A 66‑year‑old man, previously imprisoned in the United States for child abuse, had his 1993 conviction for raping his nine‑year‑old niece in Galway quashed on appeal. He had pleaded not guilty to rape, oral rape and three counts of sexual assault. A jury at the Central Criminal Court found him guilty and he was sentenced to eight years' imprisonment, with the final three years suspended by Mr Justice Garrett Sheehan on 21 October 2013. Mr Patrick Gageby SC argued that major inconsistencies existed in the charges and evidence presented at trial. Mr Justice George Birmingham, sitting with Mr Justice Alan Mahon and Mr Justice John Edwards, agreed that the cumulative effect of these inconsistencies meant the conviction could not stand. The Court of Appeal quashed the conviction without ordering a retrial.
Ian Dent, 22, of Crumlin, was convicted of violent disorder for his role in a group attack on two American tourists in Temple Bar on 29 April 2012. The original five‑year sentence imposed by Mr Justice Patrick McCartan on 29 July 2014 was reduced on appeal to three years, with the final 12 months suspended. The Court of Appeal found the original term excessive, noting Dent's "threatening and menacing" behaviour was common in the area but also that he had shown progress and a record of rehabilitation. The appeal court highlighted that the Americans suffered significant injuries, including a broken arm and facial scarring, and that Dent had attempted to intervene and defuse the situation. The new sentence reflects a balance between punishment and potential for rehabilitation. Ian Dent pleaded not guilty.
O'Reilly Commercials Limited, a vehicle testing firm, was found guilty of breaching health and safety laws during an official test of a school bus on 5–6 August 2005. The test, conducted under the Safety Health and Welfare at Work Act 1989, allegedly exposed persons to risk because the company failed to ensure safety, notably by not noting the bus's modified rear suspension system. The Dublin Circuit Criminal Court, after a 23‑day trial and nearly eight hours of jury deliberation, convicted the firm on the first count. The company was fined €25,000 on 29 July 2013. Mr John Deegan, a director, has applied to represent the company in an appeal, arguing that no other lawyer had represented the firm in such proceedings and that legal aid may be available. The Court of Appeal has scheduled a hearing for 23 October to decide the appeal and any legal‑aid application.
Rory O'Brien, 60, of Killicane, Mitchelstown, Cork, pleaded guilty to five counts of animal cruelty for failing to treat pigs that were found eaten alive on his farm between May and September 2011. He was originally sentenced to 18 months' imprisonment by Judge Seán Ó Donnabháin on 12 February 2015. On appeal, Ken Fogarty SC argued that the judge had been influenced by facts about other counts that were not before the court. The Court of Appeal, led by Justice Garrett Sheehan, upheld the need for a custodial sentence but reduced the term to 12 months, suspending the final six months. The decision acknowledged O'Brien's personal circumstances, including significant debt and his previous good character, while maintaining that the offences were "extremely serious.".
The Court of Criminal Appeal has dismissed the conviction appeals of two men, aged 22 and 24, who were previously jailed for the attempted rape of a woman in a van. The appellants, who were 16 and 18 at the time of the 2009 incident, had been found guilty by a Central Criminal Court jury in November 2012. The 22-year-old was convicted of attempted rape, sexual assault, and oral rape, while the 24-year-old was convicted of attempted rape and sexual assault. A third accused was acquitted on all counts. Mr Justice Paul Carney sentenced both men to ten years' imprisonment in January 2013. The 22-year-old also pleaded guilty to stealing the victim's car at the outset of the trial. In today's ruling, Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice Garrett Sheehan, stated that the original trial was conducted in an "exemplary fashion" and that the convictions should stand. The court rejected the appellants' argument that the trial judge erred in law, rendering the convictions unsafe. The men are due to appeal their sentences at a later date.
In 2008, Judge Seán Ó Donnabháin sentenced Perry Wharrie, 56, to 30 years' imprisonment for his role in the €440 million drug seizure at Dunlough Bay, the largest in Irish history. Wharrie, who pleaded not guilty to possession for sale, was found guilty by a Cork Circuit Criminal Court jury. Two accomplices received 30 and 25 years, while a fourth who pleaded guilty was jailed for ten years. The Court of Criminal Appeal, led by Justice John McMenamin, ruled that the judge erred in imposing the 30‑year sentence and granted Wharrie the opportunity for a fresh sentencing hearing, possibly in October. The appeal decision will be detailed later, but the court has not yet altered the sentence. The case highlights the severity of the original penalty and the appeal's focus on procedural error.
Samantha Corbett, 30, was sentenced to three years in prison for punching a nurse at Mercy University Hospital's A&E on 26 July 2014. The judge suspended the final twelve months of the sentence. On appeal, Mr Justice John Edwards reduced her net jail term to fifteen months. The reduction was based on Corbett's intoxication at the time, her lack of recollection, her young child in care, and her substance‑abuse history. The Court of Appeal also required her to pay a €100 bond, to keep the peace, and to remain of good behaviour for the suspended portion of her sentence and for two years after release. The nurse, who had worked in the emergency department for 22 years, said the assault caused her daily neck pain and disrupted her family life. Corbett accepted the conditions imposed by the court. The unnamed woman pleaded guilty.
