Alan Boggans, 39, of Newcastle, was convicted of possessing over €1.9 million worth of cannabis resin for sale or supply at Celtic Truck Wash and Park, Rathcoole, on 1 September 2009. A jury at the Dublin Circuit Criminal Court found him guilty and Judge Patrick McCartan sentenced him to 13 years' imprisonment on 24 June 2013. Boggans appealed the conviction, but the Court of Appeal dismissed the appeal. Judge Garrett Sheehan confirmed that Boggans had received a fair trial. The case centred on a Garda surveillance operation that led to a search warrant issued under section 26 of the Misuse of Drugs Act. Evidence included drugs found in a white Mercedes van, fingerprints matching Boggans, and mobile phones linked to him. Boggans' counsel argued the warrant was issued too hastily and that the Superintendent was not independent, but the court rejected these arguments and upheld the conviction. The appeal was dismissed on all grounds. Alan Boggans pleaded not guilty.
Michael Murray, 43, of Killiney Oaks, Dublin, was convicted in 2013 of rape, sexual assault, child abduction and other offences committed in February 2010. He was sentenced to 15 years' imprisonment by Mr Justice Patrick McCarthy. The Director of Public Prosecutions has appealed his sentence on grounds of undue leniency. During case‑management procedures in the Court of Appeal on 9 March 2015, Murray confirmed that no lawyers were acting for him and claimed that the State had recorded his solicitors' telephone conversations during his trial. He said the prison service admitted to accessing and recording those calls, a fact he believes will affect his conviction appeal. Murray has no objection to the DPP's undue‑leniency application and will not instruct a legal team on it, stating he considers it an abuse of process. The Court of Appeal has directed that the DPP's application proceed and that Murray's conviction appeal be postponed until the judicial review is resolved. Michael Murray pleaded not guilty.
In March 2015 the Court of Appeal ruled that the wholly suspended three‑year sentence imposed on security guard Alan Kilmartin for an unprovoked assault on a woman in her Ennis home was unduly lenient. Kilmartin, 35, had pleaded guilty to assault causing harm on 2 March 2012 and had been given a wholly suspended sentence by Judge Carroll Moran on 25 November 2013, suspended for five years on conditions. The Court of Appeal, led by Mr Justice Seán Ryan, found that the sentence did not reflect the seriousness of the attack, which involved Kilmartin striking the victim's head with a metal implement, causing head injuries, fractures to her fingers and thumb, and psychological trauma. The court adjourned sentencing to 23 March 2016, where a new sentence would be imposed. The decision was based on the Court's view that a wholly suspended sentence was inappropriate for the gravity of the offence.
A Roscommon man acquitted of his mother's murder by reason of insanity has appealed against the verdict, seeking a retrial on grounds of diminished responsibility. Paul Henry was sent to the Central Mental Hospital in May 2014 following his acquittal at Castlebar. His counsel argued the trial judge misdirected the jury on the burden of proof regarding insanity, and that the Court of Appeal has jurisdiction to order a retrial and correct the error. The Director of Public Prosecutions opposed the appeal, contending the court lacks power to retry insanity verdicts under existing legislation. During submissions at the Court of Appeal, one judge remarked that Henry might have a better life serving a prison sentence than remaining in the Central Mental Hospital. The three-judge panel reserved judgment, noting the matter would require considerable consideration. Paul Henry pleaded not guilty.
Stephen Cahoon, aged 42, had been sentenced to life imprisonment for the murder of his pregnant ex‑girlfriend, Jean Teresa Quigley, 30, who was 10 weeks pregnant when she was strangled on 26 July 2008. The Central Criminal Court found him guilty on 30 April 2012, and Mr Justice Barry White imposed the life sentence. On 4 March 2015 the Court of Appeal quashed Cahoon's conviction, citing a misdirection by the trial judge regarding the defence of provocation. The appeal was successful because the judge's brief statement that provocation could not involve intent was deemed a mistake at a crucial point in the jury's deliberation. The Court ordered a retrial and remanded Cahoon in custody, noting that a retrial would be his third attempt after six years already served. The case was notable for being the first trial under the Criminal Law Jurisdiction Act 1976 before a jury in the Republic of Ireland.
Remigijus Tuma, a 32‑year‑old Lithuanian national living in Dublin, was convicted in 2011 of possessing €180,000 worth of cannabis for sale or supply. He was found guilty by a jury at the Dublin Circuit Criminal Court and sentenced to seven years' imprisonment by Judge Yvonne Murphy. In 2015 the Court of Appeal quashed his conviction after hearing that the trial judge had imposed an inappropriate burden of proof, requiring Tuma to prove beyond a reasonable doubt that he did not know the contents of the suitcase were cannabis. The appellate judges, including Mr Justice John Edwards, agreed that this was a fundamental injustice and ruled that the appeal must be allowed. A formal judgment will be issued on March 23, 2015. Remigijus Tuma pleaded not guilty.
