A 51‑year‑old man was jailed for sexually exploiting a 15‑year‑old special needs student. He had pleaded guilty to one count of sexual exploitation of a child at a known location on 23 December 2010. The original sentence was six years' imprisonment, with the final two years suspended. On appeal the Court of Appeal found the six‑year starting point "simply too high" and re‑sentenced him to four years' imprisonment, again with the final two years suspended. The judge noted that the victim had Asperger's syndrome and a special needs assistant, and that the offender had contacted her through an adult dating website in October 2010, grooming her via phone calls and text messages. They arranged to meet on 23 December 2010 during the victim's lunch break. The offender drove her to a roadside location, forced sexual contact, and later threatened her not to report the incident.
Bernard Daly, a former Anglo Irish Bank company secretary, was refused bail for the second time by the Court of Appeal pending his appeal against conviction. Daly, 67, pleaded not guilty to furnishing false information, conspiring to defraud the Revenue Commissioners, and conspiring to delete accounts from the bank's internal system. He was found guilty by a jury and sentenced to two years' imprisonment by Judge Patrick McCartan on July 31. His counsel argued the trial was unfair, specifically criticizing the trial judge's handling of an accomplice warning regarding evidence from former compliance head Brian Gillespie. Mr Justice George Birmingham, sitting with Justices Sheehan and Mahon, stated it was not possible to establish a strong chance of success at this stage, noting the issues would demand considerable attention at the hearing. The court set aside three days for Daly's appeal on January 13. Co-accused Tiarnan O'Mahoney, the former Chief Operations Officer, will also move to appeal his conviction on that date; he had denied furnishing false information and conspiring to delete accounts and defraud the Revenue. O'Mahoney did not seek bail. Aoife Maguire, a former assistant manager, has not sought bail but was granted a priority hearing date of December 23 for her appeal against sentence. Maguire had denied conspiring to delete accounts and defraud the Revenue. The matter remains adjourned pending these hearings.
David Gill, a 40‑year‑old GAA coach from Leopardstown, pleaded guilty in the Dublin Circuit Criminal Court to possessing €560,000 worth of cannabis for sale or supply at three Dublin locations on 22 August 2013. He was sentenced to seven years' imprisonment by Judge Martin Nolan on 29 July 2014. Gill's appeal to the Court of Appeal was dismissed on 9 November 2015. Justice Alan Mahon, sitting with Justices Garrett Sheehan and John Edwards, held that the seven‑year sentence was not excessive. During a Garda surveillance operation Gill was stopped in a white van on Kylemore Road where 8.5 kg of cannabis herb worth €171,000 was found; a follow‑up search of a lock‑up yielded 19.5 kg of cannabis resin worth €389,000, and €30,000 in cash was discovered hidden in a pool table at his home.
Timothy Fogarty, 55, of Gurtnaskeha, Tour, Co Tipperary, was found guilty of possession of an electric‑powered air rifle with intent to unlawfully intimidate Fiona Ryan, the female owner of a local pub, on 20 June 2011. He had pleaded not guilty. The jury sentenced him to four years' imprisonment, with the final 12 months suspended, on 27 June 2014. Fogarty appealed on the basis that the sentencing judge had placed the offence at the most serious end of the range. The Court of Appeal, led by Mr Justice Garrett Sheehan, agreed that the incident was momentary and that Fogarty's reduced cognitive functions warranted mitigation. The appeal was successful and the sentence was reduced to three years' imprisonment, with the final 12 months suspended for two years post‑release, on condition that he keep the peace, be of good behaviour and have no dealings with the injured party or her family.
Alan Wilson, 36, of New Street Gardens, Dublin, was sentenced to seven years' imprisonment for a meat‑cleaver attack on Dromheath Drive, Blanchardstown, on 3 June 2009. He and David Crowley, 38, had pleaded not guilty to trespass and assault. Wilson was also charged with murder, for which he was later acquitted. While awaiting trial for the murder, Wilson spent 12 months in custody. The Court of Appeal, on 12 April 2013, reduced Wilson's sentence by one year, citing the time he had already been deprived of liberty. Judge George Birmingham explained that Wilson's bail for the meat‑cleaver attack remained in force even though he was in custody on the murder charge. Wilson's counsel argued the original seven‑year term was excessive, noting his lack of prior prison experience and the absence of a victim impact report. Wilson did not react to the resentencing. The final sentence was six years' imprisonment.
Conan Murphy, 29, son of former Real IRA bomber Colm Murphy, had his 2012 conviction for possession of explosives at Aghaboys, Dundalk, quashed by the Court of Appeal. The Special Criminal Court had sentenced him to eight‑and‑a‑half years after finding him guilty on 22 May 2010. The appeal was based on the Supreme Court's declaration that a section of the Offences Against the State Act was unconstitutional, which the Special Criminal Court had not allowed to be considered. The Court of Appeal ordered a retrial and remanded both Murphy and co‑accused Philip McKevitt, 62, back to the Special Criminal Court. The appeal highlighted that the legal landscape had changed fundamentally and that the case required a new trial to address the altered circumstances. The decision was made on 6 November 2015.
