In February 2016, the Court of Appeal dismissed the appeal of Indian national Dileesh Soman, 33, who had been sentenced to four years' imprisonment with the final 12 months suspended for sexually assaulting a 30‑year‑old postgraduate student in Cork City on 11 November 2013. Soman, who had lived and worked in Ireland for over six years, had used the alias 'Aaron' and entered the victim's apartment after she had advertised a room on daft.ie. During the assault he forced her to expose parts of her body, touched her breasts, opened her jeans, and inserted his hand into her vagina, while making remarks such as 'nothing bad is going on' and 'it's okay, we're not going to have sex here.' The victim, who had never advertised for a flatmate before, later reported the incident to the Gardaí. Dileesh Soman pleaded guilty.
An associate of former Italian Prime Minister Silvio Berlusconi, Frank Agrama, has applied to the Court of Appeal for leave to bring judicial review proceedings against the Irish Justice Minister's appointment of Judge John O'Neill to take evidence relevant to Agrama for transmission to Italian authorities. Agrama, who denies the charges, was acquitted in 2014 of aggravated misappropriation and tax fraud, but the Italian prosecution has appealed the acquittal. The Minister's nomination of Judge O'Neill was refused leave by Mr Justice Richard Humphreys, who said the appointment was ultra vires because the material was intended for an Italian appeal, not an Irish investigation. The taking of evidence from two witnesses has been fixed for the Dublin District Court. Agrama's counsel, Paul Gardiner SC, argues the Minister acted ultra vires and seeks a judicial review.
Patrick Maughan, aged 29, was sentenced to ten years in prison, with three years suspended, for setting fire to an apartment complex in Thornfield Square, Clondalkin, on 7 July 2013. The arson was carried out outside apartment 31, where a resident, awake and caring for a sick child, raised the alarm. The blaze forced the evacuation of 39 people, including children, and required repairs to 20 apartments. Residents were housed elsewhere for eight months, and the complex owner incurred €517,000 in losses. Maughan claimed the attack was part of a family feud and that he was "out of it" due to drink and valium. A psychologist reported an IQ of 56, placing him in the bottom two per cent of the population. His appeal to reduce the sentence was dismissed by the Court of Appeal. Patrick Maughan pleaded guilty.
A major road haulage firm, Roadteam Logistic Solutions (formerly Nolan Transport Limited), was fined €1 million for inadequately securing steel coils that slid off a trailer, killing two motorists and injuring four others in a 2007 accident near Thomastown, Co. Kilkenny. The company pleaded guilty to breaching the Safety, Health and Welfare at Work Act. The fine, imposed by Mr Justice Raymond Fullam in 2013, was the maximum of €3 million but was reduced to €1 million. Roadteam appealed, arguing the penalty was disproportionate to a single omission, but the Court of Appeal dismissed the appeal, finding the fine "just and proportionate" given the gross dereliction of duty and the serious harm caused. The €1 million fine is to be paid over three years. The case highlighted the company's failure to secure heavy loads properly, leading to a fatal road incident.
David Emerson, 31, who had received a Gaisce Award from President Michael D. Higgins two weeks before his imprisonment, has lodged an appeal against his 16‑month custodial sentence for a hammer assault. The incident occurred on 21 June 2012 at Kilshane Cross, Finglas, when Emerson, allegedly under the influence of intoxicants, struck a man with a hammer after being pursued by the property's occupant. He pleaded guilty at Dublin Circuit Criminal Court, where Judge Martin Nolan imposed the sentence on 12 July 2013. Emerson's counsel, Michael Bowman SC, argued that the judge should have considered Emerson's rehabilitation efforts, including his engagement with the Fr Peter McVerry Trust and his stable home environment, and that a suspended sentence would be appropriate. The Court of Criminal Appeal granted bail in July 2013, and the appeal is now pending further hearing. The case remains at the appeal stage, with no final decision yet.
Terry O'Donoghue, 51, of Tallaght, was found guilty of possessing €2 million worth of cannabis for sale or supply at Cookstown Industrial Estate between 27 and 28 February 2013. He was sentenced to 10 years' imprisonment, with the final three years suspended, by Judge Mary Ellen Ring on 7 April 2014. O'Donoghue appealed against the severity of the sentence, but the Court of Appeal found no error in principle. Mr Justice Alan Mahon, sitting with Justices Garrett Sheehan and John Edwards, upheld the sentence, noting the large value of the drugs and O'Donoghue's extensive involvement in the operation, including renting premises and organising vehicles. The appeal was dismissed, leaving the 10‑year term, three years suspended, in place. The case was heard in the Dublin Circuit Criminal Court.
The High Court refused to allow a GAA coach to challenge a 2013 finding by the Child and Family Agency (CFA) that he poses a risk to children. The coach, who cannot be named, had previously sought to overturn the CFA's decision after an investigation into an allegation that he sexually abused a girl aged six to sixteen. He denied the claims and appealed the finding, but the appeal has not yet been heard. In December he initiated High Court proceedings, arguing that the investigation process was fundamentally flawed and that the finding would damage his reputation. The court rejected his application for judicial review, citing the lack of a sworn statement from the coach himself and the requirement that such statements be made personally. The judge noted that the case is nearly three and a half years old and that the CFA has not taken steps to mitigate any risks. The coach had voluntarily stopped coaching underage players.