The Court of Appeal ruled that a wholly suspended seven‑year sentence imposed on a 53‑year‑old man for raping and indecently assaulting his wife's sister was unduly lenient. The man pleaded not guilty to two counts of rape and two counts of indecent assault committed between 1985 and 1986. A jury at the Central Criminal Court found him guilty on all counts and the trial judge, Mr Justice Garrett Sheehan, imposed the suspended sentence on 7 June 2013, citing the man's need to support his family, including two autistic sons who require 24‑hour care. The Court of Appeal dismissed the man's appeal against conviction and agreed with the Director of Public Prosecutions that the sentence was too lenient. The court noted that the man had been married to the complainant's elder sister, had two children, and that the offences occurred in the house's bedroom when the complainant was staying over.
In March 2015 the Court of Appeal considered whether Joe O'Reilly could have his 2007 murder conviction declared a miscarriage of justice. O'Reilly, 42 at the time of the trial, was convicted of killing his wife in their Naul home and sentenced to life imprisonment. He applied under Section 2 of the Criminal Procedure Act 1993, claiming that a portion of the book of evidence had been left in the jury room during the trial, potentially compromising the jury's impartiality. The Director of Public Prosecutions argued the application was an abuse of process, as no new facts had emerged and no attempt had been made to discharge the jury. O'Reilly's counsel contended the case was stateable, citing the lack of inquiry into how the evidence entered the jury room and whether jurors had read it. The Court of Appeal reserved judgment, to be decided as soon as possible, following O'Reilly's earlier unsuccessful appeals in 2009 and 2012.
John-Paul Cawley and Wenio Rodriguez Da Silva have brought appeals against their murder convictions in the Court of Appeal. Both men, who pleaded not guilty to the murder of Bruno Lemes De Sousa at Shronowen Bog, Listowel, between February 16 and 17, 2012, were found guilty by a jury at a Kerry sitting of the Central Criminal Court. They received mandatory life sentences from Mr Justice Garrett Sheehan on May 22, 2013. Cawley had previously pleaded guilty to manslaughter. Counsel for Da Silva, John B Peart SC, argued the jury should have been discharged against his client, alleging that Cawley's barrister prejudiced Da Silva by jokingly referring to him as a "short plank" during trial discussions. Counsel for Cawley, Anthony Sammon SC, submitted that the trial judge improperly charged the jury regarding the onus of proof. The Court of Appeal, presided over by Mr Justice Seán Ryan with Ms Justice Mary Finlay Geoghegan and Mr Justice John Edwards, reserved judgment to a date as soon as possible. The matter was adjourned.
The Court of Appeal has increased the sentence of Cathal Murtagh, a Louth man, from five years to eight years for possession of drugs for sale or supply. Murtagh, who pleaded guilty at Dublin Circuit Criminal Court, was originally sentenced in March 2012 for possessing €3.5 million worth of ecstasy and cannabis at a Malahide Road warehouse in April 2011. The Director of Public Prosecutions appealed the original sentence as unduly lenient, arguing the judge failed to adequately consider the offence's presumptive minimum of ten years and the drugs' value. President of the Court of Appeal Mr Justice Seán Ryan imposed the new eight-year term from the date of the original sentence. However, the balance of the sentence was suspended. Mr Justice Ryan described Murtagh as "very lucky" and urged him to "take the chance" given. Murtagh was required to enter a personal bond of €100 to keep the peace and be of good behaviour for five years. Counsel for the DPP, Mr Ronan Kennedy BL, argued the original sentence attached excessive weight to mitigating factors, including Murtagh's status as a "lowest cog" and his lack of prior convictions. Defence counsel, Ms Mary Rose Gearty SC, noted Murtagh had been at liberty since September 30. The court's decision reflects a review of the sentence rather than a new trial, with the suspended portion contingent on the specified conditions.
John Patterson, 58, of Drimnagh, was convicted of 14 counts of sexual assault against a boy on Mourne Road between 2001 and 2003. A jury at the Dublin Circuit Criminal Court found him guilty and Judge Donagh McDonagh sentenced him to eight years' imprisonment and ordered him to pay €24,000 in compensation from his Army pension on 25 November 2010. On appeal, Justice Garrett Sheehan, sitting with Justices George Birmingham and Alan Mahon, upheld the eight‑year sentence and the compensation order but suspended the final 21 months of the term. The Court of Appeal had earlier suggested that Patterson might participate in the 'Building Better Lives' sex offenders programme, but his counsel noted that Patterson was ineligible because he had not pleaded guilty. John Patterson pleaded not guilty.
Philip McCarthy, 48, of Cabra Court, Thurles, was charged with possession of €43,000 worth of drugs after a vehicle stop at the Horse and Jockey Hotel in November 2011. He received a 10‑year sentence, with the final three years suspended, at Clonmel Circuit Criminal Court on 18 October 2013. In the Court of Appeal on 2 March 2015, Mr Justice George Birmingham informed counsel that the Court of Appeal can increase sentences and that no exceptional circumstances were found. McCarthy's counsel requested an adjournment, and the case was rescheduled for a later hearing.