Two Dublin men, David Crowley (38) and Alan Wilson (36), were convicted of trespassing and assault causing harm after breaking into a home in Blanchardstown on 3 June 2009 and attacking the victim with a meat cleaver. Crowley was also charged with unlawful possession of a firearm. A jury found them guilty at the Dublin Circuit Criminal Court, and Judge Desmond Hogan sentenced Crowley to eight years' imprisonment and Wilson to seven years' imprisonment on 12 April 2013. Both men appealed their convictions. The Court of Appeal, led by Mr Justice George Birmingham, dismissed the appeals. Birmingham rejected arguments that a jury member's request for a lighter and the admission of evidence that Wilson was wearing a bulletproof vest were improper, and upheld the trial judge's handling of witness statements and the evidence that the cleaver was brought to the house. Wilson's sentence appeal will be considered separately. David Crowley pleaded not guilty. Alan Wilson pleaded not guilty.
Criostóir MacCárthaigh, 38, of An Gleann, Palmerstown, had been convicted of murdering David Whyte, 35, in Dublin between 24 and 26 September 2008. The murder involved more than 100 stab wounds in the ruins of an old church. A jury at the Central Criminal Court found him guilty and he received a mandatory life sentence on 19 February 2013. MacCárthaigh appealed, arguing that the trial judge erred by allowing certain evidence before the jury. He claimed his answers to Garda questions about his DNA on the victim's trousers and his presence at Mill Lane were not failures or refusals. The appeal was dismissed by a three‑judge court, which held that his answers were deliberate evasions and that the judge's directions and the admissibility of witness statements were correct. The court noted that the prosecution's witness had been robustly questioned on prior convictions, and MacCárthaigh could not challenge the admissibility of those convictions. The appeal was therefore dismissed. Criostóir MacCárthaigh pleaded not guilty.
Bernard Daly, a former Anglo Irish Bank company secretary, must await a Court of Appeal decision on his bail application pending his appeal against a two-year prison sentence. Daly, who pleaded not guilty to furnishing false information, conspiring to defraud the Revenue Commissioners, and conspiring to delete bank accounts, was found guilty by a jury and sentenced by Judge Patrick McCartan on July 31. His counsel argued the trial was unfair, specifically citing deficiencies in the accomplice warning regarding a former compliance head. The prosecution contended the case did not rely solely on that witness and requested bail be refused. The court, comprising Justices Birmingham, Sheehan, and Mahon, adjourned the decision to next week. Co-accused Tiarnan O'Mahoney, the former Chief Operations Officer, had previously pleaded not guilty to similar charges including conspiring to defraud the Revenue. He adjourned his bail bid until transcripts were available and did not seek bail today. Aoife Maguire, a former assistant manager, who denied conspiring to delete accounts and defraud the Revenue, has not sought bail. She was granted a priority hearing date of December 23 for her appeal against sentence. The matter remains at the appeal stage with bail decisions pending or adjourned.
Jerry Sheahan, aged 40, was convicted in 2011 of having sexual intercourse with three under‑age girls aged 15 to 17, whom he contacted online by posing as a teenage boy. He received three consecutive two‑year sentences, totalling six years, on 15 November 2011. On appeal, the Court of Appeal reduced the sentence to three years imprisonment on each count, to run concurrently. The court noted that Sheahan had used a teenage boy's photo on the under‑18 section of tagged.com, met the girls in isolated locations, and had a car to transport them. He had told two girls he was in his thirties before meeting them. The appeal judge cited Sheahan's guilty plea, cooperation, lack of prior convictions and a forensic psychological assessment indicating low risk of re‑offending as reasons for the reduced sentence. The girls did not file complaints, and one was observed dropping off a girl to her mother.
The Court of Appeal has dismissed the appeal against conviction by Patrick Scanlon, a 55-year-old restaurateur from West Limerick with an address on the Channel Island of Jersey. Scanlon had pleaded not guilty at Limerick Circuit Criminal Court to the possession and importation of cannabis worth €79,000 from Spain to a house in Pallaskenry, Co Limerick, on August 8, 2013. He was found guilty by a jury following a three-week trial and sentenced to 15 years imprisonment by Mr Justice Caroll Moran on May 21, 2014. The centrepiece of his appeal, submitted by barrister Michael O'Higgins SC, was that his arrest was allegedly tainted by a period of illegal detention immediately before his arrest. O'Higgins argued that Scanlon was searched twice for drugs—once at the roadside and then at a garda station—and that no new reasonable cause had been formed for the second search. However, Mr Justice Garrett Sheehan, speaking for the three-judge court which included Mr Justice Alan Mahon and Mr Justice John Edwards, stated that it was not unusual for a person to be detained on the roadside and brought to a station for a further search. The court described the action as a continuous single search, noting that it did not matter that the process was described as a first or second search or carried out by two different gardaí. Consequently, the appeal was dismissed. Scanlon will appeal his sentence at a later date.
Dean O'Reilly, a 43‑year‑old former newspaper delivery man from Castlemoyne, Balgriffin, was sentenced to 18 months' imprisonment in June 2015 for failing to remit VAT to the Revenue from January 2008 to December 2011. He pleaded guilty at Dublin Circuit Criminal Court. On appeal, the Court of Appeal reduced his custodial term to 12 months, with the final four months suspended. O'Reilly owed €59,226 in VAT, which rose to €246,195 in penalties and interest. The Revenue also secured a mortgage judgment over his home, which he bought with his wife for €410,000, and owed €600,000 to Start Mortgages. He entered a €100 bond to keep the peace and maintain good behaviour during custody and for three years after release. The appeal was brought by his barrister, Pauline Walley SC. The case was heard by a three‑judge panel, including Mr Justice George Birmingham.
