of nine tax‑law violations covering 1996‑2004 and sentenced to 18 months' imprisonment. He pleaded not guilty at the non‑jury court. His barrister, John Kearney QC, appealed the conviction, arguing that all the tax evaded was actually paid by Murphy's brother, Patrick. Kearney said the court had relied on a 10‑page verdict that he claimed was inadequately brief and that it misrepresented evidence, including a claim that Murphy had signed a form that the expert had not seen. He also noted that exculpatory documents were omitted from the verdict. The appeal lists 48 grounds in seven core areas, including questions of independence, admissibility of statements, statutory and documentary presumptions, and alleged defects in direction and verdict. The hearing is scheduled to last three days before the Court of Appeal judges.
An appeal has been heard in the Court of Appeal regarding the sentence imposed on Pearse McAuley for seriously assaulting and falsely imprisoning his estranged wife, Pauline Tully, and other related offences committed at their former home in Kilnaleck, Co Cavan on Christmas Eve 2014. McAuley, who pleaded guilty to the charges, was initially sentenced to 12 years imprisonment with the final four years suspended by Judge John Aylmer on December 2, 2015. The Court of Appeal found that the effective sentence of eight years was 'unduly lenient' and re-sentenced McAuley to 12 years imprisonment with the final two years suspended. Appeal Mr Justice Seán Ryan noted that the headline sentence of 12 years was 'modest' given the 'horrifying circumstances' of the case, but the Director of Public Prosecutions did not contest the headline sentence. Rather, the DPP's barrister, Monica Lawlor BL, argued that the effective sentence was too lenient. The matter was adjourned for further consideration.
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. The military judge, Colonel Michael Campion, imposed fines, a demotion and a discharge. The soldier's counsel, Roderick O'Hanlon SC, appealed the sentence, arguing the punishment was excessive and that the judge had not considered the effect on the soldier's pension. O'Hanlon contended that the sexual assault charge concerned only the incident in the shower, while other charges related to separate incidents in the sauna and gym. The Court of Appeal heard the appeal and reserved judgment, noting that the soldier had been found guilty and that the appeal concerned only the severity of the sentence. The appeal was not yet decided.
Edward Wall (44) and Patrick Wall (36) were sentenced by the Dublin Circuit Criminal Court to four years imprisonment, with the final year suspended, for burglary at a house in Drogheda and an attempted burglary in Gainstown on 31 October 2014. Patrick had four prior burglary convictions, including one aggravated burglary, with two suspended sentences, one six‑month term and a community service order. Edward had eight prior burglary convictions, receiving various sentences from suspensions to a three‑year term. The Director of Public Prosecutions applied for a review on the grounds of "unduly lenient" sentences, but the Court of Appeal found no clear divergence from the norm. The judge noted the Walls' prior convictions, the planning and sophistication of the burglary, and the fact that they were on bail for other matters at the time of sentencing. The review was rejected. Edward Wall pleaded guilty. Patrick Wall pleaded guilty.
Ukrainian taxi driver Ivan Seredych, aged 43, was convicted of sexually assaulting a 24‑year‑old woman in Dublin on 10 June 2012. He pleaded not guilty at the Dublin Circuit Criminal Court but was found guilty by a jury and sentenced to three years' imprisonment by Judge Catherine Murphy on 21 December 2015. The victim, who had been drinking and felt vulnerable after being separated from friends, was taken into a taxi where Seredych placed his hand on her thigh, touched her vagina, and exposed his penis. She recorded his name and number, directed him to drive to Raheny, and he did not request payment. Seredych's home was searched and his driver details matched those given by the complainant. His appeal against conviction was dismissed by the Court of Appeal, with Mr Justice George Birmingham ruling that the trial judge acted within her discretion in refusing to give a corroboration warning.
Julian Myerscough, 54, a former law lecturer from Lowestoft, was convicted in Ipswich Crown Court on 30 September 2015 of 13 counts of possessing indecent images of a child and of breaching a Sexual Offences Prevention Order. He fled to Ireland after the verdict, boarding a ferry from Holyhead to Dublin. Gardaí arrested him on 2 October in Dublin under a European Arrest Warrant. A High Court judge ordered his surrender to UK authorities on 29 February, but on 11 March the judge refused leave to appeal. On 21 March Myerscough's lawyers applied under Article 40 of the Constitution to challenge his detention at Arbour Hill Prison. The Governor's counsel expected a decision by 22 March, but the Justice Minister secured a stay of the surrender order on 23 March.
Kenneth Cooke, aged 53, was sentenced by Judge Patricia Ryan to a total of 18 years in prison for sexually abusing two boys. The first abuse began in 1980 when the victim was nine, involving molestation and anally raping the boy, which caused a severe stammer that took 20 years to overcome. Cooke received a nine‑year term with four years suspended for this period. The second abuse occurred between 2000 and 2003, when the victim was aged 11 to 13; Cooke was given an eleven‑year term with two years suspended. Both sentences run consecutively to his existing nine‑year sentence for a 2014 conviction of sexual abuse of a female victim. The judge noted the extreme seriousness of the offences and the lasting impact on the victims, who suffered nightmares, physical and emotional trauma, and a lifelong sense of shame and loss. The court upheld the severity of the sentence on appeal. Kenneth Cooke pleaded guilty.