Aaron McCarthy, 22, of Crinan Strand, Dublin 1, was convicted of robbery and taking a vehicle without authority after punching a taxi driver and stealing his taxi, mobile phone and bank cards on 13 August 2011. He also admitted stealing a bicycle that day. A jury at the Dublin Circuit Criminal Court found him guilty and sentenced him to five years' imprisonment. McCarthy had been on bail pending an appeal. On 2 March 2015, the Court of Appeal dismissed his appeal on two grounds: the trial judge's handling of a Garda's evidence and a reference to a possible Garda career risk if McCarthy had been acquitted. The judges – Alan Mahon, George Birmingham and Garrett Sheehan – upheld the conviction and McCarthy was returned to prison to serve the remainder of his sentence. He has not yet appealed the sentence's severity. Aaron McCarthy pleaded not guilty.
Philip Doyle, 38, of Tinakilly, Aughrim, Co Wicklow, was convicted of manslaughter for the death of his ex‑fiancée's three‑and‑a‑half‑month‑old baby, Ross Murphy, at Creagh Demesne, Gory, Co Wexford, on 5 April 2005. The Central Criminal Court, after a four‑week trial, directed the jury to acquit Doyle of murder and return a unanimous manslaughter verdict. He was sentenced to 11 years' imprisonment on 15 May 2012. Doyle's appeal against conviction was opened in the Court of Appeal. His barrister, Giollaíosa Ó Lideadha SC, argued that the incident was an accident, that the judge had not adequately explained the withdrawal of the murder charge, and that expert evidence on physical abuse was unreliable. The Director of Public Prosecutions' counsel countered that medical experts found the baby's injuries inconsistent with an accidental fall. The Court of Appeal will decide the appeal as soon as possible. Philip Doyle pleaded not guilty.
Philip Doyle, 38, of Wicklow, was convicted of manslaughter for the death of his ex‑fiancée's three‑and‑a‑half‑month‑old baby, Ross Murphy, in 2005. The Central Criminal Court found the death an accident after a four‑week trial, and Doyle received an 11‑year sentence in May 2012. Doyle now appeals, arguing the original trial failed to properly direct the jury on the evidence of the baby's ill health and the lack of intent for murder. He contends that the prosecution's reliance on a paediatric study was unreliable and that the judge did not explain why the murder charge was withdrawn. The appeal is before the Court of Appeal, with the prosecution yet to reply. The case remains at the manslaughter conviction stage. Philip Doyle pleaded not guilty.
Patrick Barry, an 80‑year‑old former primary school principal from Kilkee, appealed his conviction for indecent assaulting 11 women who were pupils at Moyasta National School between 1964 and 1985. He had pleaded not guilty to 67 charges but was found guilty on 59 counts and not guilty on eight by Judge Gerald Keyes. Barry received an 11‑year sentence, with the final five years suspended. In the Court of Appeal, Barry's counsel, Roderick O'Hanlon SC, argued that the indictment lacked proper particulars, which he claimed materially affected Barry's defence and cross‑examination rights. He contended that the prosecution's failure to detail interviews with Gardaí and the delay in proceedings prejudiced Barry. The appeal was heard on 23 February 2015, with the court reserving judgment for 23 March. Barry was assisted by his sisters during the hearing and was noted to have poor health and impaired hearing.
In February 2015, lawyers for the State were instructed to prepare a substantive 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, 47, is serving a life sentence in Portlaoise Prison after a 31‑day trial before the Special Criminal Court. He also faces convictions for drugs and firearms. Meehan's appeal is based on new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan. The Director of Public Prosecutions, Tom O'Connell, noted that the evidence was already known before the original appeal and that the DPP had previously moved to dismiss the application, a motion that was refused by the Court of Criminal Appeal. The Court of Appeal has ordered the State to submit a comprehensive response, with case management to be considered on 19 June.
In February 2015 the Court of Appeal dismissed James Mansfield Junior's appeal against a €6.32 million summary judgment issued by the Commercial Court. The judgment arose from loans AIB advanced between 2003 and 2009 for the purchase of land in Duleek, Co Meath, and the development of apartment blocks, an underground car park and commercial units. Mansfield, together with three other parties, formed the "Duleek Partnership" to acquire the land. The Commercial Court found none of the four parties had an arguable defence and granted summary judgment. Mansfield appealed, arguing he was dyslexic and had signed the loan agreement by mistake (non‑est‑factum). The Court of Appeal, sitting with Justices Mary Finlay Geoghegan, Michael Peart and Alan Mahon, rejected the appeal, holding that Mansfield knew he was signing a legal document that created obligations and that no evidence showed he had asked questions about the liability he was undertaking.
The Prison Governor is appealing a High Court judgement that the detention of a convicted murderer in solitary confinement for nearly a year breached the prisoner's rights. The case is currently at the appeal stage. The Governor, represented by Mr Seamus Woulfe SC, argued that the prisoner, Daniel McDonnell, who is serving a life sentence for the murder of teenager Melanie McCarthy McNamara, was kept in solitary confinement for his own safety. However, McDonnell's lawyers contended that the 23-hour lock-up regime was disproportionate and violated his rights. The court previously quashed the regulation keeping McDonnell in solitary confinement and made several declarations, including that the prisoner's rights to bodily and psychological integrity were breached. The matter was adjourned for a week following the judge granting permission to bring fresh proceedings, including an inquiry under Article 40 of the Constitution into the legality of McDonnell's detention. The judge also placed a stay on his orders until Tuesday of next week. The judge found that the confinement in solitary was unlawful and neither necessary nor proportional to the perceived threat to McDonnell's person. McDonnell, who was found guilty in January 2014 of murdering Ms McCarthy McNamara, claimed he was denied access to structured activities within the prison and was finding it difficult to cope, with his health suffering.