In 2016 the Court of Appeal dismissed Timothy Rattigan's application to have his 2005 conviction for the murder of 65‑year‑old Joan Casey declared a miscarriage of justice. Rattigan, 36, had been found guilty by a jury at the Central Criminal Court and sentenced to mandatory life imprisonment by Mr Justice Paul Carney. He argued that evidence obtained from a search of his house and his arrest would be inadmissible under the 2012 Supreme Court decision 'Damache', which declared section 29 search warrants unconstitutional. His counsel, Ken Fogarty SC, claimed the new ruling should render the evidence inadmissible. The Director of Public Prosecutions, Tara Burns SC, said the application was bound to fail. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, agreed with the DPP, citing the 2014 McKevitt case and the 2014 'JC' judgment, and ruled that the appeal should be dismissed. Timothy Rattigan pleaded not guilty.
Perry Wharrie, 56, from Loughton, Essex, was sentenced to 30 years in 2008 for his role in Ireland's largest drug seizure of €440 million, a haul that went awry at Dunlough Bay in 2007. He pleaded not guilty to possession for sale or supply and was found guilty by a Cork Circuit Criminal Court jury. Wharrie's appeal in 2016 was successful; the Court of Criminal Appeal ruled that the original judge had erred by not fully crediting Wharrie's refusal to give false evidence and by not considering his prior life sentence in England for the murder of PC Frank Mason. The appeal reduced his term to 17 ½ years, with a five‑year discount for good conduct, and the sentence is to run from the date of his initial custody. Wharrie's case was the last before the Court of Criminal Appeal before it was succeeded by the Court of Appeal.
Kris Collins, 25, of Murphy's Rock, Old Mallow Road, Cork, pleaded guilty to a headbutt assault on a man in Cork City on 7 September 2014. The assault caused serious harm, leading to a clot between the skull and brain and emergency neurosurgery. He was originally sentenced to eight years' imprisonment on 17 June 2015. On appeal, the Court of Appeal re‑sentenced him to five years' imprisonment, with the final 12 months suspended on condition of a two‑year good‑behaviour bond. The judge noted the victim's wife had been told to "prepare for the worst" and that the victim's life had been severely disrupted, including financial hardship. Collins had 15 prior convictions, had paid €4,000 in compensation, and had offered cooperation and a guilty plea, factors cited as mitigating in the appeal decision.
William Coster, aged 45, was convicted of sexually assaulting his step‑daughter, who believed him to be her father. The victim, now in her mid‑twenties, was aged 12‑16 during the abuse, which began in 2002 and ended after her sixteenth birthday. A jury at the Central Criminal Court acquitted him of all rape charges but convicted him of all sexual assault charges, sentencing him to 10 years imprisonment on 20 January 2014. Coster had pleaded guilty to five representative counts of sexual assault and denied the remaining counts and 35 rape charges. On appeal, the Court of Appeal found the 10‑year sentence "out of line" with comparable cases and reduced it to seven years, to run concurrently. Coster accepted the conviction and did not pursue further appeal. The judge noted the prolonged, intensive nature of the abuse and its profound impact on the victim.
In February 2016, Mr Justice Seamus Noonan dismissed Private Christopher Maher's High Court challenge to prevent his discharge from the Permanent Defence Forces. Maher, a Tipperary soldier stationed in Kilkenny, had tested positive for cocaine in a compulsory random drug test in March 2013, with urine samples showing 150ng/ml and 179ng/ml of benzoylecgonine, the substance indicating cocaine use. Maher denied ever taking the drug, claiming accidental ingestion at a party the night before the test. He argued that the positive result could have arisen from passive exposure to crack cocaine smoke and that the testing process was flawed. He also submitted a medical report and offered voluntary targeted testing to prove he was not a habitual user. The court found his explanations uncredible, upheld the disciplinary breach, and confirmed the decision to discharge him, while allowing a stay pending appeal to the Court of Appeal.
In 2016 the Supreme Court allowed Blanchfield's appeal against a High Court award of €75,000 to Reynolds. The High Court had awarded the sum on a quantum meruit basis, but neither Blanchfield nor Reynolds had pleaded for such relief, and there was insufficient evidence to value the services. Reynolds had sought €200,000 for services related to a failed joint‑venture property development in France. The High Court judge, after a full hearing, found no express agreement for payment and, despite Blanchfield's objections, awarded €75,000. Blanchfield appealed, arguing that the trial judge had introduced a quantum meruit issue not pleaded by either side. The Supreme Court held that parties may not raise materially different claims than those pleaded, and reversed the High Court order. The case remains at the appellate level.
Martin McBride, 47, of Enniscorthy, pleaded guilty in 2011 to possessing €97,000 of cannabis for sale in Cork. While on bail, he was later caught with €40,000 of cannabis in Wexford. He received a seven‑year sentence in Cork and a consecutive ten‑year minimum in Wexford, totaling 17 years. His lawyer, Bernard Condon SC, appealed, arguing that the Wexford offence was a second offence triggering a mandatory minimum only if a conviction had already been recorded, and that the conviction was not yet formalised at the time of the second offence. He also questioned whether consecutive sentencing for bail offences and mandatory minimums should apply simultaneously. The Court of Appeal noted the case and reserved judgment. The article reports only the procedural arguments and the 17‑year sentence, without any further outcome.