Maurice Power, 33, of Kilmoyler, Cahir, was found guilty of dangerous driving causing serious bodily harm to Mrs Fiona O'Connell on 12 November 2012. He was driving three times over the legal limit, without insurance, and while disqualified. The incident occurred at about 5 a.m. on the Fethard Road, Co. Tipperary, when Power's vehicle lost control, crossed a boundary wall and carried Mrs O'Connell into an institution's grounds. She suffered severe injuries, including a leg that required amputation after 14 operations, and spent four months in hospital. Power was sentenced by Judge Thomas Teehan on 31 July 2013 to seven years' imprisonment, with the final 12 months suspended, and a 25‑year driving disqualification. He appealed the sentence, arguing the judge had over‑penalised him and ignored mitigating factors. Judge Garrett Sheehan, with Justices George Birmingham and Alan Mahon, dismissed the appeal, stating the sentence was appropriate given the aggravating circumstances and the victim's injuries.
An appeal has been heard in the High Court regarding the conviction of Glen Paisley for assault causing harm to Mr Nicolas Omnes on Camden Street in Dublin 2 on the evening of May 4, 2014. Paisley, who was found guilty at Dublin Circuit Criminal Court, has appealed the sentence of two and a half years in custody. The case was adjourned for further consideration. Paisley admitted to the charge and pleaded guilty. He has a history of fifty previous convictions, including 43 road traffic offences. The victim, Mr Omnes, was punched and fell, hitting his head on the ground, resulting in a head injury requiring hospital treatment. Paisley was with two friends during the incident and was more aggressive than others involved. CCTV footage later confirmed his involvement. The victim's statement highlighted the lasting impact of the assault on his life, including social and emotional effects. Defence counsel expressed remorse on behalf of Paisley and offered an apology. The matter was adjourned and is not yet finalised.
In 2016 the Court of Appeal overturned Andrew Gibney's murder conviction for the 2012 stabbing of Gerard Burnett. Gibney, 24, had pleaded not guilty at the Central Criminal Court and was found guilty by a jury 10‑2, receiving a mandatory life sentence. His counsel argued a miscarriage of justice, citing a UK Supreme Court ruling on joint enterprise that clarified that a person who participates in an attack but does not intend serious harm may be guilty of manslaughter rather than murder. The appeal focused on whether the trial judge failed to direct the jury on a partial defence, allowing the jury to consider that Gibney had left the scene before the fatal wounds were inflicted. The Court of Appeal agreed, ruled the judge in error, and ordered a retrial, remanding Gibney in custody for two weeks.
Ron Tulie, an ex-fireman aged 58, had his five‑year jail term cut to two on appeal after pleading guilty to four counts of sexual intercourse with a 16‑year‑old girl. The girl met Tulie during a transition‑year fire safety course she attended at her school. After the course ended, Tulie maintained contact with her and her friends via email and Bebo, and later took the girl on drives and up the Dublin mountains where the first offence occurred. The girl suffered health problems after the interactions. Tulie was arrested in 2012, pleaded guilty, and was originally sentenced to seven years with the final two suspended. The Court of Appeal found the maximum sentence applied was incorrect and re‑sentenced him to four years with the final two years suspended, requiring a good‑behaviour bond for the suspended period.
Naila Zaffer, 38, a former senior insurance claims official, was found guilty of defrauding her employer, IPB Insurance, of €220,000 over six years. She pleaded guilty to ten counts of using a false instrument, theft and attempted theft between April 2007 and August 2012. In May 2015, Judge Terence O'Sullivan imposed a wholly suspended two‑and‑a‑half‑year sentence. The Court of Appeal, hearing an application from the Director of Public Prosecutions, ruled that the sentence was "unduly lenient" and ordered a fresh hearing in December. The appeal judge noted that Zaffer had no prior convictions, had lost her job, and that the fraud was pre‑meditated and prolonged. The case was remitted for the probation service to prepare reports before the new sentencing hearing.
In 2016 the Court of Appeal considered an appeal against a High Court ruling that 76‑year‑old Russian Mr Sergey Chesnokov was born in Dublin on 28 September 1940 and should have his birth officially registered in Ireland. Chesnokov, a Moscow resident, had applied to the Registrar General to register his birth so he could spend more time in Ireland where his son and grandchildren live. The Registrar General had refused the application, citing insufficient independent evidence. Chesnokov challenged the refusal in the High Court, where Justice John Hedigan found it probable that he was born in Dublin and ordered the birth to be registered. The Registrar General appealed, arguing the challenge was untimely and that Chesnokov's parents had not wanted an Irish birth registration due to fear of Soviet authorities, yet had listed Dublin as the place of birth when registering in Russia.
