Derek Smith (33), of Holly Road, Donnycarney, was granted bail by the new Court of Appeal following a finding of error in his sentence. Smith had pleaded guilty at Dublin Circuit Criminal Court to demanding money with menaces at a house in Whitehall, Dublin 9 on September 26, 2013. He was sentenced on November 19, 2014, to three years imprisonment with the final 18 months suspended by Judge Mary Ellen Ring. Smith, represented by Ms Anne-Marie Lawlor BL, lodged an appeal against sentence on Monday, November 24, and his case was dealt with today during the appeal stage. Appeal Mr Justice Seán Ryan, who sat alongside Mr Justice Garrett Sheehan and Mr Justice George Birmingham, stated the trial judge had erred in principle and Smith was granted bail until the court imposes a new sentence. Smith was granted bail on his own bond of €100, ordered to keep the peace and be of good behaviour, and to attend court on the next date. The matter was adjourned.
Two men, Jason Keogh (50) of Laytown, Co Meath, and Niall O'Leary (42) of Castledermot, Co Kildare, each pleaded guilty to possession of drugs for sale or supply at Bettystown, Co Meath, on 20 July 2011. They were each sentenced to 13 years' imprisonment, with the final three years suspended, by Judge Michael O'Shea at Trim Circuit Criminal Court in 2012. The Court of Appeal dismissed their appeals against the sentence. The case stemmed from a Garda National Drugs Unit surveillance operation in Swords, Co Dublin, where Keogh was seen collecting seven blue barrels of cannabis from an industrial estate and transporting them to a rented house in Bettystown. A search warrant led to the discovery of about 100 kg of vacuum‑packed cannabis, estimated at €1.2 million street value. Keogh and O'Leary were paid €5,000 and €2,500 respectively for their roles.
The High Court in Dublin has begun hearing the extradition case of Ali Charaf Damache, an Algerian-born Irish citizen wanted by the US on international terrorism charges. This is the second hearing following a Supreme Court appeal where Damache successfully challenged the DPP's decision not to prosecute him in Ireland. The Supreme Court directed that the case proceed before a different judge, Ms Justice Aileen Donnelly, who commenced the proceedings. The US alleges Damache conspired to provide material support to terrorists and attempted identity theft to facilitate international terrorism. Prosecutors stated he contacted Colleen LaRose, known online as "Jihad Jane," claiming to be a "devoted jihadist." It is alleged he arranged for LaRose to travel to the Netherlands and Ireland to avoid US scrutiny and planned to form a terrorist cell, including seeking military training in Pakistan. LaRose was separately sentenced to 10 years in prison last January after being convicted of planning to murder Swedish cartoonist Lars Vilks. Damache's defense argued that US sentencing guidelines are fundamentally flawed compared to Irish standards. If convicted in the US, Damache faces up to 45 years in jail. He has been in custody since 2012 pending the extradition outcome. The court remanded Damache in continuing custody, and the matter was adjourned to continue tomorrow.
Two teenage men, Adam Heneghan (21) and Colin O'Sullivan (22), had their suspended prison sentences increased by the Court of Appeal after they sexually assaulted one woman and assaulted another with a bottle in Cork on 3 December 2011. Heneghan pleaded guilty to assault causing harm and sexual assault, receiving a nine‑year sentence with the final year suspended; O'Sullivan was found guilty by jury of assault causing harm and later pleaded guilty to sexual assault, receiving a ten‑year sentence with the final year suspended. The Court of Appeal, citing the seriousness of the offences and the defendants' youth, lack of prior convictions, and O'Sullivan's developmental issues, increased the suspended portions: Heneghan's suspended period was raised to four years, and O'Sullivan's to three‑and‑a‑half years. Both men will serve the remaining custodial time and have bonds of €1,000 to maintain good behaviour. The appeal was upheld on 25 November 2014.