Bernard Daly, 67, former company secretary of Anglo Irish Bank, was found guilty of furnishing false information, conspiring to defraud the Revenue Commissioners and conspiring to delete bank accounts from the bank's internal system. He was sentenced to two years' imprisonment on 31 July 2015. Daly's lawyers argued that his trial was unfair and that the availability of the trial transcript had strengthened his case for bail. The Court of Appeal, hearing the renewed bail application, noted that the transcript had not yet been considered and that the threshold for bail had not been met. The judges scheduled a fresh bail hearing for 3 November. Daly's co‑accused, Tiarnan O'Mahoney, also applied for bail but postponed his application until the transcript was available. Aoife Maguire, a former assistant manager, was given a priority hearing for her appeal on 23 December. The article reports only the procedural developments and the charges as stated. Bernard Daly pleaded not guilty.
A man was jailed for using his 13‑year‑old daughter to produce child pornography between May and April 2010. He pleaded guilty to 19 offences of sexual assault, producing child pornography and allowing a child to be used in child pornography. The Dublin Circuit Criminal Court sentenced him to 11 years, with the final two suspended. On appeal, the Court of Appeal reduced the sentence to nine years, again suspending the final two years. The case was brought to court after the man's wife discovered pornographic photographs of their daughter on a digital camera and alerted the Gardaí. Gardaí found 1,150 images and 74 videos, including the man simulating sexual intercourse with the victim. The judge noted the man did not see anything wrong with his actions, describing them as "simply a bit of fun".
Two men, aged 22 and 24, were convicted of attempted rape, sexual assault and oral rape after a jury found them guilty in a 2012 trial for an alleged predatory gang rape in Cork. The men denied the charges. They were sentenced to ten years' imprisonment each in January 2013. Their appeals against conviction were dismissed in July, but they successfully appealed their sentences. The Court of Appeal reduced each sentence to ten years with the final 12 months suspended, citing rehabilitation considerations. The men were 16 and 18 at the time of the offence, and the victim was 31. The case involved a van with a mattress and four males present. The men were required to enter €100 bonds for good behaviour during custody and for three years after release. The article does not state any further legal developments.
Christiane Moringa Fortis, 28, of São Paulo, pleaded guilty in Dublin Circuit Criminal Court to importing €64,000 worth of cocaine at Dublin Airport on 14 May 2014. She was originally sentenced to four years' imprisonment on 16 December 2014. On appeal, the Court of Appeal found the sentencing judge had erred in his approach. The three‑judge panel, led by Mr Justice Garrett Sheehan, imposed a new sentence of four years' imprisonment with the final 18 months suspended. Fortis had admitted possession of the drug, revealing 10 pellets in her vagina and additional pellets in her bra, underwear and sanitary towels. She claimed she was motivated by a need for money to pay legal fees to regain custody of her seven‑year‑old child in Brazil. She had no prior convictions and expressed remorse. The appeal concluded that she must serve a sentence to act as a deterrent, but the suspended portion was applied.
The Director of Public Prosecutions has appealed a sentence imposed on a man convicted of dangerous driving that resulted in eight deaths near Buncrana, County Donegal. Shaun Kelly, aged 26, of Hill Road, Ballymagan, Buncrana, pleaded guilty at Letterkenny Circuit Criminal Court to causing eight deaths through dangerous driving on a road between Clonmany and Buncrana on 11 July 2010. The trial judge imposed a four-year sentence with the final two years suspended and imposed a ten-year driving disqualification. The DPP argued before the Court of Appeal that the sentence was unduly lenient, contending it failed to reflect the gravity of Kelly's culpability and the severity of the harm caused. The prosecution submitted there was evidence of prolonged deliberate dangerous driving, that multiple fatalities were foreseeable, and that Kelly had a previous dangerous-driving conviction. Kelly's counsel argued the sentencing judge properly considered all aggravating and mitigating factors. The Court of Appeal reserved judgement.
The High Court has quashed a decision by the Minister for Justice to exclude a convicted rapist from the State for five years. The unnamed man, who is a foreign national, was convicted of rape at the Central Criminal Court in 2009 and sentenced to six years imprisonment. He was released from prison just over two years ago and has since lived in the West of Ireland with his young family. The Minister had approved removal and exclusion orders in October 2013, following a review that upheld the initial decision. However, Mr Justice Paul McDermott ruled that the decision was fundamentally flawed because officials involved in the original application also participated in the appeal review. This lack of independence breached the man's rights to fair procedures and created a reasonable apprehension of bias. Consequently, the court set aside the Minister's decision. The judge noted that while the Minister did not make legal errors in assessing the threat to the public or considering the rights of the man's Irish-born child, the procedural defect required the order to be quashed. The man had argued that the decision interfered with his right to private life under the European Convention on Human Rights and failed to adequately consider his social and family bonds in Ireland. The State had opposed the application, arguing its decisions were lawful, but the court prioritized the breach of fair procedure in its ruling.
A 53‑year‑old Dublin man, whose name is withheld for legal reasons, was bailed to challenge a conviction for having sex with his mentally impaired cousin. He pleaded not guilty at the Dublin Circuit Criminal Court to eight counts of unlawful sexual intercourse with the cousin between 1998 and 2003. A jury found him guilty and Judge Patricia Ryan sentenced him to five years' imprisonment on each count, to run concurrently, on 8 February 2013. On 20 October 2015 the Court of Appeal, sitting with Justices Birmingham, Mahon and Edwards, dismissed his appeal and upheld the conviction. The court will give reasons next month. The man's barrister, Patrick Gageby SC, had requested time until Friday to arrange his affairs; he was admitted to bail in July 2013 and will present himself at a Garda station on Friday to be taken into custody. His appeal against sentence will be heard later.