The Court of Appeal reduced the life sentence of a 40‑year‑old Dublin man, who had pleaded guilty to fourteen counts of sexual assault and defilement of an 11‑year‑old boy, to 15 years imprisonment. The man had previously been convicted of sexual offences and had avoided reporting a change of address to the sex offenders register. He had spent three years in a rehabilitation programme at Arbour Hill prison before sentencing. The Court held that his rehabilitation efforts moved the case out of the category for which a life sentence was appropriate. The Court also imposed 11‑year sentences for the sexual assault counts, to run concurrently from the original March 2014 date. The decision was based on the man's age, the duration of abuse, prior convictions and his rehabilitation work. The Court noted that the life sentence was a significant error in principle but still required a very significant sentence. The appeal was successful.
Jonathon Duffy, aged 33, was convicted of robbing the Blackrock Post Office on 16 April 2013 with a €2 toy gun, possessing an imitation firearm with intent to commit robbery, unlawfully seizing a vehicle and attempting to seize another. He was sentenced to seven years' imprisonment by Judge Mary Ellen Ring on 26 May 2014. Duffy appealed the sentence, but Mr Justice George Birmingham dismissed the appeal on 25 October 2016, stating that Duffy had entered the post office, threatened a woman with the toy gun, stole about €3,000 in €20 notes, and then attempted to stop cars while fleeing. Gardaí pursued him, and he was eventually apprehended after a woman's vehicle was seized. Duffy had 35 prior convictions, including 10 for robbery, and had been temporarily released from prison 11 days before the offence. The court found no error in principle and upheld the seven‑year term. Jonathon Duffy pleaded guilty.
In a case heard by the Court of Appeal, Tezaur Bita, who was charged with public urination under section 5 of the Summary Jurisdiction (Ireland) Amendment Act 1871, was granted leave to challenge the constitutionality of the indecent exposure offence. Bita allegedly parked on Old Nangor Road on 27 August 2015 and relieved himself in bushes, an act witnessed by a Garda who arrested him. His lawyers argued that the 1871 offence was too vague and uncertain, citing earlier rulings that struck down similar offences. The High Court had dismissed his bid for prohibition in May, but Bita appealed. The Court of Appeal, with Justice George Birmingham presiding, found the argument that the section was impermissibly vague and unconstitutional to be arguable and granted leave. Justices Garrett Sheehan and Alan Mahon agreed.
Marcin Kazinski, 39, of Cappoquin, Waterford, pleaded guilty to dangerous driving causing serious bodily harm after a crash on 23 December 2011 that left his 12‑year‑old daughter with horrendous injuries, including spastic quadriplegia. He had been heavily intoxicated the day before the accident, and alcohol remained in his bloodstream at the time of the crash, though he had not drunk on the day itself. The original sentence, imposed by Judge Keenan Johnson at Waterford Circuit Criminal Court on 17 April 2013, was 240 hours of community service and a 10‑year driving disqualification. On 24 October 2016 the Court of Appeal, led by Mr Justice George Birmingham, reduced the disqualification to three years, citing the family's difficulties and the need for the father to drive to care for his daughter. The Court noted that the original 10‑year period was longer than statute allowed under the circumstances. The decision was made without altering the community service requirement.
Kevin Mulcahy, a 57‑year‑old GP from Cork, was found guilty of indecently assaulting a 15‑year‑old female patient in 1989. He had pleaded not guilty but was convicted after a retrial at Cork Circuit Criminal Court, where a jury deliberated for 39 minutes. Judge Seán Ó Donnabháin sentenced him to two years' imprisonment on 25 November 2015. Mulcahy was released on bail pending appeal, and the conviction aspect of his appeal was dismissed earlier in the month. On 24 October 2016, the Court of Appeal, led by Mr Justice John Edwards, reduced his sentence to 12 months, citing mitigating factors such as his first‑time offender status, good character, and the impact on his family. He was placed on the sex offenders register and ordered not to practice medicine. He was taken to serve the remainder of his sentence.
Finbarr O'Rourke, 41, of Laurel Drive, Portlaoise, pleaded guilty to dangerous driving causing the death of four‑year‑old Ciarán Treacy and severe injury to his mother, Gillian Treacy, in an April 2014 collision on the R419. He was originally sentenced to seven‑and‑a‑half years imprisonment by Judge Keenan Johnson on 3 November 2015. On appeal, the Court of Appeal re‑sentenced him to eight years imprisonment, with the final two years suspended, citing his genuine remorse, early guilty plea and cooperation with Gardaí. The suspended portion was intended to encourage rehabilitation. The court also reaffirmed a twenty‑year driving disqualification. The decision was delivered by Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan. The appeal reduced the custodial term by 18 months, leaving O'Rourke to serve six years and one month in custody. The case remains a tragic reminder of the consequences of drunk driving.