Christpher Dunne, 29, of Kilcronan Court, Clondalkin, pleaded guilty to burglary at Old Chapel Wood, Naas, on 15 March 2011. He was sentenced on 25 July 2014 to five years imprisonment, with the final 12 months suspended. Dunne had 125 previous convictions, 97 of which pre‑dated the offence, and was a father of three and an addict of heroin at the time. During the burglary he threatened to behead a garda while escaping, and had a baseball bat that he swung at the officer. The Court of Appeal, in a three‑judge panel, held that the sentence was proportionate and just, dismissing Dunne's appeal. The judge noted the offence was an "egregious burglary" involving baseball bats, screwdrivers and vice grips, and that the maximum sentence for burglary is 14 years. The suspended year was intended to incentivise rehabilitation. The appeal was dismissed.
A man who helped produce child pornography involving his own four‑year‑old daughter, filmed by her mother, is awaiting the outcome of his appeal against a five‑year sentence with the final twelve months suspended. He pleaded not guilty to sexual exploitation and knowingly facilitating child pornography in Dublin between 2009 and 2010. The mother received a 36‑month sentence with the final twenty months suspended on a plea of guilty. The case began when a member of the public found a crushed mobile phone in June 2010, discovered an SD card containing disturbing images of a child, and reported it to the Gardaí. The Gardaí confirmed the child was the man's daughter, leading to an interim care order. The man's counsel argued the ex‑partner was the instigator and that the judge erred in finding no remorse, noting the man still had supervised contact with his child.
Noel Smith otherwise Smyth, 53, of Gorey, Co Wexford, has appealed his conviction for harassment, making an unwarranted demand with menaces, and money laundering alleged between April and June 2009. At Wicklow Circuit Criminal Court, Smith pleaded not guilty but was found guilty by a jury. On April 7, 2014, Judge Gerard Giffin sentenced him to nine years' imprisonment, with the final three years suspended. The prosecution alleged Smith pressured a named individual to pay for drugs and made threatening calls to the individual's mother. Defence counsel Remy Farrell SC argued that police entry into Smith's dwelling was unlawful, noting Smith was "present with a pitchfork" when gardaí arrived with a warrant under section 29 of the Offences Against the State Act, a provision later ruled unconstitutional. Farrell contended that a detective sergeant's later assertion of section 6 arrest powers was a "legal confection" manufactured after the event, as the officer did not invoke such powers at the time. He described the silent invocation of police entry powers as "wholly obnoxious to Irish law." The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice John Edwards, heard the arguments and reserved judgment. The matter remains pending, with no final decision issued.
In 2016, the Director of Public Prosecutions sought a review of sentences for three Vietnamese nationals convicted of cannabis offences, arguing the sentences were "unduly lenient." The Court of Appeal, hearing the case on 8 February 2016, found that the Circuit Court judge had properly weighed the seriousness of the offences and the personal circumstances of the defendants. The judge had imposed six years' imprisonment with three years suspended for Choung Vu (45), four years' imprisonment with two‑and‑a‑half years suspended for Kham Tu (61), and four years' imprisonment with three years suspended for Tuan Cong Le (53). The Court of Appeal dismissed the appeal, concluding the sentences were not excessive and were proportionate to the harm and culpability involved. The court noted the defendants were legally present in the jurisdiction and did not fall into the comparative cases of illegal migrants or trafficked individuals. The decision reaffirmed the original sentencing as appropriate and justified. Kham Tu pleaded guilty. Tuan Cong Le pleaded guilty.
Stephen Cahoon, aged 43, was given an extension to file an appeal against his most recent murder conviction. He had been convicted twice for the murder of his pregnant ex‑girlfriend Jean Teresa Quigley, who was strangled at Cornshell Fields in Derry on 26 July 2008. The first trial ended with no verdict, the second trial on 30 April 2012 resulted in a unanimous guilty verdict by a jury of seven women and five men, and he was sentenced to life imprisonment by Mr Justice Barry White. Cahoon successfully appealed that conviction, arguing the trial judge had misdirected the jury on the defence of provocation. He was tried a third time, found guilty again, and sentenced to life imprisonment by Ms Justice Deirdre Murphy on 3 December.
A 46‑year‑old man, whose identity is withheld, was convicted in the Central Criminal Court of two counts of assault, harassment and theft against his former partner between November and December 2009. He was sentenced to six years' imprisonment, with the final two years suspended, by Mr Justice Patrick McCarthy on 19 June 2012. He appealed the conviction and the sentence. The Court of Criminal Appeal dismissed his appeal against conviction but allowed his appeal against the sentence, suspending the unserved portion of the sentence. Mr Justice Alan Mahon explained that the victim was a Mauritian woman who had begun a relationship with the man, also Mauritian, and that the assaults involved beatings, slapping, a hair‑straightener and a lamp, causing superficial injuries. The judge noted the sentence was excessive for a first‑time offender and that the suspended period commenced from the date of the appeal hearing. The unnamed 46-year-old pleaded not guilty.