The Court of Appeal has reserved judgment on a case involving a 47‑year‑old Clare man convicted of sexually assaulting a teenage female relative between 1 and 31 January 2007. He pleaded not guilty to two counts and was found guilty by a jury at Ennis Circuit Criminal Court, receiving an 18‑month sentence on 13 July 2012. His barrister, Giollaíosa Ó Lideadha SC, argued that psychiatric evidence presented by a psychiatrist—who claimed the complainant had been sexually abused and suffered—was opinion evidence, unjustified and inadmissible. He contended that the psychiatrist's remarks effectively asserted the allegations were true, thereby influencing the jury. Ó Lideadha also alleged the trial judge failed to give a corroboration warning and that the psychiatrist's testimony was used as proof rather than corroboration. The Court of Appeal will decide on 10 March, having rejected fresh evidence of a conversation between the complainant and the accused's wife. The case remains pending.
Barry Doyle, 29, pleaded not guilty to the murder of rugby player Shane Geoghegan, who was shot in a case of mistaken identity on 9 November 2008. A jury at the Central Criminal Court found Doyle guilty and imposed a mandatory life sentence on 16 February 2012. Doyle's appeal to the Court of Appeal centres on the claim that Gardaí induced his admissions during interviews, using psychological pressure involving his child and a woman named Victoria Gunnery. Doyle's counsel argues the admissions were obtained non‑voluntarily and should not be admissible. The DPP's counsel maintains that Doyle confessed voluntarily, driven by guilt, and that he had access to legal advice throughout the interrogation. The Court of Appeal will decide the appeal as soon as possible. The article reports only the procedural status of the appeal, not any outcome. Barry Doyle was found guilty. Shane Geoghegan was found guilty.
The Court of Appeal ruled that the conviction of a 61‑year‑old former Kerry County Council worker for sexually assaulting four girls was "safe" and dismissed his appeal. The man, who was jailed for eight years in 2012 after being found guilty of 29 counts of sexual assault between 2003 and 2008, had failed to sustain any grounds of appeal. The appeal was dismissed by Mr Justice John Edwards, who noted that the defendant had worked for a family business on weekends and was a partner of the victims' aunt. The court found that the defendant had repeatedly abused the girls, who ranged in age from 10 to 14, in various settings including the home and after school. The defendant was returned to prison to serve the remainder of his sentence. The unnamed 61-year-old pleaded not guilty.
Michael Dickenson, aged 29, was convicted of murder for the death of Stephen O'Meara, whose body was found in a shallow grave in Wicklow. He was found guilty by a jury at the Central Criminal Court and sentenced to mandatory life imprisonment by Mr Justice Patrick McCarthy on 7 July 2012. Dickenson appealed against the conviction, arguing that he had not known O'Meara would be shot and that his initial arrest under the Public Order Act was unlawful. The Court of Appeal, hearing the appeal, dismissed it. Mr Justice Garrett Sheehan, sitting with Mr Justice Seán Ryan and Mr Justice George Birmingham, held that Dickenson had driven O'Meara to the woods where a shallow grave was dug and another man shot him, constituting a joint enterprise. The court found the subsequent arrest on suspicion of murder lawful, despite the earlier unlawful arrest, and upheld the conviction and life sentence. Michael Dickenson pleaded not guilty.
Mark O'Reilly, 37, pleaded guilty to attempted robbery and possession of an imitation firearm at a service station in Tallaght on 11 March 2012. He was sentenced by the Dublin Circuit Criminal Court to three years' imprisonment, with 18 months suspended, on 7 April 2014. The Director of Public Prosecutions appealed the sentence as too lenient, but the Court of Appeal dismissed the appeal. O'Reilly pointed a realistic‑looking imitation handgun at two Gardaí during the robbery attempt. The attendant, Mr Rizman Ali, acted quickly, pressed the emergency button and counted the money while facing threats. Gardaí arrived, produced firearms, and arrested O'Reilly. He did not admit guilt in detention but claimed he had only pointed the gun at the attendant. O'Reilly's suspended sentence was reactivated after a Probation Service application, and he is now serving the suspended portion.