Seamus Buckley, aged 57, was jailed for 12 months for 26 counts of indecent assault on a girl aged 6‑13 in the early 1980s. The sentence was imposed by Judge Seán Ó Donnabháin on 2 February 2016 at Cork Circuit Criminal Court. The Director of Public Prosecutions applied for a review, arguing the term was unduly lenient. The Court of Appeal, hearing the case on 21 October 2016, decided not to extend Buckley's custody. Justice George Birmingham noted Buckley's relationship with the victim's family, his lack of prior convictions, and his cooperation after the complaint in July 2014. He also cited mitigating factors and the fact that Buckley had already served most of his term. The court therefore substituted the original sentence with a new term of three years imprisonment, of which two years were suspended, leaving the effective custodial period unchanged. The decision was made by Justices Birmingham, Seán Ryan and Garrett Sheehan. Seamus Buckley pleaded guilty.
In July 2016, former Anglo Irish Bank executives John Bowe (52), Willie McAteer (65), 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 investors about Anglo Irish Bank's financial health. They had used interbank loans to make the bank appear €7.2 bn more valuable between 1 March and 30 September 2008. Judge Martin Nolan sentenced Bowe to two years, McAteer to three‑and‑a‑half years, and Casey to two years and nine months imprisonment. All three lodged appeals against their convictions, and a hearing was scheduled for the week beginning 6 March 2017. McAteer and Casey also appealed their sentences, while Bowe did not. The appeal hearing was to be overseen by Mr Justice George Birmingham, who noted it would be the longest since the court's establishment in 2014. The men were not present for the procedural hearing. John Bowe pleaded not guilty. Willie McAteer pleaded not guilty. Denis Casey pleaded not guilty.
Tiarnan O'Mahoney, a former Chief Operations Officer of Anglo Irish Bank, was scheduled to stand trial on Monday, 19 October 2016, for charges of conspiring to conceal or alter bank accounts. He had previously been convicted in July 2015 on seven charges and sentenced to three years' imprisonment, but that conviction was quashed by the Court of Appeal in April 2016. The new trial date was set for 24 October 2016. The charges allege that in 2003 and 2004 O'Mahoney conspired to hide or omit accounts from Anglo's Core Banking System or from documentation provided to Revenue, which was investigating bogus non‑resident accounts potentially liable for Deposit Interest Retention Tax. The prosecution, led by Dominic McGinn SC, requested that the trial not be held concurrently with the ongoing trial of Sean FitzPatrick, and Judge Melanie Greally agreed, setting a new trial date for 2 October 2017. Tiarnan O'Mahoney pleaded not guilty.
Trevor O'Donoghue, 34, pleaded guilty to robbing €750 from a 61‑year‑old man at Cork City Bus Station on 29 June 2014. The original sentence was five years' imprisonment with the last 18 months suspended. On appeal the Court of Appeal reduced the term to four years' imprisonment, with the final 18 months still suspended, after finding the Circuit Court had incorrectly been told O'Donoghue had a prior conviction he did not possess. The victim, who used a walking stick, did not give a victim impact statement and asked that O'Donoghue not be sent to jail. O'Donoghue's associate, who was present that night, had died of heroin before the case reached court. The appeal judge noted O'Donoghue's history of drug use and his efforts to address his addiction while in prison. The final sentence remains four years' imprisonment with 18 months suspended.
Aoife Molloy, aged 25, pleaded guilty to assault causing harm to Noel O'Rourke on a Luas tram on 11 December 2014. She was originally sentenced to four years' imprisonment with the final 18 months suspended. On appeal the Court of Appeal reduced her jail term by six months, citing that her sentence should have been on par with that of her co‑accused, who received four years with two years suspended. The judge noted that the incident involved Molloy and a group of young people who were drinking on the tram, that Molloy struck O'Rourke twice with a bottle and then jabbed him in the lip. O'Rourke suffered a fractured jaw‑eye bone and required stitches. Molloy had seven prior convictions for road‑traffic offences and was under the influence of alcohol and prescription drugs at the time of the assault. The final sentence imposed was four years' imprisonment with the final two years suspended.
Finbarr O'Rourke, 41, pleaded guilty to dangerous driving causing the death of four‑year‑old Ciarán Treacy in Portarlington on 17 April 2014. He was sentenced to seven‑and‑a‑half years imprisonment by Judge Keenan Johnson at Portlaoise Circuit Criminal Court on 3 November 2015. O'Rourke's barrister, Conor Devally SC, appealed today, arguing the tariff was too high and mitigation was insufficient. Devally said the judge was moved by the case and that O'Rourke should be seen as an example rather than an individual. He highlighted O'Rourke's lack of prior convictions, his professional driving background, and his recent efforts to change his relationship with alcohol. The appeal also noted O'Rourke's failure to remain at the scene, his phone call to a companion after the crash, and the impact of these factors on the sentencing decision. The Court of Appeal will decide next week.