Dylan Paul, 22, was jailed for violent disorder at an 18th birthday party in Harold's Cross and for sending a menacing text in November 2011. He was sentenced to 18 months' imprisonment by Judge Pat McCartan on 27 June 2013. In February 2016 the Court of Appeal quashed that sentence and imposed a suspended 18‑month term, requiring Paul to carry out 210 hours of community service within 12 months, pay €1,000 to the Forever Angels UK Charity, and keep the peace and be of good behaviour during the suspension. The appeal was based on the original judge's concern that Paul had not named names and had declined to do so, leading to a significant custodial sentence. Paul had been employed part‑time as a caterer for Baxter Storey in RTE and had no prior convictions at sentencing. The court noted his later involvement in a cannabis offence but did not impose immediate incarceration. Dylan Paul pleaded guilty.
The Court of Appeal was informed by the State that 1,400 drink‑driving prosecutions are delayed because a ruling held that breath‑alyser statements printed only in English were invalid. The Director of Public Prosecutions appealed a decision that a failure to produce the Irish‑language half of the statement meant the evidence was inadmissible. The case originated from a 2014 District Court hearing in which solicitor Michael Staines argued that the Evidenzer Irl breath‑alyser produced two identical statements, one in English and one in Irish, and that the English‑only statement was not duly completed. Judge Colin Gibbons ruled it was incomplete, and High Court Judge Seamus Noonan confirmed that both language halves must be supplied. The DPP's counsel argued that the regulations provide two separate schedules, one in each language, and that the English statement alone was sufficient. Judge George Birmingham, joined by Judges Alan Mahon and John Edwards, noted the court would reserve judgment.
In 2016 the Supreme Court granted the State permission to appeal the Court of Appeal's decision in Chinguara & Others v Minister for Justice and Equality. The case concerned a non‑national family who had been refused refugee status in 2008 and subsidiary protection in 2011, after which the Minister issued deportation orders. The High Court had found no grounds for judicial review and the family had avoided deportation by changing address. In 2015 they sought an undertaking that they would not be deported while their appeal was pending; the State refused, so they applied to the Court of Appeal for an injunction. The Court of Appeal held that the parents' case was arguable but that the children, innocent of their parents' deception, could not be subjected to deportation. It granted an injunction against deportation for both parents and children.
Roadteam Logistic Solutions, formerly Nolan Transport Limited, was fined €1 million by Wexford Circuit Criminal Court for breaching section 12 of the Safety, Health and Welfare at Work Act 2005 after a 2007 road accident that killed two women. The company pleaded guilty to a breach of health and safety laws involving an unsecured load that caused the fatalities and injuries to three others. On 25 February 2013, Mr Justice Raymond Fullam imposed the fine, citing the seriousness of the offence and the company's failure to secure the load. The company has now lodged an appeal, arguing that the judge erred in describing the case as "the worst" before the Circuit Court, that the fine was disproportionate to an omission rather than a deliberate act, and that the company had complied with warnings and expressed regret.
Sunny Idah, 41, a Nigerian national, pleaded guilty in Dublin Circuit Criminal Court to soliciting two undercover Gardaí posing as Polish drug mules to import cocaine into Ireland between 14 and 19 September 2010. He was sentenced to 10 years' imprisonment, with the final 12 months suspended, by Judge Catherine Murphy on 5 December 2014. Idah's appeal to reduce the severity of the sentence was dismissed by the Court of Appeal. Justice Alan Mahon upheld the 10‑year term, noting Idah's central role in a well‑planned, sophisticated operation that involved sending the mules to Brazil to ingest one kilogram of cocaine worth €140,000, with each mule to be paid €5,000. The Court of Appeal confirmed that the suspended 12 months and the overall sentence were appropriate, and Idah remains on temporary release. The appeal was dismissed on 2 February 2016.
On 2 February 2016 a seven‑judge panel heard the DPP's appeal against the Court of Appeal's decision in DPP v Maher. The Court of Appeal had held that, following the 1937 Constitution and the 1935 Criminal Law Amendment Act, the maximum sentence for indecent assault against a male between 1981 and 1991 was two years, the same as for a female at that time. The DPP argued that the Supreme Court had misapplied DPP v SM, which had not limited the penalty for a male to two years but had only set a statutory maximum of ten years for a female. The Supreme Court, in its determination, agreed that the issue was of general public importance and allowed the appeal, recognising that the correct sentencing guidelines for indecent assault against a male between 1981 and 1991 should be based on the statutory maximum of ten years rather than the two‑year limit imposed by the Court of Appeal. The unnamed accused pleaded guilty and was convicted.