Maura Thornton, 33, from Inverin, Connemara, was convicted of manslaughter for stabbing 59‑year‑old Kevin Joyce to death outside her Salthill apartment on 31 July 2011. A jury at the Central Criminal Court found her not guilty of murder but guilty of manslaughter and imposed a 10‑year sentence, with the final three years suspended by Mr Justice Barry White on 13 March 2013. In the Court of Appeal, Mr Justice Garrett Sheehan upheld the sentence, noting that Thornton and Joyce had a shared interest in Celtic studies and had met at University College Galway in 2011, where a relationship developed that involved excessive alcohol consumption. Thornton had been sober for six weeks before the incident, but Joyce's repeated attempts to contact her led to her ending her sobriety and drinking heavily on the night of the murder.
John Flaherty, 29, of Ferrybank, Waterford, was convicted of manslaughter for killing Patrick Murphy, 27, on 20 June 2010. The Central Criminal Court found him not guilty of murder but guilty of manslaughter, sentencing him to 10 years' imprisonment with the final 2½ years suspended. The Court of Appeal heard that Flaherty had entered the house of his former girlfriend, the mother of his child, at 5 am, found her in bed with a naked heroin addict, and that a child and €500 worth of heroin were present. He had recently been released from custody for slitting another man's face. Flaherty's appeal, arguing that the judge failed to credit 17 months spent in custody, was dismissed by Mr Justice Alan Mahon, who upheld the 10‑year sentence and the suspended portion. The appeal was heard by a three‑judge panel.
The 20‑year‑old ringleader of a "spine chilling" aggravated burglary, robbery and false imprisonment at Botanic Avenue, Dublin 9, was sentenced to six years' detention on 29 March 2012. He was found guilty on 27 April 2011. The Court of Appeal later reduced the term, suspending the final 12 months. The offender, who was 15 at the time of the offence, had 23 prior convictions and was on bail for other robberies. He entered the victim's home with accomplices, threatened the student with a knife, demanded money and the PIN of an ATM card, and forced the student's girlfriend to be held back while the student was "frog marched" to an ATM. The victims withdrew €600, and the offender threatened further withdrawal. The appeal judge noted the offender's young age and the need for rehabilitation, and required a €100 bond for good behaviour during the suspended period and for two years after release.
A man from Carrickmacross, Co Monaghan has failed in his appeal against conviction for sexual exploitation of two children. Peter Clarke, aged 70, was convicted at Dundalk Circuit Criminal Court on two counts relating to an incident on September 9 2011 involving two 12-year-old girls. He had pleaded not guilty to the charges. A jury found him guilty, and he was sentenced to five years imprisonment with the final three years suspended in March 2014. The Court of Appeal dismissed his appeal, with President Seán Ryan stating the trial was "satisfactory" and the conviction "safe". Mr Justice Ryan rejected multiple grounds of appeal, including submissions regarding the lawfulness of Clarke's arrest and detention, the admission of evidence, and jury instructions. The court found it would have been "wholly unstateable" for a jury to interpret Clarke's conduct and words as anything other than an invitation to engage in a sexual act. The judgment was delivered by Mr Justice Ryan, sitting with Ms Justice Mary Finlay Geoghegan and Mr Justice Michael Peart.
Stephen Cahoon, aged 42, was convicted of murdering his pregnant ex‑girlfriend Jean Teresa Quigley, aged 30, in 2012 and sentenced to life imprisonment. His conviction was quashed in March 2015 by the Court of Appeal after a judge misdirected the jury on the defence of provocation. The Court ordered a retrial, and Cahoon's lawyers appealed to avoid a third trial. The Court of Appeal, led by Mr Justice Seán Ryan, upheld the quashing, citing the seriousness of the alleged murder and the need to determine whether Quigley was murdered or the victim of manslaughter. Cahoon had served nearly ten years in prison before the quashing. The retrial was scheduled for October 27, 2015, with Cahoon remaining in custody. The case is notable for being the first under the 1976 Criminal Law Jurisdiction Act to be tried before a jury in the Republic of Ireland.
The Court of Appeal refused to review a fully suspended four‑year prison sentence that had been imposed on a 40‑year‑old woman for the "most serious" neglect of five girls and two boys over a ten‑year period from March 2001 to July 2010. The woman had pleaded guilty at Ennis Circuit Criminal Court and was given a sentence suspended in full for seven years by Mr Justice Carroll Moran on 25 February 2013. The Director of Public Prosecutions applied for a review on the ground that the sentence was "unduly lenient", but Mr Justice Seán Ryan, President of the Court of Appeal, rejected the application. He noted that the case involved a "catalogue of abuse" and "very serious crimes", and that the woman had shown rehabilitative efforts, including attending Alcoholics Anonymous and engaging with the probation service.