In 2016, David Mahon, aged 45, was sentenced to seven years' imprisonment for manslaughter after killing Dean Fitzpatrick, 23, the older brother of missing teenager Amy Fitzpatrick. The incident occurred on 26 May 2013 when Mahon, who had been in a 12‑year relationship with Dean's mother Audrey Fitzpatrick, stabbed Dean in the abdomen outside the apartment they shared on Burnell Square, Northern Cross, Malahide Road. Mahon claimed the death was accidental or a possible suicide, asserting that Dean had walked into the knife during an argument. A jury at the Central Criminal Court found him not guilty of murder but guilty of manslaughter. On 13 June 2016, Ms Justice Margaret Heneghan imposed the seven‑year sentence. Mahon has now applied for legal aid to appeal the severity of that sentence in the Court of Appeal, where the application was granted without contest. The case remains at the appeal stage, with no further outcome reported. David Mahon was found guilty.
A man convicted of aggravated burglary at Ballymahon, County Longford, has failed to overturn his conviction at the Court of Appeal, despite judges acknowledging that his DNA sample was unlawfully retained beyond the statutory 12-month deadline. Eamon Murphy (48) of Attracta Road, Cabra, Dublin 7, pleaded not guilty to the offence at Longford Circuit Criminal Court but was found guilty and sentenced to ten years imprisonment, with the final three years suspended, in October 2015. A forensic swab was lawfully taken following his arrest in November 2011, but no application was made to retain it beyond the required period before his charge in January 2013. The Court of Appeal, presided over by Mr Justice Alan Mahon, found that whilst the retention breach violated Murphy's legal rights, the trial judge had properly exercised her discretion to admit the evidence. The appeal was dismissed.
Jayne Kearney, aged 26, appealed the three‑year prison sentence she received for dangerous driving that caused serious bodily harm to Blathnaid Molloy, a mother of two, after Kearney was almost three times the legal alcohol limit. Kearney pleaded guilty at Dublin Circuit Criminal Court on 8 March 2014 and was sentenced by Judge Martin Nolan on 12 January 2015. In her appeal, Kearney's barrister, Padraig Dwyer SC, argued that a suspended sentence or community service would have been appropriate, noting that Kearney had left the hotel after a dispute with her boyfriend, had not been drinking all evening, and had made a single reckless decision to drive. Dwyer highlighted that Kearney had cooperated at the scene, made admissions, and that the injuries were sustained by Molloy. The court, hearing the arguments, reserved judgment and would decide as soon as possible. The appeal does not alter the fact that Kearney was convicted of dangerous driving and driving while intoxicated.
Kevin Mulcahy, a 57‑year‑old GP from Creggan, Lombardstown, Mallow, Co Cork, was found guilty of indecently assaulting a 15‑year‑old female patient on 23 December 1989. He pleaded not guilty to the single charge, but a jury convicted him after 39 minutes of deliberation at the Cork Circuit Criminal Court. Judge Seán Ó Donnabháin sentenced him to two years' imprisonment on 25 November 2015. Mulcahy had been granted bail in December 2015 pending an appeal against conviction, which was dismissed by the Court of Appeal on 13 October 2016. Justice John Edwards ruled that Mulcahy had regularly visited the patient's home to treat her mother, who had terminal cancer, and that during one visit he touched the patient's vagina on the outside of her clothing. He was arrested and interviewed in 2011 following a complaint of indecent assault.
James Connors, aged 30, was convicted of murder and sentenced to life imprisonment for the killing of Jason Ryan, aged 27, in Wexford on 25 January 2012. The Central Criminal Court jury found him guilty by a 10‑2 majority, and Justice Margaret Heneghan imposed the mandatory life sentence on 17 December 2015. Connors has now applied to appeal his conviction on several grounds. His barrister, Michael Delaney SC, argued that the defence had admitted Connors was on temporary release over Christmas 2011 and failed to return, making it undesirable that a jury would know he had been in custody. Delaney also contended that prejudicial material, including testimony from Samantha Hore and a phone call from Connors while in prison, should not have been admitted. The Director of Public Prosecutions' counsel, Gerard Clarke SC, described the case as simple and maintained that the alleged threats were relevant to motive. James Connors pleaded not guilty.
John Joe Synnott, aged 61, a former Garda, was convicted of deception and corruption for staging a non‑existent road traffic accident on 9 September 2007. He had reported an Audi A4 colliding with a parked Subaru Imprezza, creating a PULSE incident report and a Traffic Accident Preliminary Report, and paid out €23,352 to the drivers, Beverley Redmond and Lorraine Quinlan, through AXA Insurance. The prosecution argued that Synnott deliberately assisted the drivers and Joe Redmond, a friend and known criminal, in fraud. He was found guilty on all counts and sentenced to three years' imprisonment, with the final two years suspended. Synnott appealed on grounds relating to the judge's jury instructions, but the Court of Appeal dismissed the appeal. He remains in custody on an undisclosed matter and is no longer a serving Garda. John Joe Synnott pleaded not guilty.