In February 2016 the Director of Public Prosecutions applied to the Court of Appeal for a review of the prison sentences handed to three Vietnamese nationals convicted of cannabis offences in 2011. Choung Vu, aged 45, was found guilty of cultivation, possession and possession for sale of cannabis at Ballinlough, Kells, Co. Meath. He was sentenced on 8 July 2015 to six years' imprisonment, with the final three years suspended. Kham Tu, aged 61, pleaded guilty to cultivation and received a four‑year sentence, the last two‑and‑a‑half years suspended, consecutive to a sentence imposed a day earlier in Naas Circuit Court. Tuan Cong Le, aged 53, pleaded guilty to unlawful possession and was sentenced to four years, with the final three years suspended. The DPP argued the sentences were "unduly lenient", citing that the defendants were legally resident in the jurisdiction and not under duress, unlike comparable cases involving illegal migrants or trafficked individuals.
A man from Erris, County Mayo, will face a retrial following the Court of Appeal's decision to quash his careless driving conviction. Brendan Hegarty, aged 51, had been convicted at Castlebar Circuit Criminal Court of careless driving causing serious injury arising from a road traffic incident on the N59 near Ballina on 14 October 2013. He had been fined €5,000 and disqualified from driving for twelve months. Mr Hegarty appealed his conviction, challenging whether proper statutory procedures governing majority jury verdicts had been followed. The Director of Public Prosecutions subsequently advised the Court of Appeal that it would not be defending the conviction. Mr Justice George Birmingham, sitting with two colleagues, found sufficient doubt over the majority verdict to quash the conviction and ordered a retrial. The original incident involved a collision between a Volkswagen Transporter van driven by Mr Hegarty and a Ford Transit van driven by another motorist.
In 2011, Ms Martha McEnery was convicted of assault by the Waterford Circuit Court and sentenced to four months imprisonment, suspended for six months. The Court of Criminal Appeal upheld the conviction. Despite a clean disciplinary record and prior commendations, the Garda Commissioner served her with notice of intent to summarily dismiss her under Regulation 39 of the Garda Síochána (Discipline) Regulations 2007, citing her unfitness for retention. McEnery filed judicial review proceedings, arguing that the Circuit Court conviction did not preclude the Commissioner from conducting his own inquiry. The High Court dismissed her application, holding that the courts should not decide what behaviour warrants dismissal; that decision lies with the Commissioner and Minister. McEnery appealed to the Court of Appeal, which reversed the High Court, holding that Regulation 39 requires both material facts and a breach of discipline to merit dismissal.
Michael Murray, 44, formerly of Killiney, Dublin, is appealing an unsuccessful High Court action against the Irish Prison Service and the Minister for Justice regarding the recording of his privileged solicitor calls. Murray was found guilty by a unanimous jury in 2013 and sentenced to 15 years for rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill, false imprisonment, and theft. In the High Court, Mr Justice Seamus Noonan dismissed Murray's application for injunctions and damages, finding the recording inappropriate but inadvertent, with no evidence of access or prejudice. The Court of Appeal heard today that Murray is now legally represented and appealing that dismissal, with the hearing listed for March 1. Concurrently, the Director of Public Prosecutions is seeking a review of Murray's 15-year sentence as unduly lenient. Mr Justice Edwards adjourned both the appeal and the DPP's sentence review proceedings to March 4 to allow for progress indications. The matter remains at the appeal stage and has not been finalised.
Shahzad Hussain, aged 35, pleaded guilty to manslaughter after a retrial was ordered by the Court of Criminal Appeal in July 2014. The appeal had quashed his earlier murder conviction for killing his wife's cousin, Muhammad Arif, due to a "very real risk of injustice" in how provocation was explained to the jury. Hussain had previously been sentenced to life for murdering his wife's cousin and to seven years for seriously injuring his wife, Rashida Bibi Haider, and two years for assaulting her. In the current proceedings, he pleaded not guilty to the murder charge but guilty to the manslaughter of Mr Arif. The court noted that Hussain remains in custody for the other two convictions, which were not overturned, and that he has spent the last five years in four different prisons. The case was prosecuted by Mr Shane Costelloe SC and defended by Mr Dominic McGinn SC.
The Director of Public Prosecutions has appealed a Circuit Criminal Court ruling that a man charged with dangerous driving causing death is unfit to stand trial. Robert Harrison, aged 25, from Shantonagh in Monaghan, faces charges relating to a collision at Drung, Cootehill, County Cavan in November 2009, in which a 19-year-old passenger died and another passenger was seriously injured. Judge Pauline Codd determined in July 2014 that Mr Harrison was not fit to be tried. The DPP's counsel argued before the Court of Appeal that psychiatric evidence supported Mr Harrison's fitness to proceed if special trial provisions were implemented, including regular recaps of evidence. Defence counsel contended the DPP sought to create an unprecedented trial arrangement and that Mr Harrison remains unfit due to brain damage sustained in an earlier accident. The Court of Appeal, comprising Justices George Birmingham, Garrett Sheehan, and John Edwards, reserved judgement.
Robert Lawlor, 31, of Donaghmede, was jailed for possessing €3,420 that had been dyed blue after a cash‑box robbery at McDonald's Donaghmede on 23 March 2013. He pleaded guilty to possession of stolen property at Belcamp Gardens on 26 March 2013. Judge Martin Nolan originally sentenced him to 32 months in prison on 27 July 2015. On appeal, the Court of Appeal set aside that sentence and imposed a new 36‑month term, with the final 12 months suspended. Lawlor was required to post a €100 bond and remain of good behaviour for 12 months after release. The appeal considered that his earlier 16‑month sentence for a separate offence was too divergent from the 32‑month sentence for possession, and that his co‑accused received a comparable sentence. The court noted Lawlor's willingness to rehabilitate and accepted his statement that he would be bound by the bond.