The Court of Appeal has dismissed the appeal against conviction lodged by Ruth Barry, who was found guilty of cutting the face and causing serious injury to journalist Jennifer Bray on O'Connell Street in 2010. Barry, who denied all charges including robbery and using a blade, was originally sentenced to seven years imprisonment with the final 18 months suspended by Judge Desmond Hogan at Dublin Circuit Criminal Court in July 2012. Her co-accused, Jonathan O'Brien, was also involved in the incident. Barry's appeal argued that the trial was rendered unfair due to the absence of witness Jacob Gajda, whose statement suggested O'Brien handled a blade only after the injury occurred. However, Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice John Edwards, ruled that Gajda's evidence did not address whether Barry possessed a knife. The court found Barry centrally involved in the joint enterprise, noting her actions in robbing Ms Bray and departing the scene proved she never withdrew from the agreement. The judges concluded that the absence of the witness could not render the jury's verdict unsafe or unsatisfactory. Consequently, the appeal was dismissed, and Barry was returned to prison to serve the remainder of her sentence.
In 2015, the Court of Appeal dismissed the appeal of Greg Crawford, 27, who had been sentenced to life imprisonment for the murder of Gareth Brosnan‑Grant in Limerick in 2007. Crawford had pleaded not guilty at the Central Criminal Court, where a jury found him guilty and Mr Justice Paul Carney imposed the mandatory life sentence on 3 March 2012. The appeal was rejected on all grounds, including Crawford's request that the trial judge give the jury an adequate identification warning. Mr Justice George Birmingham noted that the deceased's partner, Ms Claire Ronan, had identified Crawford shortly after the shooting, and that her identification was later confirmed by Garda Sergeant Gerry Cleary. The Court held that the appeal failed and dismissed it. The case remains at the life‑sentence stage.
A man from Roscommon has been sentenced to fourteen years imprisonment following a Court of Appeal determination that his original eight-year sentence was manifestly inadequate. The accused had pleaded guilty to repeated counts of rape and sexual assault of a young neighbour between 2004 and 2008. The victim was five years old when the offences commenced and continued for approximately three and a half years until the child was taken into care by the Health Service Executive. President of the Court of Appeal Mr Justice Seán Ryan described the crimes as standing "on the most heinous level" of offending, involving depravity that amounted to torture. The Director of Public Prosecutions successfully applied for the sentence to be reviewed in December 2014. Mr Justice Ryan stated that whilst mitigating factors including the accused's late guilty plea and difficult background were considered, a much more severe sentence could have been imposed. The court imposed fourteen years on each of the fifteen rape counts to run concurrently, with no change to the sexual assault convictions.
Mihalache Marian, 53, was convicted of murdering his ex‑girlfriend Loradena Pricajan in a Sandyford hotel room on 27 January 2010. He pleaded not guilty, claiming Pricajan had committed suicide after an alleged injury that left him unconscious. The court found the suicide claim "infinitely unlikely" and cited circumstantial evidence, including a timeline of their relationship and recorded phone conversations, to support the jury's guilty verdict. Marian received a mandatory life sentence on 28 January 2010. On 12 February 2015 he appealed to the Court of Appeal on the ground that the jury's verdict was perverse and not supported by the evidence. The Court of Appeal, presided over by Justice Seán Ryan, dismissed the appeal, upholding the conviction and sentence. The appeal was based solely on the jury's verdict and the weight of evidence presented. The case remains at the appellate level with no further changes to the conviction or sentence.
In February 2015, lawyers for Joe O'Reilly, who was convicted of murdering his wife in 2007 and sentenced to life imprisonment, applied to the Central Criminal Court for inspection facilities while he appeals his conviction. The request, made by counsel Ronan Munro BL, was granted by Mr Justice Paul Carney without objection from the State. The inspection facilities are intended to allow O'Reilly's legal team to examine the trial file. O'Reilly has filed an appeal under Section 2 of the Criminal Procedure Act 1993, claiming his conviction was a miscarriage of justice. The State has moved to strike out the appeal, a motion that will be heard by the Court of Appeal on 3 March. The appeal's grounds include alleged mishandling of evidence and questionable meetings during the 2007 trial. O'Reilly has previously lost appeals in 2009 and 2012, and in November 2012 he was granted legal aid to pursue the miscarriage‑of‑justice claim.
Paul Henry, a 29-year-old Roscommon man, brought an appeal against his acquittal for the alleged murder of his mother, Ann Henry, at The Spinney, Abbeystown, Roscommon, in September 2011. Henry had pleaded not guilty to the charge. At a previous Central Criminal Court sitting in Castlebar, a jury acquitted him of murder by reason of insanity. On May 7, 2014, Mr Justice Paul Carney ordered his commitment to the Central Mental Hospital. Today, in the Court of Appeal, Henry sought to appeal this acquittal. The three-judge panel, comprising Mr Justice George Birmingham, Mr Justice Garrett Sheehan, and Mr Justice John Edwards, raised immediate jurisdictional concerns. Counsel for the Director of Public Prosecutions, Úna Ní Raifeartaigh SC, described the situation as very unusual, noting that the right to appeal typically arises only upon conviction. The judges observed that Henry was not a convicted person regarding the murder charge; rather, he was liable to detention at the State's discretion without a criminal record, meaning the State had vindicated his good name. Consequently, the court did not determine the appeal on its merits. The matter was adjourned and put back to March 5 next.