Mark Carlyle, 27, of Derry Park, Crumlin, Dublin 12, pleaded guilty to violent disorder outside a Harcourt Street nightclub on 23 September 2014 after being refused entry. He was sentenced by the Dublin Circuit Criminal Court to five years' imprisonment, with the final 18 months suspended, on 15 December 2015. Carlyle's appeal against the severity of the sentence was dismissed by the Court of Appeal on 10 October 2016. Mr Justice Alan Mahon, sitting with Mr Justice Garrett Sheehan and Mr Justice John Edwards, upheld the sentence as a "substantial sentence" justified by the circumstances. The Court noted that Carlyle had initiated a violent altercation with security staff, pulling one member away from colleagues and punching him eight or nine times, and had thrown a security barrier in a crowded area.
Anthony Kelleher, 42, was given an eight‑year sentence for seriously assaulting his wife, Siobhán, in Macroom on 12 June 2014. He pleaded not guilty, but a jury found him guilty of assault causing serious harm. Kelleher was released after a successful appeal, but the Court of Appeal ruled he did not receive a fair trial and ordered a retrial. The appeal focused on the admission of two statements made by Siobhán while she was a patient in hospital, which were allowed under an exceptional provision of the Criminal Justice Act. The Court found that the trial judge failed to intervene when Siobhán refused to answer questions, preventing effective cross‑examination, and that the presentation of Prof. Cusack's evidence was unfair. Kelleher remains on bail and is due to appear again on 25 October at Cork Circuit Criminal Court.
A 66‑year‑old man was sentenced to 14 years in prison for raping his son from the age of six and locking him in a box in their Waterford home. The judge, Mr Justice Robert Eagar, imposed a 15‑year sentence with the final year suspended, and ordered a four‑year supervision period after release. The father, who has been registered as a sex offender, continues to deny the offences and intends to appeal the verdict. He was convicted of nine counts of rape and one count of child cruelty, but acquitted of raping the child with a poker. His 38‑year‑old partner was convicted of child cruelty but found not guilty of sex assault. The case involved the child being removed from the family home in 2011, placed in foster care, and later subjected to further sexual abuse by another child.
Nianje He, a 35‑year‑old Chinese national, pleaded guilty in the Dublin Circuit Criminal Court to unlawfully cultivating cannabis in his apartment on 8 May 2014. The court found 126 cannabis plants at various stages of growth, valued at €108,000, and noted a strong smell of cannabis when Garda Seamus Donoghue entered the premises. He had jumped from a second‑floor window after being caught. He was sentenced to three and a half years' imprisonment by Judge Martin Nolan on 20 November 2015. On 7 October 2016, Mr Justice Garrett Sheehan dismissed He's appeal against that sentence. Sheehan said He had been involved in the offence to discharge gambling debts, had expected €10,000 from the harvest, and had committed a further cultivation offence in Galway while on bail for the Dublin offence. The Court of Appeal found the sentence not excessive and gave He credit for six weeks spent in custody for this offence.
A 53‑year‑old man who sexually abused his younger sister 16 times between 1983 and 1987, when she was aged 7 to 11, was found guilty by a jury at the Dublin Circuit Criminal Court and sentenced to nine years' imprisonment by Judge Martin Nolan on 12 January 2015. The man, who pleaded not guilty, appealed the severity of the sentence. Mr Justice George Birmingham dismissed the appeal, stating the abuse began around the time of the victim's first communion and occurred roughly four or five times a week, amounting to "in excess of a couple of hundred times." He noted aggravating factors such as the sibling relationship, the duration spanning a significant part of the victim's childhood, and the frequency of abuse. The judge's approach of imposing a substantial sentence on one count while considering the others was deemed permissible, and the appeal was rejected. The sentence remained within the maximum 10‑year scale.
Neil Mannion, 35, of Dublin, was sentenced to six‑and‑a‑half years for possessing €143,000 of LSD, amphetamine and cannabis resin with intent to sell or supply. He admitted guilt and described how the drugs were sold on the dark net, a part of the internet likened to eBay or Amazon. Mannion was the main beneficiary and organiser of the operation. His co‑accused received a three‑year sentence. At the Court of Appeal, Mannion's barrister, Michael Bowman SC, argued that the harsher sentence was disproportionate and that Mannion's cooperation with investigators should not lead to a harsher outcome. The three‑judge panel, led by Justices George Birmingham, John Edwards and Alan Mahon, could not decide immediately and reserved judgment, stating a decision would be made in the coming weeks. The unnamed accused pleaded guilty.
Martin Stokes, 25, of Corkhill, Kinnegad, was convicted of defilement of a child under 15 and rape of a 14‑year‑old girl in Westmeath on 3 June 2011. He pleaded not guilty, denied knowledge of the girl, and later claimed the encounter 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 has now lodged an appeal against his conviction on grounds that his right to silence was undermined, medical evidence was mishandled, and extracts from Garda tapes portrayed him as "belligerent". His barrister, Padraig Dwyer SC, argued that inconsistencies in medical evidence were treated as mere defence points and that the jury was misled by the victim's cross‑examination responses. He also contended that hearsay evidence of Stokes acting threateningly the day after the incident was improperly admitted.