In a 2016 Court of Appeal case, prosecutors requested a review of a judge's ruling on the admissibility of mobile phone mast records in criminal trials. The appeal followed a directed acquittal of two individuals in a historic crime, whose identities and alleged offence remain undisclosed. Prosecutors argued that the judge had incorrectly extended the requirement for such evidence, claiming that the records could not reliably link phones to accused persons because the exact location of calls was never established. They contended that the evidence only showed calls were made within a mast's coverage area, not from a specific place, and that the jury should decide the relevance. Defence counsel highlighted two reliability issues: masts sometimes being turned off and calls being rerouted due to overload, which could distort records. They noted maintenance logs were available for three years but not timely.
Keith Hall, aged 26, was sentenced to 20 years for the manslaughter of 16‑year‑old Melanie McCarthy McNamara, who was shot in a car in Tallaght on 8 February 2012. Hall pleaded not guilty to murder but guilty to manslaughter, and the Director of Public Prosecutions accepted the plea. On appeal, the Court of Appeal quashed the original sentence, re‑imposed 20 years as the headline figure and suspended the final two‑and‑a‑half years. The appeal argued that the sentencing judge had not adequately considered mitigating factors such as Hall's drug addiction, dysfunctional background, remorse, family support and prospects for rehabilitation. The Court of Appeal found the judge's failure to specify the extent of any discount a departure from best practice, and ordered Hall to enter a bond to keep the peace during the suspended period. Hall was not directly involved in the shooting but assisted in events before and after the incident.
Patrick Healy, 31, of Buttercup Park, Darndale, was sentenced to 15 years in jail, with the final five years suspended, for a series of violent and dangerous driving offences committed between 2011 and 2013. He pleaded guilty to assaulting a man on the North Circular Road, where the victim's arm was almost severed by a meat cleaver, burglary and theft at Upper Kilmacud Road, unlawful vehicle taking and dangerous driving on the M50, and to dangerous driving causing serious bodily harm on Oscar Traynor Road, unlawful vehicle taking and driving under the influence. The judge, Pat McCartan, imposed consecutive terms of three years for the assault, four years for the burglary and theft, and eight years for the dangerous driving, suspending the last five years. Healy's appeal to reduce the sentence was dismissed by the Court of Appeal, where Justice Alan Mahon upheld the sentence as appropriate given the repeated and severe nature of the offences.
Stefan Onofrei, a 35‑year‑old Romanian, was sentenced to three years' imprisonment for stealing €85,000 from the State by claiming social welfare under a false name 463 times between 2009 and 2015. He pleaded guilty to six sample counts of theft of job seeker's benefit, job seeker's allowance, supplementary welfare allowance, emergency means payment, rent property supplement allowance and family income supplement. The Court of Appeal rejected his appeal against the severity of the sentence. The judge noted that Onofrei had originally been charged with 436 counts, each claim constituting a separate offence. He had used a false ID and PPS number, obtained a Lithuanian passport and driving licence, and claimed benefits while his wife was employed. The appeal was dismissed, and the debt to the State remains to be recovered. The case was heard by Mr Justice George Birmingham, Mr Justice Garrett Sheehan and Mr Justice Alan Mahon.
Michael McMahon has been denied a reduction to his nine-year jail sentence following an appeal heard in the Court of Appeal. McMahon, aged 49 and resident in County Louth, pleaded guilty at Castlebar Circuit Criminal Court to assaulting Seán Lavelle and falsely imprisoning Mr and Mrs Lavelle at their Achill Island home on 14 February 2010. He received a twelve-year term with the final three years suspended in January 2012. His appeal against sentence severity was dismissed on grounds that the trial judge had not sufficiently considered his offer of compensation to the victims. Mr Justice Garrett Sheehan stated the couple had returned home to find two masked intruders who tied and beat Mr Lavelle and restrained Mrs Lavelle. Both victims reported lasting psychological trauma. McMahon's offered compensation of €20,000 was rejected by the injured parties. The court found no error in sentencing and dismissed the appeal unanimously.
A man from Kingscourt, County Meath, has had his prison sentence substantially increased by the Court of Appeal following a successful appeal by the Director of Public Prosecutions. Adrian Magennis, aged 49, pleaded guilty at Monaghan Circuit Criminal Court to assaulting his ex-partner at her home on January 4, 2014. He was originally sentenced to twelve months imprisonment in June 2015, which the appellate court deemed unduly lenient. The Court of Appeal, led by Mr Justice Garrett Sheehan, imposed a four-year sentence with the final sixteen months suspended. The court heard that Magennis caused serious injuries including a shattered leg requiring surgical intervention. Evidence indicated he subsequently brought the victim to a garda station to withdraw her complaint, though she later stated she had been intimidated. Mr Justice Sheehan noted the assault occurred within a domestic context involving significant physical violence. Magennis was ordered to enter into his own bond of one hundred euro to keep the peace during the suspension period.