Liam Brien, 44, was convicted of 22 counts of sexually assaulting four young girls between 1996 and 2006 in Killimor. After a five‑day trial at Galway Circuit Criminal Court, he received an eight‑year prison sentence on 17 March 2013. Brien appealed, arguing that the indictment should have been severed and the cases tried separately. The Court of Appeal upheld the conviction but reduced the sentence by three years. The appeal judge noted that the joint trial was appropriate because the abuse involved a systematic pattern of grooming, use of computer games, and repeated sexual contact with the children. The new sentence is six years' imprisonment, with the final 12 months suspended on the condition that Brien keeps the peace, behaves well, seeks transfer to Arbour Hill prison, and completes the sexual offenders programme there. Liam Brien pleaded not guilty.
In February 2015 the Court of Appeal ordered the return of 71‑year‑old former hurling coach James Maher to prison after finding his original two‑year sentence for indecently assaulting two boys between 1982 and 1985 too lenient. Maher had pleaded guilty to 18 counts and received a concurrent two‑year term on each count in 2013. The Director of Public Prosecutions appealed, arguing the sentence was unduly light. The Court of Appeal agreed, increasing the sentence by one year and ruling that the maximum penalty for indecent assault on a male in the 1980s was two years, not ten as the DPP had suggested. The court noted that the 1981 legislative change had equalised the maximum penalty for males and females, and that a 2007 judgment had limited the penalty for males to that for females. The decision was delivered by Mr Justice Seán Ryan, with Mr Justice Garrett Sheehan and Mr Justice John Edwards.
Martin Reilly, 27, of Father Matthew Court, Tipperary Town, was convicted of burglary at a private home on Cashel Road, Clonmel, on 27 June 2011. He was found guilty by a jury at Clonmel Circuit Criminal Court and originally sentenced to eight years' imprisonment, with the final two years suspended. In the Court of Appeal, Reilly's conviction was upheld but his sentence was reduced by two years. The Court, led by Mr Justice George Birmingham, noted that the victim was a restaurateur who discovered his house "upended" and his life savings of €35,000 had been taken. Gardaí recovered the money after Reilly fled, dropping the bag into nettles. The Court considered Reilly's prior convictions and, after reviewing the case, imposed a new sentence of six years' imprisonment, with the final two years suspended. The appeal was heard by Mr Justice Birmingham, Mr Justice Seán Ryan and Mr Justice Garrett Sheehan. Martin Reilly pleaded not guilty.
Christopher Coakley, a 23‑year‑old heroin addict, pleaded guilty to unlawfully seizing a woman's car with her child in the back seat on 5 August 2012. He was sentenced to three years' imprisonment by Judge Desmond Hogan on 25 February 2013. The Director of Public Prosecutions appealed, arguing that the judge had not adequately considered Coakley's 92 prior convictions and the fact that he had previously received a fully suspended five‑year sentence. The Court of Appeal, led by Justice Seán Ryan, agreed that the original sentence was unduly lenient and ordered a new sentence to be imposed on 27 March. Coakley has been a heroin addict since age 13 and has spent most of his life in custody since age 14. He has been drug‑free since September, according to his mother, Paula Johnston. The Court of Appeal has remanded him in custody pending the new sentence.
In 2015 a 46‑year‑old man, who had been jailed for six years for neglecting his children, sought to appeal a separate 12‑year rape conviction. The conviction stemmed from a retrial in 2011 where he was found guilty of raping his then eight‑year‑old daughter. He had pleaded not guilty to the rape charge and to an indecent assault charge, the latter of which he was cleared. The appeal argued that the trial judge erred by refusing to direct the jury to acquit, rendering the verdict perverse. His barrister claimed the victim's evidence was "extraordinary, bizarre, contradictory, incredible" and that allowing it questioned the system. The Director of Public Prosecutions countered that the jury was best placed to assess credibility and that the judge had summarised all evidence, including inconsistencies. The Court of Appeal would reserve judgment until March.
Barry Doyle, aged 29, was convicted of murdering rugby player Shane Geoghegan in 2008 and received a mandatory life sentence in 2012. Doyle now appeals his conviction to the Court of Appeal, arguing that Gardaí induced him to admit guilt during interviews. His counsel, Martin O'Rourke SC, contends that Doyle's admissions were obtained through non‑voluntary means, citing threats, psychological pressure, and the use of his child's mother, Victoria Gunnery, as a tool of intimidation. Doyle allegedly was told Gunnery was in custody away from their child, and that he could influence her release by confessing. O'Rourke claims Doyle was denied reasonable access to legal advice during the 14th and 15th Garda interviews, where he ultimately waived his right to silence. The Director of Public Prosecutions has not yet responded, and the appeal will be heard next week by the Court of Appeal judges. Barry Doyle pleaded not guilty.
In 2015 the Court of Appeal set aside Christopher Crowe's conviction for sending a menacing telephone message to Detective Sergeant Denis Smith. Crowe, aged 34, had pleaded not guilty to threatening the detective on 27 November 2008. A jury at the Dublin Circuit Criminal Court found him guilty and sentenced him to three years' imprisonment in December 2011. The appeal court held that the detective's identification of Crowe's voice from a garda interview video should not have been admitted to the jury. The judge said the identification process lacked safeguards and risked subliminal bias, as Crowe was the only suspect. The court concluded the evidence did not meet minimum fairness standards, so the conviction was quashed and Crowe was released from custody. The case highlighted the need for procedural safeguards in voice‑identification evidence.