A pregnant 18‑year‑old teenager was sentenced to three years' imprisonment for violent disorder after a CCTV‑recorded incident in which she kicked a Brazilian student 15 times. The Court of Appeal rejected her appeal to suspend the remaining 15 months of her sentence. The case, heard in Dublin Circuit Criminal Court, involved a confrontation at about 5 am with a group of seven youths. The teenager, who had 26 prior convictions, was four months pregnant at sentencing. The judge emphasised the seriousness of the offence and the need for custodial reform, concluding no error in the original sentence. The unnamed 18-year-old pleaded guilty.
The Court of Appeal has reserved judgment on whether a trial of a man who worked voluntarily in a children's home run by a religious order in Dublin from 1974 should proceed. The case involves historic sexual abuse allegations, including rape, made by several complainants. The indictment was amended before the trial, shifting alleged offence dates for the first two complainants while leaving the third unchanged. After the jury was sworn, the accused's barrister, Caroline Biggs SC, applied for rulings to stop the trial, amend the indictment, or exclude the complainants' evidence. The trial judge denied these applications, suggesting prohibition could be sought. A High Court judgment in February refused leave to seek prohibition, and the matter now rests with the Court of Appeal. Ms Biggs argued the High Court used the wrong test and that the complainants' statements could not be true, citing incorrect original dates. The Court of Appeal will decide on Thursday.
Andrew Shannon, aged 50, was convicted for damaging Claude Monet's 1874 painting 'Argenteuil Basin with a Single Sail Boat' at the National Gallery of Ireland on 29 June 2012. CCTV showed him striking the canvas, causing a substantial tear. He was sentenced to six years' imprisonment, with 15 months suspended, on 4 December 2014. Shannon appealed the conviction, arguing the damage was accidental after a coronary episode. The Court of Appeal dismissed the appeal, ruling the trial was satisfactory and the conviction safe. The court noted the separate incidents at the National Gallery and the Shelbourne Hotel, the latter of which he was acquitted. The appeal was dismissed, and Shannon expressed a desire to appeal to the Supreme Court. The case was heard by Mr Justice John Edwards, Mr Justice Garrett Sheehan and Mr Justice Alan Mahon. Andrew Shannon pleaded not guilty.
Gerrit Plug, the Dutch skipper of the vessel Annelies Ilena, formerly known as the Atlantic Dawn, has lost his appeal against conviction for breaching EU fishing regulations. Plug, who pleaded not guilty to five counts, two of which were withdrawn from the jury for legal reasons, was found guilty by a jury at Letterkenny Circuit Criminal Court. The charges related to failing to record discards, discarding quota species, and exceeding permitted gaps in water separators between November 22 and 25, 2011. He was fined €105,000 by Judge John O'Hagan on March 27, 2015. In dismissing the appeal, Mr Justice Alan Mahon, sitting with Mr Justice Garrett Sheehan and Mr Justice John Edwards, ruled that the recording and transmission obligations were distinct duties. The court rejected arguments regarding the evidence of fish being returned to sea and the timing of the separator bar measurements, noting no evidence suggested interference after the vessel's detention. The Court of Appeal described the trial as conducted in an exemplary fashion. The matter was not concluded as the Director of Public Prosecutions has lodged an application for review of sentence on grounds that Plug's penalty was unduly lenient.
Fred Forsey Jnr, a former Fine Gael councillor aged 45 from Dungarvan, lost his appeal against a conviction for receiving €60,000, €10,000 and €10,000 in corrupt payments from a property developer in 2006. The payments were alleged to have been made to influence Waterford County Council officials and councillors to grant planning permission for a development at Ballygagin, and to alter the zoning of the land in the Waterford County Development Plan. Forsey was also accused of seeking to bring the land under the control of Dungarvan UDC, where he was a member. A jury at Waterford Circuit Criminal Court found him guilty and he was sentenced to six years' imprisonment, with the final two years suspended by Judge Gerard Griffin on 27 June 2012. Fred Forsey Jnr pleaded not guilty.
Anthony Kelleher, 42, of Macroom, was convicted in May 2015 of assault causing serious harm to his wife Siobhán and sentenced to eight years. He had pleaded not guilty and his wife refused to testify, though her earlier statements to Gardaí were admitted under section 16. Kelleher's appeal, heard by the Court of Appeal, was allowed by Justice Garrett Sheehan, who noted that the appeal was largely based on the handling of the section 16 statements and the judge's directions to the jury. The appeal decision will be formalised in a forthcoming judgment, and the court will decide whether a retrial is required. Kelleher will be released from prison following the successful appeal.