Thomas Mooney, 74, of Belvedere Place, Dublin, was convicted of indecently assaulting a boy aged 11 to 13 on eight occasions between October 1983 and June 1985. He pleaded not guilty at Dublin Circuit Criminal Court, but a jury found him guilty after an eight‑day trial. Judge Catherine Murphy sentenced him to four years' imprisonment, suspending the final two years. Mooney appealed, arguing that a voluntary statement he made to Gardaí while not in custody should not have been admissible. The Court of Appeal, hearing a ten‑minute video in which Mooney confirmed the contents of that statement, dismissed the appeal. The judges noted that Mooney had been in his forties when the offences occurred and that the victim was always under 15. The case was scheduled for further proceedings on 30 July, with Mooney remaining on bail until then. The appeal was rejected, and Mooney will be taken into custody following the court's decision.
A man from County Roscommon has had the suspended portion of his 14-year prison sentence doubled on appeal. The 57-year-old, who cannot be identified for legal reasons, was convicted in 2010 of 47 counts of rape and sexual assault against his son between 2001 and 2004. The Central Criminal Court imposed a sentence of 14 years with the final 18 months suspended. The Court of Appeal dismissed his conviction appeal but found, when comparing sentences in cases of similar gravity, that a greater proportion should have been suspended. The three-judge court increased the suspended period from 18 months to three years, resulting in a net custodial term of 11 years. Mr Justice Alan Mahon, delivering the judgment, noted that comparable cases attracted net sentences of between 10 and 11 years. The court found the appellant's conviction sound despite challenges to witness immunity granted to his wife and son during trial proceedings. The unnamed 57-year-old pleaded not guilty.
Michael Murray, aged 43, was convicted in 2013 of rape, attempted rape, oral rape, aggravated sexual assault, child abduction, threats to kill or cause serious harm, false imprisonment and theft, and sentenced to 15 years in prison. In 2015 he brought a High Court action against the Irish Prison Service and the Minister for Justice, claiming that his solicitors' phone calls had been recorded in prison. The court found that in May and July 2013 some of Murray's calls were indeed recorded, including those to his solicitors, due to an anomaly in the phone system. The recordings were made inadvertently and were not accessed by prison staff or the Gardaí. The judge ruled the recordings were inappropriate but did not amount to a prejudice of Murray's rights, dismissed the application, and awarded costs against him. The case was heard in the Central Criminal Court, and Murray's conviction remains pending appeal.
In 2014, a 79‑year‑old Waterford fisherman was convicted of 16 counts of indecent assault against a girl in 1982‑83. He was acquitted on eight counts and found guilty on the remaining eight, receiving an eight‑year prison sentence with a two‑year suspended portion. In 2015, the Court of Appeal increased the suspended portion by one year, citing the defendant's age and serious health issues, including prostate cancer, asthma, multiple system disease, and prior bypass surgery. The final sentence now requires the fisherman to serve eight years in prison, with the last three years suspended. He must also post a €100 bond to maintain good behaviour during the suspended period. The appeal did not alter the original conviction or the nature of the offences, merely adjusting the custodial term to reflect the defendant's circumstances. The unnamed 79-year-old pleaded not guilty.
Mrs Hong Thi Nguyen and Mr Phuc Nguyen Le successfully appealed their prison sentences at the Court of Appeal. Both had previously pleaded guilty to cultivating more than €1 million worth of cannabis at an industrial unit in Kells Business Park, Co Meath, on April 13, 2013. At Trim Circuit Criminal Court, Judge Michael O'Shea had sentenced Mrs Nguyen to 10 years imprisonment with the final four-and-a-half years suspended, and Mr Le to 10 years with the final three years suspended. The appellate panel, led by Mr Justice Alan Mahon, found an error in principle, noting the sentencing judge failed to account for the appellants' limited roles as workers or 'gardeners' who were brought into the country for that purpose. The court heard they had no involvement in the operation's setup, planning, or financing. A new sentence of five years imprisonment, with the final 12 months suspended, was imposed on Mr Le. Mrs Nguyen received a new sentence of three-and-a-half years imprisonment, with the final six months suspended. The court noted Mr Le had a relevant previous conviction in the UK in 2007, while Mrs Nguyen had none. As both had been in custody since their arrest in 2013, the court heard that Mrs Nguyen's new sentence had effectively been served.
The Director of Public Prosecutions will argue before the Court of Appeal in October that a sentence imposed on a man convicted of dangerous driving causing eight deaths was unduly lenient. Shaun Kelly, aged 26 and from Hill Road, Ballymagan, Buncrana, County Donegal, pleaded guilty at Letterkenney Circuit Criminal Court to dangerous driving that resulted in the deaths of eight men on a road between Clonmany and Buncrana on 11 July 2010. He received a four-year custodial sentence with the final two years suspended by Judge John O'Hagan in December 2014, and was disqualified from driving for a decade. The DPP has applied for the Court of Appeal to review the sentence on grounds of undue leniency. Mr Justice George Birmingham set 22 October 2015 for the hearing.