Greg Crawford, aged 27, of St Munchin's Street, Limerick, has applied to the Court of Appeal to overturn his 2012 conviction for the murder of Gareth Brosnan‑Grant on 8 October 2007. He pleaded not guilty at the Central Criminal Court and was sentenced to life imprisonment by Mr Justice Paul Carney. Crawford's barrister, Brendan Grehan SC, argues that the identification of Crawford by witnesses was flawed and that the judge failed to give an adequate identification warning contextualised to the case. He also contends that Gardaí's illegal entry into Crawford's grandparents' home after the shooting violated the law, citing the nullification of the power under section 29 of the Offences Against the State Act. The Director of Public Prosecutions' counsel, Thomas Creed SC, maintains that the judge properly warned the jury and that circumstantial evidence, including a firearm found in the grandparents' house, supports the conviction. The Court will reserve judgment until 16 February.
Alan Boggans, aged 39, appealed a 13‑year imprisonment sentence for possessing €1.9 million worth of cannabis resin. He argued that the warrant used to enter the premises at Celtic Truck Wash was issued after the search had begun, rendering the operation unlawful, and that the warrant was issued by a Garda who had been involved in the investigation, violating the independence requirement set out in the Supreme Court's Damache ruling. Boggans' counsel also contended that the trial judge failed to allow cross‑examination of a Garda who claimed to have seen Boggans run across a Mercedes van containing the drugs, and that the CCTV evidence was not fully disclosed. The Director of Public Prosecutions countered that the warrant was issued in an urgent situation and that all relevant evidence had been properly disclosed. The Court of Appeal reserved judgment for a February hearing. Alan Boggans pleaded not guilty and was found guilty.
In 2011, George Arundel, 27, was found guilty of attempted rape, sexual assault, rape and false imprisonment at Tinker's Field, Cork, and sentenced to ten years' imprisonment in 2012. He appealed to the Court of Appeal, arguing that the jury's verdict was perverse and that inconsistencies in the victim's testimony undermined the conviction. The Court of Appeal dismissed his appeal, stating that any inconsistencies were matters for the jury and that the evidence was substantially consistent. Arundel also appealed his sentence on the basis of mitigating circumstances, including his age and drug addiction, but the Court of Appeal upheld the original sentence, finding no error in the sentencing process. The appeal was dismissed, and Arundel remains in prison to serve the remainder of his term. George Arundel pleaded not guilty.
Fred Forsey Jnr, a former Fine Gael Councillor aged 45, was convicted in 2006 of receiving three corrupt payments totalling €80,000 from a property developer. A jury at Waterford Circuit Criminal Court found him guilty and he was sentenced to six years' imprisonment, with the final two years suspended by Judge Gerard Griffin on 27 June 2012. In October 2012, the Court of Criminal Appeal granted him an extension to appeal his conviction and sentence. The Court of Appeal has scheduled his appeal for 18 May, with counsel for both sides agreeing to the date. Fred Forsey Jnr pleaded not guilty.
Lee McDonnell, 23, of Ballyfermot, pleaded guilty to possession of an imitation firearm with intent to rob Sarsfield Service Station, robbery of cigarettes and a sunglass case, and robbery of a shop assistant on 21 January 2012. He received a six‑year sentence, with three years suspended, on 19 November 2012. The Director of Public Prosecutions appealed that the three‑year jail term was too lenient. The appeal was scheduled for December but McDonnell did not appear; the court agreed to hear the application on 15 May. No reason was given for his absence.
Patrick O'Brien, aged 74, was sentenced by the Court of Appeal to 12 years' imprisonment with a three‑year suspension, following a review of his original 12‑year custodial sentence that had been deemed too lenient. The appeal court confirmed the custodial term and adjusted the suspended period from nine to three years. O'Brien had pleaded guilty to 16 counts of rape and indecent assault of his daughter, Fiona Doyle, committed in the 1970s and 80s. The judge noted O'Brien's serious health problems and advanced age but ruled that these did not preclude imprisonment. The sentence was imposed on the same conditions as the original, with O'Brien required to post a €100 bond and remain in custody from the date of release. The court emphasised that the guilty plea was a mitigating factor in determining the final sentence. The decision was made by Mr Justice Seán Ryan, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon.
John Walsh, 49, appealed his murder conviction, arguing that Gardaí had "harvested" evidence after misleading his solicitor about the nature of his arrest. He was arrested on a bench warrant for failing to display a valid NCT certificate, and his solicitor, Frank Buttimer, was told this was the only issue. While in custody, Walsh provided five sets of material evidence related to the murder of John McManus, which the appeal contends was done without meaningful legal advice. The appeal cites the Supreme Court's Gormley ruling, which requires suspects to receive meaningful legal advice before interrogation. The Court of Appeal has reserved judgment, with a decision expected "as soon as possible.".