In 2008, Perry Wharrie, aged 56, was convicted in a Cork Circuit Criminal Court for his role in a failed €440m cocaine smuggling operation off the Irish coast. He received a 30‑year sentence, the longest for a drug offence in the State, which was later reduced to 17½ years on appeal. Wharrie's conviction was upheld after a 42‑day trial, and his appeal was dismissed. He now seeks a new appeal to the Supreme Court, arguing that he should not have been charged with sale and supply because the drugs were not destined for Ireland. The Director of Public Prosecutions opposes the application, contending that Wharrie did not admit the drugs were intended for another jurisdiction and that the prosecution must prove intent to supply within Ireland. The Court of Criminal Appeal has reserved judgment on the application, with no decision date announced. Wharrie was not present in court but observed proceedings via video link from prison.
A 44‑year‑old Nigerian woman was given a wholly suspended four‑year sentence by Judge Patrick McCartan on 22 May 2014 for assault causing harm to her daughter and three counts of neglect and ill treatment of her children aged 2, 4 and 8 in Kildare in August 2012. The Court of Appeal dismissed her appeal on 28 July 2016. Mr Justice Garrett Sheehan noted that Gardaí arrived at the home in August 2012 and found the woman extremely intoxicated, the house in a state of filth, and the children lying in a bed soaked in urine with soiled nappies. Powdered milk four months out of date and no fresh food were also found. The children were unkempt and the four‑year‑old was not speaking. The social worker described the conditions as appalling and one of the most horrific incidents seen in ten years. The children were taken into foster care. The unnamed 44-year-old pleaded guilty.
Michael Collins, aged 34, was convicted of murdering Packie Hogan, aged 42, on 10 February 2011. Collins pleaded not guilty and denied owning a rifle or ammunition. A Central Criminal Court jury found him guilty on all counts and he received a mandatory life sentence on 29 November 2012. Collins appealed, arguing the shooting was accidental and that he intended only to frighten Hogan. His defence cited a defective firearm with a hair trigger and no safety mechanism, and claimed he had no intent to kill. The Court of Appeal, led by Mr Justice Garrett Sheehan, dismissed the appeal, stating that any trial unfairness had been rectified and that the defence did not raise manslaughter. The appeal was rejected, leaving Collins' conviction and life sentence intact. The court noted no unusual circumstances required a different jury instruction. The case remains at the conviction stage.
Leonard Dumbrell, 28, of Clonattin Village, Gorey, was sentenced to three years' imprisonment and a five‑year driving disqualification for car theft and two counts of dangerous driving in Dublin City Centre. The sentence was imposed by Judge Mary Ellen Ring on 30 July 2015. Dumbrell's appeal was dismissed by Mr Justice Alan Mahon on 28 July 2016. Mahon noted that Dumbrell had entered a car with the engine running, left the owner, and then drove away. A Garda chased him, and Dumbrell broke a red light, made illegal turns, weaved through traffic, mounted a pedestrian median on O'Connell Bridge, and crashed in Temple Bar. He had 108 previous convictions and was arrested a short distance away. Mahon found the three‑year term not "lenient" given his record and that the sentencing judge had considered rehabilitation. The appeal was therefore dismissed. Leonard Dumbrell pleaded guilty.
Richard Molloy, 45, of Naas, was convicted in 2015 for possessing equipment to produce counterfeit €50 notes and was sentenced to six years' imprisonment. He had sold €20,000 in counterfeit bills to a suspected IRA member and was found to have €2 million worth of counterfeit currency in preparation. On appeal the Court of Appeal found the original judge had not explained the overall rationale for the sentence and had not recorded the mitigating discount. The appeal court re‑sentenced Molloy to five‑and‑a‑half years' imprisonment, with the final 18 months suspended. He was required to enter a good‑behaviour bond for the suspended period. The case involved the discovery of two Heidelberg colour offset printers, various powders, guillotines, digital printers and paper, and a large quantity of completed and partially completed counterfeit notes. The court noted Molloy's financial difficulties, his partner's illness and death, and his alcohol problems as mitigating factors. Richard Molloy pleaded guilty.
Patrick Kinsella of Callohill, Newtown, Co Wicklow, who had not been represented, claimed that RTE and media personality Fiona Looney stole his original idea for the reality show 'Celebrity Bainisteoir'. He had submitted a concept titled Top Coach/Top Team to RTE in August 2007. In 2011 the High Court, presided over by Mr Justice George Birmingham, dismissed Kinsella's claim, finding that the idea was solely that of Ms Looney, who had first submitted it to RTE in 2004. The judge concluded that the evidence presented at the hearing showed no merit in Kinsella's allegations and ordered him to pay the legal costs of the seven‑day hearing. Kinsella appealed to the Supreme Court, arguing that the High Court decision should be set aside. The Supreme Court, comprising Chief Justice Susan Denham, Mr Justice William McKechnie and Mr Justice John MacMenamin, dismissed the appeal, affirming the High Court's ruling and awarding costs to Ms Looney and RTE.