A Dublin man's prison sentence for violent disorder has been increased by the Court of Appeal. John Doyle, aged 26 and residing in County Meath, had pleaded guilty at Cavan Circuit Criminal Court to violent disorder committed in Belturbet, County Cavan on 24 February 2014. He was originally sentenced to two years imprisonment in June 2015. The Director of Public Prosecutions successfully appealed on grounds of undue leniency. The Court of Appeal increased the sentence to five years, with the final two years suspended for a period of five years. Mr Justice John Edwards stated that Doyle was one of four men who broke into the home of a vulnerable resident. The victim sustained serious injuries including a stab wound and scalp laceration during the incident. The court considered it a serious case warranting the increased custodial term. Doyle was required to enter into a bond of one hundred euro to keep the peace during the suspension period.
The High Court has provisionally fixed March 1st as the hearing date for proceedings brought by an unnamed man, who is allegedly involved with Islamic extremists, aimed at preventing his deportation from Ireland. The man, who cannot be identified for legal reasons, challenges a decision taken last March not to renew his residency permit. The State claims the man has consulted with senior violent extremist leaders outside Ireland and made travel arrangements for, and is involved in, recruiting members for Islamic extremist group Isil. He denies acting on behalf of Isil or representing a threat to national security. The man, who has lived in Ireland since 2000, secured residency based on the birth of his Irish citizen son, now aged 15. His permit was not renewed because his son has been living overseas. Authorities intend to deport him to a Middle East Country, where he fears torture due to his political activism. The matter was briefly mentioned before the High Court registrar, where the State sought an accelerated hearing. Michael Lynn SC, for the man, agreed to priority. The case is expected to take two days. It was agreed the State's opposition would be provided within three weeks. Previously, the man obtained a temporary injunction in December, which was set aside on December 28th after the State claimed he posed a national security risk. That decision was appealed to the Court of Appeal. Plans to deport him were put on hold following an intervention by the European Court of Human Rights, which asked the State not to deport him until his legal proceedings are concluded. The central issue is whether Article 3 of the European Convention on Human Rights imposes an absolute ban on removal. The State argues exceptions exist allowing deportation before the case is heard. As a result of the European Court's request, the man is expected to remain in Ireland until his proceedings are dealt with.
Aoife Maguire, aged 62, was convicted of conspiring to defraud the Revenue and delete bank accounts. She received an 18‑month sentence, which the Court of Appeal quashed in December 2015, replacing it with a nine‑month term and suspending the remainder, freeing her from prison. Maguire did not appeal her conviction. Her co‑accused, Bernard Daly (67) and Tiarnan O'Mahoney (56), who denied the allegations, appealed their convictions in the Court of Appeal. During the appeal hearing, the Director of Public Prosecutions argued that Maguire's acceptance of a fair trial was evidenced by her lack of appeal. The hearing focused on the prosecution's opening and closing speeches, the admissibility of evidence, and the judge's directions to the jury, with counsel for the co‑accused preparing submissions for the next day's hearing before three judges. The case remains at the appeal stage.
Judgement has been reserved in an appeal brought by the Motor Insurers Bureau of Ireland (MIBI) against a High Court finding that it is liable for outstanding claims following the 2014 collapse of Setanta Insurance. The MIBI, acting as appellant, argues it should not be required to pay out claims against persons insured with Setanta at the time of its liquidation and seeks to have Mr Justice John Hedigan's decision set aside. The Insurance Compensation Fund, represented by the Law Society as applicant, opposed the appeal, contending that MIBI agreements since the 1950s envisaged liability for member insolvency. The case, heard by Mr Justice Sean Ryan, Ms Justice Mary Finlay Geoghegan, and Mr Justice Gerard Hogan, concluded on Thursday after submissions. Mr Justice Ryan noted the court appreciated the urgency and would deliver its decision as soon as possible. The High Court had previously determined that the MIBI, rather than the Insurance Compensation Fund, was liable for approximately 1,750 remaining claims. The MIBI alleges the High Court decision creates significant difficulties, effectively making it a co-guarantor for rival firms without access to pre-insolvency information. The matter was initially brought by the Accountant of the Courts of Justice, who remains neutral, with the Law Society directed to act as claimant. The appeal concerns the allocation of liability for uninsured driver claims and has implications for motor insurance premiums.
In a 2016 Court of Appeal hearing, lawyers for Bernard Daly (67) and Tiarnan O'Mahoney (56) argued that their clients' convictions for conspiracy to defraud the Revenue and for deleting bank accounts were the result of an unfair trial. Daly, a former company secretary, and O'Mahoney, a former deputy head, had been found guilty by a jury at the Dublin Circuit Criminal Court and sentenced to two and three years' imprisonment respectively on 31 July 2015. Counsel Seán Guerin SC contended that the prosecution misrepresented evidence, altered the indictment on the morning of the trial, and that the trial judge made new, inaccurate statements that prejudiced the jury. He requested the Court of Appeal to restore the defendants' good character and overturn the convictions, citing the trial's procedural errors. The prosecution, represented by Dominic McGinn SC, maintained that the indictment was accurate and that no unfairness had occurred.