A 'Devout Muslim' who attempted to murder his wife by bludgeoning her in the head with a kettle-bell has had his jail term reduced on appeal. Lounes Ouachek (45), of St Dominic's Terrace, Tallaght, Dublin 24, had pleaded guilty at the Central Criminal Court to the attempted murder of Ruta Ouachek (35) at that address on August 23 2012. He was initially sentenced to 15 years imprisonment with the final three suspended by Mr Justice Paul Carney on July 21 2014. The Court of Appeal found that the sentencing judge erred in failing to take account of any other potential mitigating factors in Ouachek's favour and, accordingly, imposed a new sentence on him of 15 years imprisonment with the final four suspended. Mr Justice Edwards, who sat with Mr Justice George Birmingham and Mr Justice Alan Mahon, quashed the existing sentence and imposed the new sentence. Ouachek was required to enter into his own bond of €1,000 to keep the peace and be of good behaviour while in custody and for a period of four years post release. He was also required to comply with all directions of the probation service and to have no contact with the victim in perpetuity. The matter was adjourned.
In 2013, Sean Casey, aged 27, drove a BMW four times over the legal limit and crashed into a roundabout in Skibbereen, killing 22‑year‑old Megan Johnston and leaving 24‑year‑old Kate Petford paralysed. Casey pleaded guilty to dangerous driving causing death and serious bodily harm. He was sentenced in February 2014 to seven years' imprisonment and a 30‑year driving disqualification. He appealed, and the Court of Appeal found the sentence "out of line with other decided cases", ordering a new sentencing hearing. On 19 October 2015 the Court of Appeal adjourned the sentencing to 17 November, citing a letter from Petford's parents describing changes in her condition and requesting the court consider these circumstances. The court noted the DPP's submission that Casey had been 4.1 times over the limit and had travelled at 80 km/h into the roundabout, and that the vehicle was heavily intoxicated. No further sentencing decision was made in the article.
Gerard Mounsey, 47, of Knockshegowna, Ballingarry, Nenagh, Tipperary, was found guilty in 2014 of eight counts of knowingly or wilfully filing incorrect income tax returns for the years 2003 to 2009. He was acquitted on one count and convicted on seven, receiving a suspended 18‑month prison sentence and a €10,000 fine. Mounsey appealed, and on 19 October 2015 the Court of Appeal quashed his conviction. The appeal court held that the conviction could not stand, citing that the tax liability for the relevant years had not been finally determined at the time of trial. The court also noted that the evidence of tax assessments was presented as opinion evidence, and that the defence had been inadequately engaged with the issue. The judgment was delivered by Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon. Gerard Mounsey pleaded not guilty.
A former court clerk has lost his appeal against conviction for threatening to kill a man in Buncrana, County Donegal. Ciaran Waldron, aged 59, of Riverview, Buncrana, was convicted in 2011 at Letterkenny Circuit Criminal Court of making a threat to kill following an incident on 7 August 2006. Waldron had discovered his estranged wife in a car with another man and was acquitted of reckless endangerment but found guilty of the threat offence by jury. He was fined €1,000. At the Court of Appeal, Waldron challenged his conviction on two grounds, including an alleged error in the trial judge's direction to the jury regarding the threat charge. The court, presided over by Mr Justice George Birmingham alongside two fellow judges, dismissed the appeal. Mr Justice Birmingham found the defence counsel had expressed satisfaction with the direction at trial and could not now raise it as grounds for appeal. The Director of Public Prosecutions withdrew an application for sentence review following queries from the bench. The unnamed man pleaded not guilty.
Darren Murphy, 38, of Passage West, Cork, was sentenced to life imprisonment in 2014 for the murder of Olivia Dunlea, a mother of three, at her Pembroke Crescent home on 17 February 2013. He admitted unlawfully killing her and setting her house on fire, claiming he did not want the children to find her. Murphy pleaded not guilty to the murder charge but guilty to the arson charge. The Central Criminal Court jury, after four hours of deliberation, found him guilty of murder and the judge imposed the mandatory life sentence. He has now filed an appeal on four grounds, including alleged misdirection by the trial judge regarding the defence of provocation. The Court of Appeal will reserve judgment and deliver a decision as soon as possible. The appeal concerns only the conviction, not the sentence. The case remains at the appeal stage.
Lee McDonnell (24), the appellant, appeared before the Dublin Circuit Criminal Court during an appeal regarding his sentence for escaping from lawful custody on Tyrconnell Road, Inchicore on December 17, 2015. McDonnell admitted to the charge and pleaded guilty. The court heard that he had previously been serving a nine-year sentence for aggravated burglary, during which he broke into a house, assaulted a man with a replica gun, stole a car, and later robbed a petrol station using the stolen vehicle. His sentence was extended by two years earlier this year, pushing his release date to September 2021. During the appeal, Judge Martin Nolan imposed an additional ten-month sentence, extending his release date to 2022. The judge stated that the sentence must be consecutive to his current term and that there is no maximum sentence for escaping custody. McDonnell was not affected by any remission for good behaviour but was deprived of leisure activities, visits, and the right to wear his own clothes for 56 days. The matter was adjourned following the proceedings.