Daniel Prenderville, 27, of Crumlin, was convicted in 2013 of possession of a loaded firearm, possession of ammunition, unlawful use of a vehicle and dangerous driving after he rammed a Garda patrol car with a stolen Audi A3 in Ballycullen on 6 September 2012. The original sentence was six years' imprisonment with the final 18 months suspended. The Court of Appeal, citing an application by the Director of Public Prosecutions, increased the sentence to seven years' imprisonment, finding that the trial judge had erred in suspending part of the term because no exceptional circumstances were identified. The appeal court held that the offence should be viewed at the top of the scale, and the new seven‑year term replaced the original sentence. The case involved a loaded Baikal pistol with a silencer, three bullets in the magazine and one in the chamber, and the firearm's serial number had been removed. Daniel Prenderville pleaded guilty.
At the appeal stage, Mark Farrelly (43) and Christopher Corcoran (67), previously convicted in 2009 for their roles in a 2005 tiger raid involving the robbery of €2.28 million from Mr Richardson and Securicor Security Services Ireland Ltd, were found not guilty by direction. The ruling followed a decision by Judge Mary Ellen Ring that mobile phone records could not be used as evidence in the case. Both men had pleaded not guilty to the charges of falsely imprisoning the Richardsons at Ashcroft, Raheny on the night of March 13 and 14, 2005, and the robbery of €2.28 million in cash. They had been sentenced to 25 years and 12 years respectively in 2009, but their convictions were overturned in 2012 due to a Supreme Court ruling on the unconstitutionality of search warrants. A retrial in 2013 ended in a hung jury. The current appeal concluded with the matter being adjourned, as the jury was directed to find the men not guilty, and no retrial will take place. The legal argument centred on the admissibility of mobile phone records, with the defence relying on the 1992 Cochrane ruling. The case has had a lasting impact on the Richardson family, who have not retrieved the stolen cash and continue to be affected by the events ten years later.
The Court of Appeal has reserved judgment on the appeal of a Dublin man who was convicted of sexually abusing his former partner's six daughters. He pleaded not guilty to 60 counts of sexual assault between 1995 and 2005, but a jury found him guilty on all counts and he was sentenced to seven years' imprisonment, with the final two years suspended by Judge Desmond Hogan on 29 November 2011. The appeal, heard today, is primarily a matter of law. The Director of Public Prosecutions has an undue‑leniency application that will be considered after the appeal. Senior counsel Giollaíosa Ó Lideadha argued that the trial judge erred in not giving a clear warning about the dangers of convicting on uncorroborated evidence, while counsel for the DPP maintained that the jury was properly advised about collusion and the need for corroboration. The Court will reserve judgment for a future date.
Michael Butler, aged 33, was convicted of serious assault for stomping on the head of Billy Barry in Cork on 25 July 2010. He had pleaded not guilty but was found guilty by a jury at Cork Circuit Criminal Court and sentenced to 15 years imprisonment by Judge Seán Ó Donnabháin on 2 March 2012. Butler appealed the conviction but the Court of Appeal upheld the conviction. The Court of Appeal, however, reduced the 15‑year sentence to eight years, citing that the assault was an instance of "excessive self‑defence". The court noted that Butler was attacked with a knife twice, that he saw his mother and girlfriend being assaulted, and that he was acting in a context where armed men had appeared. The judge stated that the original sentence did not adequately consider the surrounding circumstances and that the incident was not created by Butler.
Joseph Cullen, 46, was convicted of assault causing serious harm to Kevin Byrne, who was hit by a car and lost his foot. Cullen pleaded not guilty to alternative counts of assault causing harm and assault causing serious harm. A jury found him guilty and Judge Patricia Ryan sentenced him to 12 years imprisonment on 20 December 2010. Cullen appealed the conviction but the Court of Appeal upheld the conviction and reduced the sentence to nine years imprisonment. The appeal was based on the argument that the prosecution had not indicated joint enterprise until the closing speech, and that Cullen had no basis to believe he faced both counts. The Court of Appeal found no ambush and that the charges were alternatives, but that the original sentence was too high. The new sentence of nine years was imposed by the Court of Appeal.
In an appeal-stage proceeding, Ms Justice Aileen Donnelly sought clarification regarding the case of Ali Charaf Damache, an Algerian-born Irish citizen wanted in the US for conspiracy to provide material support to terrorists and attempted identity theft. The judge requested up-to-date US statistics on how many individuals convicted of similar Islamist terrorism offences are transferred to the ADX Supermax Prison in Florence, Colorado, and their progression through the system. This inquiry follows concerns raised about the prison's conditions, including solitary confinement and barriers to religious observance. The matter was adjourned and placed on the extradition case list for mention on February 3, with Damache remanded in custody until then. The court noted that if convicted in the US, Damache could face up to 45 years in jail. The US alleges he conspired with Colleen LaRose, who pleaded guilty to a plot to murder cartoonist Lars Vilks and was sentenced to ten years, and Jamie Paulin Ramirez, who pleaded guilty to providing material support to terrorists and was sentenced to eight years. Separately, Damache had previously pleaded guilty in Ireland to sending a menacing phone call to US activist Majed Moughni in January 2010, for which he was sentenced to three years.