Brian Meehan, 47, from Crumlin, is serving a life sentence in Portlaoise prison for the 1996 murder of journalist Veronica Guerin. He was convicted in a 31‑day trial before the Special Criminal Court in July 1999 and also jailed on drugs and firearms charges. Meehan has applied to have his 1999 murder conviction quashed on the basis of new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan. The Court of Appeal scheduled his application for hearing on 19 and 20 November. The DPP's counsel, Paul Anthony McDermott, said the State needed two more weeks to prepare submissions, citing the volume of material since the murder. The DPP's motion to dismiss Meehan's application was refused last year, and the Court of Appeal will now consider whether the case should proceed. The hearing will focus on whether the new evidence constitutes a miscarriage of justice.
Breifne O'Brien, a 54‑year‑old former businessman, is set to appeal a seven‑year prison sentence imposed on 8 October 2014 for deceiving investors into advancing about €8.5 million for bogus property deals between 2003 and 2004. He pleaded guilty to 14 counts of deception at the Dublin Circuit Criminal Court. His counsel, Patrick McCullough BL, secured an extension to file the appeal, as O'Brien had missed the normal 28‑day filing window by four months, and also applied for legal aid. The Court of Appeal scheduled the hearing for 15 October, with the judge expecting it to last 45 minutes. O'Brien was absent from the procedural hearings in May and on the day of the listing. Solicitor Séamus Cassidy, Head of Appeals at the Office of the Director of Public Prosecutions, confirmed that the DPP would not object to legal aid if the necessary paperwork is submitted.
Darren Rafferty, aged 40, was sentenced to three‑and‑a‑half years' imprisonment on 5 June 2014 for setting fire to his former fiancée's house in Navan on 14 January 2013. The arson caused about €79,000 of damage to the conservatory, kitchen and house, and four units of the Navan fire brigade attended the scene. Rafferty was arrested at 3.20 a.m. the same day, was intoxicated and could not be interviewed, but later confirmed he started the fire, left the house and returned to the pub, citing frustration over the breakup. He pleaded guilty at Trim Circuit Criminal Court. On 10 July 2015 the Court of Appeal, hearing Mr Justice George Birmingham, upheld the sentence but suspended the balance from 31 July, allowing Rafferty to pursue a job offer in the UK. He was ordered not to contact his former fiancée again.
Gavin Carabini, 31, of Dublin, was sentenced to 10 years' imprisonment for his role in a robbery that stole 28 Rolex and 18 Cartier watches worth over €100,000 from Hartmann Jewellers on 28 November 2008. The robbery involved three men armed with a handgun and iron bars who entered the shop at 1.10 pm, threatened staff, smashed a glass cabinet, and fled in a BMW. Carabini was arrested after a Garda search and had 63 previous convictions. The sentencing judge, Rory McCabe, imposed 10 years with the final 18 months suspended, citing the seriousness of the offence and the aggravating factors. Carabini appealed on the grounds of an unduly harsh sentence, but the Court of Appeal, led by Justice Garrett Sheehan, dismissed the appeal, describing the trial judge's approach as exemplary. The appeal was dismissed on 13 November 2013. Gavin Carabini pleaded guilty.
A 28-year-old teacher from Letterkenny in County Donegal has had the balance of a 12-month prison sentence suspended on appeal following a conviction for careless driving that resulted in a fatal collision. Declan O'Donnell pleaded guilty at Monaghan Circuit Criminal Court to careless driving at Tulvaragh Lower, Carrickmacross on January 25th, 2013. He was sentenced to 12 months imprisonment on June 17th, 2015. The Court of Appeal found that the sentencing judge had been unduly influenced by the tragic consequences rather than the circumstances of the driving itself. The court noted the absence of aggravating factors, including no evidence of speeding, erratic driving, or impairment. O'Donnell was suspended from driving while travelling home from Dublin to Donegal on a wet evening when his vehicle collided with another car. The appeal court determined the case could be appropriately dealt with through a non-custodial sentence and suspended the remainder of his term conditional on completing 200 hours of community service.
Jimmy Cash, 25, was convicted in February 2013 of endangerment, dangerous driving, driving while disqualified and no insurance after driving the wrong way up the M50, crashing into cars. He received a six‑year sentence with the final 18 months suspended. In March 2014 Judge Patricia Ryan imposed the sentence. Cash appealed against the sentence, but in July 2015 Mr Justice Garrett Sheehan dismissed the appeal, noting that the court had seriously considered increasing the sentence in light of Cash's prior convictions and subsequent offences. The court also considered the circumstances of the M50 incident, including the police response and the injuries Cash sustained. The appeal was rejected, and no additional jail time was imposed. The case remains at the sentencing stage, with no further outcome reported. Jimmy Cash pleaded guilty.