UK national Daniel Rains has lost his appeal against a two-and-a-half-year prison sentence for assaults committed at Club Lapello in Dublin. Rains, a 31-year-old electrician from Manchester, had previously pleaded guilty at Dublin Circuit Criminal Court to assaulting a 21-year-old Mauritian national causing him harm, assault causing harm to another customer, and common assault on two security men on January 26, 2014. Judge Martin Nolan originally sentenced him to two-and-a-half years imprisonment on February 20, 2015. In dismissing the appeal, Mr Justice Garrett Sheehan, sitting with Mr Justice John Edwards and Mr Justice Alan Mahon, stated the sentence was not excessive. The court noted the victim suffered a fractured cheekbone requiring permanent plates and a scar. Although Rains apologized and cited intoxication, the Court of Appeal upheld the trial judge's decision to place the offence on the higher end of the scale and to refuse suspension of any part of the sentence. The court also affirmed the trial judge's refusal to order compensation, as the victim had rejected the offer. Counsel for Rains argued the nightclub breached its duty of care by continuing to serve him alcohol, but the prosecution countered that Rains voluntarily consumed the drinks. The appeal was dismissed, leaving the original custodial sentence intact.
Stephen Freeman, 28, of Ballymun, pleaded guilty to attempted robbery at the Bank of Ireland in Kilkenny on 3 November 2009. He was sentenced to 10 years' imprisonment, with the final two years suspended, by Judge Desmond Hogan on 28 July 2015. Freeman's appeal against the sentence was dismissed by Mr Justice Garrett Sheehan on 15 October 2015. Sheehan described the robbery as "difficult to contemplate a more egregious form of attempted robbery" and noted that Freeman was not involved in planning the crime or attending the victim's house. Freeman's role was to move money between locations in Kilkenny. The judge applied proportionality and considered mitigating factors, including Freeman's gambling addiction, before dismissing the appeal. The decision was made by a panel including Judges John Edwards and Alan Mahon. The sentence was upheld as not excessive.
Stephen Reddington, 32, of Wheatfield Avenue, Clondalkin, Dublin, pleaded guilty in the Dublin Circuit Criminal Court to possession of heroin for sale or supply after a search of his garden shed on 21 November 2011 revealed over €1.2 million worth of drugs in cylindrical containers and mixing agents. Gardaí had initially found no drugs in the house but were directed to the shed, where fingerprints were found on some items. Reddington had 28 prior convictions and had worked as a painter and decorator. The case was first dismissed in 2013 by Judge Mary Ellen Ring because the search warrant was not lawfully granted, but the Court of Appeal reinstated it. Judge Melanie Greally accepted the seizure as high‑value, noted Reddington's history of cocaine abuse but not severe addiction, and imposed an eight‑year sentence with the final three years suspended. She also acknowledged his efforts to address personal issues and his willingness to move on.
Eamonn McCall, a 42‑year‑old former US Marine from Carlow, was convicted at the Central Criminal Court of indecent assault and attempted rape of his niece between 1990 and 1993. The original 12‑year sentence, with two years suspended, was reduced on appeal to 10 years, with the suspension unchanged. His concurrent 10‑year sentence for indecent assault was also reduced to eight years. The Court of Appeal, citing a prison governor's report and McCall's willingness to participate in a sex offenders programme, maintained post‑release supervision arrangements. The case involved four offences: oral rape, digital penetration, forced masturbation and attempted vaginal rape, with the victim aged between seven and eleven at the time of the acts. The appeal decision was delivered by Mr Justice George Birmingham, joined by Mr Justice Garrett Sheehan and Mr Justice John Edwards. The reduction was made without altering the suspended portion or the effective custodial term. Eamonn McCall pleaded guilty.
A 35-year-old man from Roscommon has had his prison sentence reduced on appeal following his conviction for sexual offences against a child. He had pleaded guilty at Roscommon Circuit Criminal Court to six counts of defilement of a child and one count of sexual assault occurring over five months in 2011. The original sentence of nine years, with the final three suspended, was imposed in June 2014. The Court of Appeal found an error in how the sentencing judge had structured the penalty and imposed a new net sentence of five years imprisonment, with the final twelve months suspended. Mr Justice John Edwards, delivering judgment, outlined how the offences began when the man, then in his early thirties, became friendly with the girl through family connections. The abuse escalated over time and only ended when the girl's mother discovered text messages and reported the matter to gardaí. The court accepted evidence of remorse and low reoffending risk.
Patrick Bassett, 80, of Glanmire, Cork, was jailed for 4 years after pleading guilty to 22 counts of indecent assault on a 10‑year‑old boy and one count against the boy's brother in the late 1970s and early 1980s. The Court of Appeal, hearing on 13 October 2015, suspended the final 12 months of his sentence, citing his early guilty plea and the fact that the abuse was systematic, involving daily acts of masturbation, oral sex and an attempted buggery. The judge noted the victims' vulnerability, their lack of a father figure, and that Bassett had inserted himself as a surrogate. The suspended period is to be followed by 12 months of post‑release supervision, a €100 bond, and probation service oversight. Bassett denied remorse and had been assaulted in prison by a younger inmate. The decision was made by Justices Birmingham, Sheehan and Edwards.
Jonathan Douglas, aged 30, was convicted of murder after shooting Aidan Bryne 10 times in Dublin in 2010 and received a mandatory life sentence. He pleaded not guilty at the Central Criminal Court, but a jury found him guilty after an 11‑day trial. The prosecution argued Douglas had been hired to kill Bryne, who was a front‑seat passenger in a Toyota Corolla driven by another man. Douglas allegedly waited for the car, then fired 10 bullets into the passenger window, killing Bryne. The court heard that Bryne died from multiple gunshot wounds, with eight bullets exiting his body and two remaining inside. Douglas has now filed an appeal, challenging the trial judge's handling of witness statements from his step‑niece and her boyfriend, who had initially implicated him but later recanted. The appeal was opened in the Court of Appeal, where the judge will consider whether the judge's treatment of the statements was correct. The case remains pending.