The Court of Appeal will rule "as soon as possible" on an appeal by a man alleged to be an ISIS recruiter, whose deportation from Ireland has been halted by the European Court of Human Rights. The man, who cannot be named for legal reasons, has argued that Article 3 of the European Convention on Human Rights bars his removal while his legal actions are unresolved. He fears torture if deported to a Middle Eastern country and has brought proceedings to prevent it. The State claims he is a threat to national security, describing him as the "foremost organiser and facilitator of travel by extremists" and the "main recruiter" for ISIS in Ireland. The High Court set aside a temporary injunction that had stopped his deportation, and the appeal was heard by Justices Peart, Sheehan and Alan. The Court of Appeal is expected to decide within weeks or months, but no exact date has been given.
The Court of Appeal was told that the State's case against former Anglo Irish Bank officials Tiarnan O'Mahoney (56) and Bernard Daly (67) was astonishingly weak. Both men had been convicted of conspiring to conceal or alter bank accounts and of furnishing false information to the Revenue Commissioners. Judge Patrick McCartan had jailed O'Mahoney for three years and Daly for two years on 31 July 2015. In December, the Court of Appeal quashed an 18‑month sentence for co‑accused Aoife Maguire, replacing it with a nine‑month sentence suspended in its entirety. Counsel for Daly, Seán Guerin SC, argued that the prosecution had misled the jury, failed to explain why Daly was guilty, and relied on a flawed investigation and erroneous judge's instructions. Counsel for O'Mahoney, Brendan Grehan SC, challenged the admissibility of Daly's unedited Garda interview, claiming it prejudiced O'Mahoney's right to a fair trial. Both appeals remain pending.
An appeal by the Motor Insurers Bureau of Ireland (MIBI) against a High Court ruling that it must pay out on outstanding claims following the collapse of Setanta Insurance Company in 2014 has opened before the Court of Appeal. The MIBI is appealing Mr Justice John Hedigan's finding that it was liable to pay out in respect of claims against persons who were insured with Setanta at the time of its liquidation. The case has important implications for motor insurance premia as well as parties involved in claims concerning Setanta. Following Setanta's liquidation, approximately 1,750 claims by and against Setanta policyholders remained in existence. The High Court was asked to determine whether the MIBI or the Insurance Compensation Fund were liable for the claims. Paul Gallagher SC for the MIBI said the case raised a very important issue concerning the liabilities arising from the insolvency of one of its members. Counsel argued that the High Court's interpretation of a sub-clause in the MIBI Agreement was 'too narrow' and that the judgment should be set aside. The appeal is opposed by the Law Society. The appeal before the President of the Court of Appeal, Mr Justice Sean Ryan, Ms Justice Mary Finlay Geoghegan, and Mr Justice Gerard Hogan continues.
Perry Wharrie, 56, an Englishman, is awaiting a new sentencing decision after a 30‑year prison term was overturned on appeal for his role in Ireland's largest drug seizure. The 2007 haul of €440 million in cocaine was recovered off Dunlough Bay when a rigid inflatable boat, carrying 1.5 tonnes of the drug, sank after its petrol engine was filled with diesel. Wharrie was found guilty of possession for sale or supply by a Cork Circuit Criminal Court jury and sentenced by Judge Seán Ó Donnabháin to 30 years imprisonment on 23 July 2008. Two accomplices received 30 and 25 years respectively, while a third who pleaded guilty was jailed for ten years. The Court of Criminal Appeal ruled that the original sentence was too severe, and a new, lower sentence will be imposed on 15 February. The case highlights the scale of the seizure and the legal process for reviewing sentencing in Ireland. Perry Wharrie pleaded not guilty.
Two former Anglo Irish Bank executives, Tiarnan O'Mahoney and Bernard Daly, are appealing convictions for conspiring to conceal or alter bank accounts sought by Revenue. O'Mahoney, aged 56, received a three‑year sentence; Daly received two years. The Court of Appeal was told that the trial judge's rulings were erroneous and that evidence presented was flawed, including cross‑examination of witness Brian Gillespie, an email from Ms. Aoife Maguire, evidence from James Shaw, and unedited interviews of Mr. Daly. The defence argued that these pieces of evidence unfairly altered the case from circumstantial to direct, prejudicing the accused. The appeal also highlighted that the investigation was outsourced to an internal fraud investigator and that the statutory time limit for charging the offences had not been met. The case remains before the Court of Appeal.
Aoife Maguire, 62, former assistant manager at Anglo Irish Bank, was jailed for 18 months after a jury found her guilty of conspiring to delete bank accounts from the bank's internal system and defraud the Revenue Commissioners in 2003 and 2004. She pleaded not guilty at the Dublin Circuit Criminal Court. On appeal, the Court of Appeal quashed the original sentence, substituted a new nine‑month term and suspended any unserved portion. The judge noted the seriousness of the offence, the fact it occurred in a publicly quoted company, and that Maguire had no prior convictions and a good character. She was required to enter a €100 bond for one year. The appeal focused solely on the sentence, not on the conviction itself. The decision was delivered by Mr Justice George Birmingham, with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon present. The court also considered testimonials about Maguire's conduct in prison and her voluntary contributions to society.