The Court of Appeal ruled that the Special Criminal Court had misinterpreted the statute on rearresting IRA suspects. Mr Kevin Braney, 40, had been charged with membership of the IRA in 2013 after a prior 1989 arrest on the same suspicion that never led to charges. The Special Criminal Court held that the two arrests were unlawful because they were for the same offence without a warrant. The Court of Appeal found this interpretation incorrect, noting that a 24‑year gap between arrests differs from the three‑month gap in the Vincent Banks case. It held that membership implies continuity, not permanence, and that the earlier and later arrests may not be the same offence. The decision clarified that the Special Criminal Court's view was not correct under section 30 of the Offences Against the State Act.
Vasile Stratan, a 35‑year‑old Moldovan who had been in Ireland for only four days, pleaded guilty to burglary at a Carrick‑on‑Suir home on 26 September 2013. He was sentenced to six years' imprisonment by Judge Thomas Teehan on 13 March 2014. Stratan claimed he travelled to the scene on the "promise of working in a circus" and that he was merely "casing houses", not the organiser of the offence. His barrister, Pauline Walley, argued that the sentencing judge had not considered his guilty plea, lack of prior convictions, health problems and his status as a non‑national with no English. On appeal, Justice Seán Ryan agreed that the judge had erred in not giving weight to these factors and, with some reluctance, ordered that the final 18 months of the sentence be suspended, leaving Stratan with a reduced custodial term. The appeal did not alter the assessment of the crime itself.
In 2011, Zhen Dong Zhao, a 38‑year‑old Chinese national, was convicted of murdering Noel Fegan outside his internet café on Wellington Quay and received a mandatory life sentence on 5 December 2012. Zhao appealed, arguing the trial judge had misexplained provocation to the jury. The Court of Appeal quashed the conviction and ordered a retrial. Zhao was remanded in custody and a retrial date of 3 May 2016 was set at the Central Criminal Court. Zhen Dong Zhao pleaded not guilty.
Alan Freeman, aged 34, was convicted of theft for his role in a January 2009 robbery at Carrick on Suir, Tipperary, where more than 40 firearms were taken. He pleaded guilty at Naas Circuit Criminal Court and was sentenced to seven years' imprisonment by Judge Gerrard Griffin on 1 April 2014. The Court of Appeal noted the robbery's significance to the Gardaí and that Freeman had been assisted by experienced counsel. On appeal, Judge George Birmingham reviewed Freeman's earlier suspended sentence of eight years for a bank robbery, of which six years had been reactivated, making a global sentence of 13 years. Applying the principle of totality and proportionality, Birmingham suspended two years of the seven‑year sentence, leaving Freeman with an overall sentence of 11 years. He agreed to a €100 bond to maintain peace and good behaviour during the suspended period.
Zhao Zhen Dong, a 38‑year‑old Chinese national, had been sentenced to life imprisonment for the 2011 murder of Noel Fegan outside his internet café on Wellington Quay. He pleaded not guilty and was found guilty by a jury at the Central Criminal Court, receiving a mandatory life sentence from Mr Justice Patrick McCarthy on 5 December 2012. Zhao appealed, arguing that the trial judge had erred in explaining provocation to the jury. The Court of Appeal, in a judgement delivered on 26 June 2015, quashed his conviction and ordered a retrial. The appeal focused on the judge's failure to clearly state that provocation remained a defence even when an intention to kill or cause serious harm existed. Zhao was remanded in custody to appear before the Central Criminal Court on the following Monday. The Court noted the complexity of provocation law and the importance of clear jury instructions.
Niall Fitzpatrick, 48, from Corrin Close, Glen, Cork, was convicted of attempted aggravated burglary and possession of a pump‑action shotgun and ammunition at Patrick Glavin's home in Glanmire on 11 August 2013. He pleaded not guilty at Cork Circuit Criminal Court. After a three‑week trial, a jury found him guilty and Judge David Riordan sentenced him to 14 years' imprisonment on 13 November 2014. On 16 June 2015 Fitzpatrick lodged an appeal on 16 grounds, alleging the judge failed to discharge the jury on several matters. His counsel, Brendan Nix SC, argued that evidence from Garda Dan Lucey was prejudicial and that a juror had been improperly excused after the judge allowed the Court Registrar to enter the jury room and discuss the case. Mr Nix said the registrar's conversation was not publicly recorded and that justice must be administered in public.
Four men convicted of assaulting two off-duty gardaí at Charlestown in June 2012 have been imprisoned following a successful appeal by the Director of Public Prosecution against their original suspended sentences. Nico Barrett, aged 22, of Humbert Street, Sligo; David Leonard, aged 32, formerly of Rhue, Sligo; Daniel Phelan, aged 23, of Tower Crescent, Connolly Park, Sligo; and David Skeffington, aged 23, of Rathscanlon, Charlestown Road, Tubbercurry, had pleaded guilty to assault causing harm at Castlebar Circuit Criminal Court. The trial judge imposed three-year suspended sentences on Barrett, Leonard, and Skeffington, and a two-year suspended sentence on Phelan in October 2014. The Court of Appeal found the sentences unduly lenient. Mr Justice John Edwards, speaking for the three-judge court, stated that custodial sentences were unavoidable and that assaults on peace officers must be severely punished. Barrett received 14 months imprisonment, whilst the other three received 12 months each.