Kevin Coughlan, aged 33, was sentenced to eleven years' imprisonment with three years suspended for manslaughter after a murder conviction was quashed. The case involved the death of Francis Greene, who was forced by Coughlan to the River Shannon on 28–29 November 2009. A jury had found Coughlan guilty of murder in 2011, but the Court of Appeal overturned the conviction in June 2015, citing unsatisfactory evidence from the Deputy State Pathologist, Dr Khalid Jaber, who had not disclosed that Greene had been strangled before drowning. The appeal substituted a manslaughter verdict. Mr Justice Patrick McCarthy imposed the sentence, crediting Coughlan for a guilty plea and for time already served, and noted his prior criminal record of robbery and burglary. The sentence will run from 10 June 2010, with the suspended portion effective after the term ends. Kevin Coughlan pleaded not guilty.
A 78‑year‑old Dublin man was jailed for life after being convicted in August 2010 of 87 counts of raping his two daughters, aged between five and 11, and sexually assaulting his son, aged between three and six, between 1997 and 2002. He denied the charges. A seven‑week trial led a Central Criminal Court jury to find him guilty, and Mr Justice George Birmingham sentenced him to life imprisonment on 4 October 2010 for the rape of his daughters, with additional determinate sentences for other offences. The man, now too ill to attend, has moved to appeal his conviction on 12 discrete grounds. His lawyers argue the trial judge erred on several procedural matters, including jury instructions, evidence handling and the use of video testimony. The Court of Appeal will decide on 29 October.
Tiarnan O'Mahoney, aged 56 and former Chief Operations Officer of Anglo Irish Bank, was convicted of conspiring to conceal bank accounts from the Revenue Commissioners, furnishing false information to the Revenue, and defrauding the Revenue. After a two‑month trial and nearly seven hours of deliberation, a jury found him guilty and Judge Patrick McCartan sentenced him to three years' imprisonment on 31 July 2015. O'Mahoney intends to appeal the conviction on 11 January and had sought bail pending that appeal. His lawyers requested the Court of Appeal to postpone the bail application until the trial transcripts are available, arguing that the necessary evidence to assess the bail threshold would be clearer once the transcripts are reviewed. The Court of Appeal agreed to adjourn the bail application, allowing O'Mahoney's counsel to reapply once the transcripts are ready. The co‑accused, Bernard Daly, was denied bail but may reapply when transcripts are available.
Aoife Maguire, a former Anglo Irish Bank official, was granted a priority hearing date for her appeal against sentence in the Court of Appeal. Maguire, 62, of Kilmainham, Dublin, had previously pleaded not guilty at Dublin Circuit Criminal Court to charges of conspiring to delete bank accounts connected to Mr Seán Fitzpatrick from the bank's internal system and conspiring to defraud the Revenue Commissioners in 2003 and 2004. Following a two-month trial, a jury found her guilty, and Judge Patrick McCartan sentenced her to 18 months imprisonment on July 31, 2015. Maguire is specifically appealing against the severity of this sentence, not her conviction. During case management procedures before Mr Justice George Birmingham, her solicitor Michael Hanahoe requested the appeal be heard on the final day of the current legal term. The judge listed the appeal for Monday, December 21. Additionally, Mr Justice Birmingham extended legal aid to Maguire for two barristers for the appeal. Her co-accused, Tiarnan O'Mahoney and Bernard Daly, are also appellants in the matter, though the report notes Maguire is not appealing her conviction unlike some co-accused. The matter is currently at the appeal stage, with the hearing scheduled for the specified date.
Brendan Mangan, 43, of Wellington Walk, Mornington Park, Co Meath, pleaded guilty in Dublin Circuit Criminal Court to possession of €2.3 million worth of cannabis for sale or supply at two locations in Dublin on 27 March 2014. Judge Martin Nolan sentenced him to six‑and‑a‑half years' imprisonment on 23 April 2015. Mangan, described as "gullible and easily led", had been intercepted by Gardaí in a car on the date in question, where half‑a‑million‑euro worth of cannabis was found. A subsequent search of his rented dwelling on Tonlegee Road, Coolock, seized €1.8 million worth of the drug. On appeal, Judge George Birmingham, sitting with Justices Garrett Sheehan and Alan Mahon, suspended the final 15 months of the sentence. Mangan must post a €100 bond and remain of good behaviour for the suspended period.
Darren Byrne, 34, of Harelawn Avenue, Clondalkin, was convicted of assaulting a man at The Village Inn, Clondalkin, on 23 June 2012. He pleaded guilty at Dublin Circuit Criminal Court and was sentenced to three years' imprisonment by Judge Martin Nolan on 24 February 2015. Byrne's appeal against the severity of the sentence was dismissed by Mr Justice Garrett Sheehan on 8 October 2015. Sheehan noted that CCTV showed the victim speaking to Byrne before Byrne punched him, and that the victim was later grabbed by the neck and had part of his ear severed. The victim suffered ongoing anxiety, depression and career impacts. Byrne had no prior violent convictions, had been on medication for depression, and had a history of heroin use and mouth cancer. The Court of Appeal found no error in the sentencing decision and upheld the three‑year term.