Edward Bryan, a former Christian Brother aged 61, was returned to prison after an appeal. He had been convicted in 2013 of indecently assaulting three boys at North Monastery secondary school in Cork between 1984 and 1990, on seven of ten counts. He had been sentenced to five years imprisonment, but a 2013 bail allowed him to challenge the conviction and sentence. In May 2015, one count was quashed, the others upheld, and the appeal dismissed. During the sentence appeal, Bryan cited a Court of Appeal ruling that the maximum sentence for indecently assaulting a male at that time was two years, not ten. The Court of Appeal, however, imposed three consecutive 10‑month sentences, totaling two‑and‑a‑half years in prison. The judge noted Bryan's role as a teacher, his involvement in basketball, the nature of the abuse, and his otherwise good character. He was taken to custody and returned to prison. Edward Bryan pleaded not guilty.
The Court of Appeal will consider whether to set sentencing guidelines for cases of dangerous driving causing death. The suggestion was made by Mr Justice Garrett Sheehan in the case of Seán Casey, 27, of Cooragannive, Skibbereen, who was jailed last year for seven years for dangerous driving that caused the death of a 22‑year‑old woman and the paralysis of her friend. Casey was driving at 80 km/h, four times the legal limit, when he entered a roundabout. His barrister, Tom Creed SC, argued that the sentencing judge had placed Casey's offence "at the apex" of dangerous‑driving‑causing‑death cases before mitigation was applied. The maximum sentence for the offence is ten years imprisonment. Mr Justice Sheehan said the three‑judge court would consider setting guidelines, following the precedent of the Fitzgibbon guidelines for assault causing serious harm and the Ryan guidelines for possession of a firearm.
Sean Casey, 27, of Cooragannive, Skibbereen, was found guilty of dangerous driving causing the death of Megan Johnston, 22, and serious bodily harm to Kate Petford, 24, who was left paralysed after a crash at Skibbereen on 8 April 2013. He was sentenced by Cork Circuit Criminal Court to seven years imprisonment and a 30‑year driving disqualification on 17 February 2014. Casey, who drove a silver BMW that was 4.1 times over the legal alcohol limit, is appealing the sentence. His counsel, Tom Creed SC, argues the judge ignored rehabilitation possibilities and was unduly influenced by a victim impact report. The Director of Public Prosecutions, Lorcan Staines BL, emphasised the high speed (80 km/h) and excessive alcohol consumption, noting five people were in the vehicle. The appeal will be heard by the Court of Appeal on 9 July 2024.
Shane Ferguson, a 47‑year‑old carpenter from Limerick, was sentenced to seven years' imprisonment in 2014 for transporting over €1 million worth of cannabis from Northern Ireland to a cottage in rural Limerick. He pleaded guilty to possession for sale or supply. The drugs, 52.2 kg with a street value of €1,045,148, were moved by a navy transit van hired by Ferguson, who drove it from Newry to Limerick, paying tolls and being tracked on the motorway. An accomplice swapped vehicles and moved the boxes into the cottage. Gardaí seized the boxes, which bore a UPS sticker, and traced the shipment's route from Eindhoven to Newtownabbey to Poyntzpass. On appeal, the Court of Appeal reduced Ferguson's sentence by one year, from seven to six years, while his co‑accused remained at five years. The new six‑year term takes effect from the original sentencing date.
Robert Moran, aged 26, pleaded guilty to three aggravated burglaries at the home of a mentally disabled man in Limerick between May and June 2010. He was originally sentenced to five years' imprisonment, with the final two years suspended, by Mr Justice Carroll Moran on 19 May 2011. The Director of Public Prosecutions sought a review on the grounds that the sentence was unduly lenient. The Court of Appeal, hearing the case in a "less than desirable" manner, imposed a new sentence of seven years' imprisonment, with the final four years suspended. The appeal was heard by a three‑judge panel including Mr Justice Garrett Sheehan, Mr Justice John Edwards and Mr Justice Alan Mahon. The final sentence was therefore seven years, four of which are suspended, leaving a three‑year custodial term. The case was heard in the Limerick Circuit Criminal Court.
James McNamee, aged 23, was sentenced to four years' imprisonment for arson at North Link Retail Park, where a sofa set on fire in the loading bay caused €2.2 million of damage, including €745,000 uninsured. He pleaded guilty to one count of arson on 30 June 2010 and was originally sentenced by Judge Michael O'Shea on 31 January 2014. On appeal, the Court of Appeal reduced the sentence to four years with the final 18 months suspended. McNamee, who was 18 at the time of the offence, and three minors had climbed a fence to enter the loading bay; only McNamee was prosecuted. The court noted that no one was injured or killed and that the fire caused significant business losses, some businesses closing permanently. McNamee was required to post a €100 bond for four years after release. The appeal was granted by Judges Alan Mahon, Garrett Sheehan and John Edwards.
The Director of Public Prosecutions has decided not to proceed with a prosecution against a woman from Ballyjamesduff, Co Cavan who had been charged in connection with her father's death in 1988. Sharon Cullen, 39, had faced a charge of unlawfully and maliciously causing grievous harm with intent to murder at an address in Crumlin, Dublin on 13 May 1988. The decision followed a Supreme Court ruling in October 2014 which dismissed the DPP's appeal against a High Court order that had halted the prosecution on grounds of delay. A nolle prosequi, formally discontinuing the case, was entered at the Central Criminal Court today.
Kevin Coughlan, 32, of Limerick, had his murder conviction quashed by the Court of Appeal after a March appeal citing unsatisfactory trial conduct, particularly the changing testimony of Deputy State Pathologist Dr Khalid Jabber. Dr Jabber had initially suggested the victim, Francis Greene, might have drowned, but later concluded the victim was dead before entering the water and had been strangled. The Court of Appeal, led by Justice Seán Ryan, found the trial unsatisfactory and substituted the murder conviction with a manslaughter conviction under the Criminal Procedure Act 1993. No criticism was directed at the prosecution or the trial judge. Coughlan remains remanded in custody until 29 July, when he will appear before the Central Criminal Court for sentencing. The sentencing is scheduled for next month. Kevin Coughlan pleaded not guilty.
In a significant judgment delivered on Friday, Mr Justice Paul McDermott ruled that John Gerard McDonagh, convicted in 2001 of the murder and rape of Siobhán Hynes, is not entitled to High Court orders seeking access to forensic evidence. The court dismissed McDonagh's judicial review proceedings against the Garda Commissioner and the Attorney General, holding that the High Court lacks jurisdiction to grant such orders. However, the judge clarified that the Court of Appeal possesses ample jurisdiction under Section 2 of the 1993 Criminal Procedure Act to determine applications for access to forensic material, such as clothing, fibres, and nail clippings, for new DNA testing. McDonagh, who pleaded not guilty and maintains his innocence, was sentenced to life imprisonment for murder and ten years for rape. The judge stated that while there is no absolute obligation on the Garda Commissioner to facilitate re-investigation, the Commissioner must provide adequate reasons for any refusal. The judgment affirmed that if new evidence establishes innocence, the conviction should be quashed, but such applications must be directed to the Court of Appeal rather than the High Court.
Lawyers for the State have requested an additional two weeks to file a response to Brian Meehan's appeal, which seeks to have his 1999 conviction for the murder of journalist Veronica Guerin declared a miscarriage of justice. Meehan, aged 47 and serving a life sentence in Portlaoise prison, is arguing that new evidence from the 2001 Special Criminal Court trial of John Gilligan undermines his conviction. The evidence relates to material that emerged during Gilligan's trial, in which Gilligan was acquitted of Guerin's murder but convicted of cannabis importation. During case‑management proceedings in the Court of Appeal, the Director of Public Prosecutions' counsel, Paul Anthony McDermott, explained that the State needed time to prepare a full set of submissions, citing the volume of material and the need to clarify the meaning of new evidence.
An Italian man, Viorel Postolahce (32), has lost his appeal against a conviction for sexually assaulting a woman at Crosse's Green Quay on July 17, 2012. Postolahce had pleaded not guilty to the charge and was found guilty by a jury at Cork Circuit Criminal Court. He was sentenced to two-and-a-half years imprisonment, with the final year suspended, by Judge David Riordan on November 28, 2014. During the appeal, Postolahce argued that a 'cross-racial identification' parade should have been conducted and that the jury should have been discharged following the victim's evidence. The victim testified that the incident lasted ten seconds and that her car was parked halfway up a road. Mr Justice George Birmingham dismissed the appeal, stating that the victim's description was in everyday language and did not require a specific direction from the trial judge. The judge also noted that no identification parade took place, and the victim did not attempt to identify Postolahce. The appeal was dismissed by Mr Justice Birmingham, who was joined by Mr Justice Garrett Sheehan and Mr Justice John Edwards.
Philip Doyle, aged 38, was convicted of manslaughter for the death of his ex‑fiancée's three‑and‑a‑half‑month‑old baby, Ross Murphy, in April 2005. The Central Criminal Court, after a four‑week trial, returned a unanimous verdict of manslaughter, and Doyle was sentenced to 11 years' imprisonment on 15 May 2012. Doyle appealed, arguing that the trial judge had not adequately considered expert medical evidence and that the injuries could have resulted from an accidental fall. The Court of Appeal, led by Mr Justice Seán Ryan, rejected the appeal, stating that the conviction was "safe" and the trial was "satisfactory." Mr Justice Ryan noted that the jury had been properly instructed to weigh expert testimony and that the evidence supported the conclusion that the baby's severe injuries were inflicted by Doyle rather than by an accidental fall. The appeal was dismissed, leaving Doyle's conviction and sentence intact. Philip Doyle pleaded not guilty.