Bernard Daly, the former Anglo Irish Bank company secretary, was refused bail pending his appeal against a conspiracy conviction. Daly, 67, of Dublin, had pleaded not guilty to furnishing false information, conspiring to defraud the Revenue Commissioners, and conspiring to delete accounts from the bank's internal system. He was found guilty by a jury and sentenced to two years imprisonment by Judge Patrick McCartan on July 31. His lawyers argued the trial was unfair, specifically citing an inadequate accomplice warning regarding evidence from the bank's head of compliance, Mr Gillespie. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice Alan Mahon, ruled that the threshold for bail had not been met. However, the court noted that the substance of the accomplice warning argument could only be fully assessed once the trial transcript is available and did not rule out a fresh bail application at that time. The appeal hearing was fixed for January 11. Daly is currently detained in Mountjoy Prison. His co-accused, Tiarnan O'Mahoney, the bank's former Chief Operations Manager, who was jailed for three years in July, will seek bail later this week pending his own appeal.
The Court of Appeal has heard submissions in the appeal by Eleanor Joel and Jonathan Costen, who were convicted of the unlawful killing of Evelyn Joel by neglect in Wexford in January 2006. The pair, who pleaded not guilty, were found guilty by a jury at Wexford Circuit Criminal Court following a retrial. In March 2013, Judge Seán O'Donnabháin sentenced them to a two-year suspended sentence, conditional on the completion of 230 hours of community service. Counsel for the appellants argued that the jury should have been permitted to consider the alleged culpability of the HSE, which they contend bore a professional duty of care for the immobile MS sufferer. They further submitted that the trial judge erred in refusing to transfer the retrial out of Wexford due to prejudicial local reporting and in misstating Costen's lack of a duty of care. The DPP's counsel countered that a duty of care arose for Costen and that the refusal to transfer the venue was not appealable. The Court of Appeal, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice Alan Mahon, reserved its judgment, stating it would deliver a decision as soon as possible.
In 2013, a jury at Wexford Circuit Criminal Court found 41‑year‑old Eleanor Joel and her 43‑year‑old partner Jonathan Costen guilty of unlawfully killing 59‑year‑old Evelyn Joel by neglect. The conviction followed a retrial after an earlier trial in 2006. Judge Seán O'Donnabháin imposed a two‑year suspended sentence, conditional on 230 hours of community service. The couple now appeal on grounds that the HSE, the true cause of death, the judge's refusal to transfer the case out of Wexford, the replacement of a juror without defence counsel, and Costen's alleged duty of care were mishandled. Counsel for Eleanor, Rosario Boyle SC, argued that the pair had legal responsibility for Evelyn's care while she stayed at Eleanor's home, and that the jury was told not to consider HSE negligence. Jonathan Costen pleaded not guilty.
The Court of Appeal overturned the High Court's findings that Daniel McDonnell's solitary confinement for a year breached his constitutional rights. The High Court had ruled that McDonnell, serving a life sentence for the murder of 16‑year‑old Melanie McCarthy McNamara, was being held in a 22‑to‑23‑hour lock‑up regime that violated his bodily and psychological integrity. The Court of Appeal held that the prison authorities were entitled to impose temporary restrictive conditions for the safety of prisoners, and that McDonnell's detention was justified for his own protection. The Appeal Court found the High Court's orders on how McDonnell was to be treated were overly intrusive and could not be upheld. The case was adjourned to October for final matters, including costs.
Niall Fitzpatrick, 48, from Corrin Close, the Glen, Cork, faces a retrial after successfully appealing his conviction for attempted aggravated burglary and the possession of a pump action shotgun and ammunition at the home of Patrick Glavin in Glanmire on August 11, 2013. Fitzpatrick had pleaded not guilty at Cork Circuit Criminal Court. Following a three-week trial, a jury found him guilty, and Judge David Riordan sentenced him to 14 years imprisonment on November 13, 2014. On appeal, counsel Brendan Nix SC argued that the trial was compromised by the judge's failure to properly discharge a juror who sought to be excused. Nix SC stated that the Court Registrar entered the jury room to resolve the matter privately, a process that deprived both parties of input. The appellate court, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice Garrett Sheehan, agreed that this procedure was unsatisfactory. Mr Justice Birmingham noted that Fitzpatrick may have been left with an understandable sense of grievance due to the lack of public administration of justice in that instance. Consequently, the court quashed the conviction and ordered a retrial. Fitzpatrick was remanded in custody to appear before Cork Circuit Criminal Court on October 28.
Fred Forsey Jnr, a former Fine Gael town councillor aged 45, has lodged an appeal against his conviction for receiving three corrupt payments totalling €80,000 from a property developer in 2006. The Waterford Circuit Criminal Court found him guilty and sentenced him to six years' imprisonment, with the final two years suspended by Judge Gerard Griffin on 27 June 2012. Forsey's counsel, Remy Farrell SC, argues that the trial judge misdirected the jury regarding the presumption of corruption, incorrectly instructing them that Forsey had to discharge the reverse burden on the balance of probabilities. Farrell also contends that the judge erred in allowing the case to proceed given Forsey's incapacity to grant planning permission as a councillor. The Director of Public Prosecutions, Denis Vaughan Buckley SC, maintains that the burden of proof remained on the defence and that the evidence against Forsey was overwhelming. The Court of Appeal, presided over by Mr Justice Seán Ryan, has reserved judgment. Fred Forsey Jnr pleaded not guilty.