Kevin Coughlan, aged 32, had been sentenced to life imprisonment in 2011 for the murder of Francis Greene, who was found dead on Steamboat Quay between 28 and 29 November 2009. In March 2015, Coughlan's counsel, Anthony Sammon SC, appealed the conviction on the grounds that the trial was unsatisfactory, citing the testimony of Deputy State Pathologist Dr Khalid Jabber. Dr Jabber had altered his conclusion during the trial, initially suggesting the possibility of drowning but later concluding that the victim had died before entering the water and had been strangled. The Court of Appeal, presided over by Mr Justice Seán Ryan, agreed that the trial was unsatisfactory and quashed the murder conviction. It substituted a manslaughter conviction under the Criminal Procedure Act 1993. Coughlan was remanded in custody to appear before the Central Criminal Court for sentencing on the following Monday. Kevin Coughlan pleaded not guilty.
A 54‑year‑old Dublin man, who pleaded not guilty to 60 counts of sexual assault against six daughters of a former partner, was found guilty on all counts and originally sentenced to seven years, two of which were suspended. After a failed appeal, the Director of Public Prosecutions successfully sought a review on the grounds that the sentence was unduly lenient. The Court of Appeal imposed a new sentence of nine years imprisonment, removing the suspended portion because the defendant is unwilling to participate in a sex offenders programme. The court noted that the abuse, which occurred over many years and involved repeated sexual contact and forced viewing of pornography, was a severe breach of trust. The new nine‑year term is the final imposed sentence, with no suspended part. The case remains at the appellate stage.
Michael McKevitt, 65, a former Real IRA leader, was sentenced to 20 years in 2003 for directing terrorism and membership of an illegal organisation. He was due for release in July 2016 after a one‑quarter remission. McKevitt applied for an additional 8 % remission, arguing that his participation in structured prison activities such as art, drama, French, home economics and yoga reduced his likelihood of re‑offending. The High Court ruled that the Minister for Justice could not grant this enhanced remission and that the Minister was entitled to consider other relevant material, including Garda advice. McKevitt's appeal to the Court of Appeal was dismissed, with the court affirming that the Minister's discretion was not limited to a simple assessment of participation in authorised activities and that the decision to refuse the remission was lawful. The judgment noted McKevitt's good conduct and his role in the E2 'Republican' Landing, but upheld the refusal of the additional remission.
Patrick Scanlon, a 55-year-old restaurateur from West Limerick with an address on the Channel Island of Jersey, has appealed his conviction in the Court of Appeal. 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 Carroll Moran on May 21, 2014. His counsel, Michael O'Higgins SC, argued that the second search conducted at a garda station lacked new reasonable cause, claiming the initial roadside search was negative. The prosecution, represented by Anne-Marie Lawlor BL, contended that the search was continuous and lawful, noting that a mobile phone without a SIM card was later found. The Court of Appeal, comprising Mr Justice Garrett Sheehan, Mr Justice John Edwards, and Mr Justice Alan Mahon, heard the arguments and reserved judgment. The matter was adjourned pending the court's decision.
The 20‑year‑old ringleader of an attack in which a student was forced to withdraw money from an ATM and threatened that his girlfriend would be raped by two accomplices has won an appeal against his sentence. He had pleaded guilty to aggravated burglary, robbery and false imprisonment at Botanic Avenue, Dublin 9 on 27 April 2011 and was sentenced to six years' detention by Judge Martin Nolan on 29 March 2012. The Court of Appeal heard that the offender, who was 15 at the time of sentencing, held a knife to the student's throat, demanded €40 and later €600, and threatened to harm the student's girlfriend if the PIN was not supplied. The Court of Appeal, led by Mr Justice Garrett Sheehan, found that the judge had not given sufficient regard to the Children's Act and that rehabilitation should have been considered.
Stephen Lyons, 23, of Newbridge, appealed a four‑year sentence for assaulting a Filipino national on 31 October 2010. The original judge, Michael O'Shea, had rejected evidence that Lyons acted in excessive self‑defence. The Court of Appeal, led by Justice George Birmingham, found the sentence unduly severe and imposed a new term of two‑and‑a‑half years' imprisonment, with the final 15 months suspended. Lyons had claimed that the victim, after a confrontation, thrust a knife at him and that he fled, only to be pursued and punched, resulting in a scrotal stab. Witnesses testified to kicks to the victim's head. Lyons had no prior convictions, a positive probation report, and had been denied a career in the army because of the conviction. The appeal was granted on the basis that the sentencing judge had not been properly notified of the self‑defence evidence. Stephen Lyons pleaded not guilty.