Christopher Wiggins, a British citizen residing in Spain, has lost his appeal against a conviction for possession of cocaine for sale or supply. Wiggins pleaded guilty at Cork Circuit Criminal Court in November 2008 after 1.9 tonnes of cocaine, valued at over €400 million, were discovered on the vessel 'Dances With Waves' 250km off the Irish coast. He was sentenced to 10 years imprisonment by Mr Justice Carroll Moran on May 8, 2009. In May, Wiggins, representing himself, moved to appeal his conviction. The Court of Appeal, presided over by Mr Justice Seán Ryan alongside Mr Justice Gerard Hogan and Mr Justice Alan Mahon, dismissed the appeal. The court held that Wiggins could not reopen his guilty plea, which he entered with full legal advice and in exchange for a reduced sentence. Mr Justice Ryan noted that Wiggins had not demonstrated that his plea was invalidated by erroneous advice, failing to surmount the high threshold required. The judge acknowledged the case's complexity, including potential legal issues regarding the vessel's boarding, but ruled that Wiggins had waived the possibility of acquittal by pleading guilty. Co-accused Philip Doo, a British citizen from Devon, withdrew his appeal before proceedings commenced. The matter was concluded with the dismissal of Wiggins' appeal.
Sean Casey, 27, pleaded guilty to dangerous driving that killed 22‑year‑old Megan Johnston and seriously injured 24‑year‑old Kate Petford, leaving her paralysed. He was sentenced by Judge Seán Ó Donnabháin at Cork Circuit Criminal Court to seven years' imprisonment and a 30‑year driving disqualification on 17 February 2014. The Court of Appeal, hearing the appeal on 31 July 2015, found the sentence "out of line" with other dangerous‑driving cases. Judge Garrett Sheehan noted that in eight comparable cases the Court of Appeal had imposed sentences below five years, and that the judge had erred by placing Casey's case at the absolute apex of the dangerous‑driving scale. The appeal was remitted for a new sentence, with the Court of Appeal not adopting the Director of Public Prosecutions' request for guidelines in this case.
Warren Bowen, a 48‑year‑old South African man living in The Palms, Kinvara, was found guilty of possessing €37,100 worth of cannabis for sale or supply at his home on 19 October 2011. He pleaded guilty at Galway Circuit Criminal Court and was originally given a wholly suspended four‑year sentence on 27 February 2014 by Judge Rory MacCabe. The Director of Public Prosecutions appealed, arguing the sentence was "unduly lenient". The Court of Appeal, hearing the case on 30 July 2015, imposed a new two‑year sentence but suspended it in full. Judge John Edwards cited Bowen's continued good behaviour, the stressful waiting period for the appeal decision, and the re‑establishment of his relationship with his 13‑year‑old daughter as reasons for the suspension. Bowen was required to enter a €100 bond to keep the peace during the suspended period and confirmed he would comply.
Criostóir MacCárthaigh, 38, of An Gleann, Palmerstown, has lodged an appeal against his murder conviction for the killing of David Whyte, 35, in Dublin between 24 and 26 September 2008. The victim was stabbed more than 100 times in the ruins of an old church. A jury at the Central Criminal Court found MacCárthaigh guilty and he received a mandatory life sentence on 19 February 2013. In the appeal, MacCárthaigh's counsel, Diarmaid McGuinness SC, argues that the trial judge erred by allowing certain evidence before the jury, including a witness's assumption about an "invisible knife" and evidence of a prior Special Criminal Court conviction for possession of explosives. He also contends that MacCárthaigh's answer to a Garda question about DNA on the victim's trousers should not have been treated as a refusal. The Director of Public Prosecutions' counsel, Paul Burns SC, maintains that whether the answer was a refusal is a fact for the jury to decide. Criostóir MacCárthaigh pleaded not guilty.
The Court of Appeal has referred Brian Rattigan's appeal against his murder conviction to the Supreme Court, citing a point of exceptional public interest. Rattigan, of Drimnagh, Dublin, was found guilty in 2009 by a majority jury of stabbing Declan Gavin (21) outside Abrakebabra in Crumlin Shopping Centre on August 25, 2001, and was sentenced to life imprisonment. His initial appeal was dismissed by the Court of Criminal Appeal in 2013. The current referral stems from an application under Section 29 of the 1924 Courts of Justice Act, focusing on whether Section 16 of the 2006 Criminal Justice Act, which modified hearsay rules, applies retrospectively to statements made before the Act came into force. Rattigan's legal team argued that applying this provision retrospectively was unfair and breached constitutional rights, contending that a speedy prosecution would have resulted in a trial prior to the 2006 legislation. The State opposed the referral, arguing the issue was unlikely to recur. The Court of Appeal, comprising Justices O'Donnell, Moriarty, and White, determined that the argument raised underlying issues regarding changes to criminal procedure and evidence, describing it as an issue of enduring importance. While other points raised on Rattigan's behalf did not merit referral, the Supreme Court will now consider the retrospective application of the hearsay exception. Rattigan was not present in court for the ruling.
Kevin Coughlan, a 32‑year‑old Limerick man, had his murder conviction quashed after a successful appeal. The Court of Appeal found his original trial unsatisfactory, citing the late presentation of crucial evidence from Deputy State Pathologist Dr Khalid Jaber, who had stated that Francis Greene was strangled before drowning. The court concluded that Coughlan could have been found guilty of manslaughter and therefore quashed the murder conviction, finding him guilty of manslaughter under section 3(1)(d) of the Criminal Procedure Act 1993. Although the court could have imposed a sentence immediately, it decided the sentence should be delivered in the Central Criminal Court. Coughlan was not present for the sentencing hearing, and the judge scheduled the sentence for 5 October, noting that Coughlan will serve a portion of his new sentence in the meantime. Kevin Coughlan pleaded not guilty.