The extradition case against Eric Eoin Marques, an Irishman alleged to be 'the largest facilitator of child porn in the world', has been adjourned until December 9. The 28-year-old, residing at Mountjoy Square in Dublin, is wanted in the US for conspiring to distribute and advertise child pornography. He has been in custody since his arrest in August last year, with bail refused due to concerns over flight risk and potential interference with evidence. The case was adjourned following a delay in processing before the Court of Appeal. Mr Justice John Edwards remanded Mr Marques on the same terms until the adjourned date. Previously, the DPP had decided not to bring proceedings against Mr Marques, but a detailed letter indicated he would plead guilty if prosecuted. Mr Marques sought judicial review of the DPP's decision, but leave was denied. However, following a recent ruling in the case of Ali Charaf Damache, the State accepted Mr Marques should be granted leave for judicial review. The charges relate to hosting and facilitating child pornography on over a hundred anonymous websites, with allegations that Mr Marques had direct knowledge and administrator access. The court heard that if convicted, Mr Marques could face a sentence totaling 100 years.
Thomas Corcoran, aged 22, was originally sentenced to three years' imprisonment with the final year suspended for assault causing serious harm to a man in Kilkenny town, where the victim lost a significant portion of his ear. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, hearing the appeal on 24 November 2014, set aside the original sentence and imposed a new five‑year term, suspending the last two‑and‑a‑half years. Corcoran entered a €100 bond to keep the peace and be of good behaviour during the suspended period. The appeal court noted the violent nature of the assault and the victim's long‑term physical and psychological consequences, while also recognising mitigating factors such as Corcoran's remorse, good conduct in prison, and participation in rehabilitation programmes. The victim was present at the appeal hearing. Thomas Corcoran pleaded not guilty.
Wesley O'Brien, aged 25, was sentenced to six years in prison for violent disorder and 3½ years for intentionally causing harm after assaulting Michael Connors in his home on 14 March 2009. The Court of Appeal reduced the violent disorder sentence to four years, keeping the 3½‑year term for harm. The appeal was based on the claim that O'Brien's conduct, involving a knife, was distinct from other participants, and that his sentence should match that of a co‑accused who received a similar sentence in Wicklow. The judge noted O'Brien's assault involved sticks, golf clubs and a knife, causing severe injuries to Connors. Emma O'Brien, 32, withdrew her appeal and her six‑year sentence was upheld. The final sentence for O'Brien is four years for violent disorder, with the 3½‑year term for harm remaining. Wesley O'Brien pleaded guilty and was convicted. Emma O'Brien pleaded guilty.
In November 2014, Mark Mahony, aged 34, and Jason Brennan, aged 33, were convicted of possessing €3.5 million worth of cocaine and heroin. Both were sentenced to 13 years' imprisonment, with a three‑year portion suspended, by Judge Martin Nolan at Naas Circuit Criminal Court. The pair had met in the car park of a service station in Naas on 17 January 2013, where they transferred boxes of drugs to Mahony's car. They were arrested as they tried to leave the car park. The drugs were valued at €488,761 of cocaine and just over €3.1 million of heroin. Both men appealed, arguing the sentence was excessive and that mitigating factors had not been adequately considered. Judge Garrett Sheehan rejected the appeal, noting that neither had prior convictions, that Mahony had worked from age 15 and had been drug‑free at sentencing, and that Brennan had worked steadily from 2003 to 2012 and had a family. Mark Mahony pleaded guilty. Jason Brennan pleaded guilty.
Adiodan Kamoru Kareem, 36, was sentenced to ten years' imprisonment for possessing €1.4 million worth of cocaine with intent to sell or supply. He pleaded guilty in May 2011 and was convicted by Judge Michael O'Shea at Trim Circuit Court on 17 February 2012. The appeal against the sentence was dismissed by Mr Justice Seán Ryan on 24 November 2014. Ryan described Kareem as a "devoutly religious" man who had no history of drinking or smoking. He was "caught red-handed" when Gardaí seized a false diplomatic package that had been delivered to a car park in Navan, from which Kareem collected a car and drove to an apartment where a search uncovered the cocaine, €100,000 in cash, mixing agents, a pharmaceutical drug, plastic bags and other paraphernalia. The Court of Appeal confirmed that the mandatory minimum of ten years was justified and that the circumstances did not render the sentence unjust.".
Alan Bradley, currently serving a prison sentence, has brought a High Court action against the Minister for Justice and Equality, the Irish Prison Service, and the Governor of Portlaoise Prison to compel the provision of orthodontic treatment. Bradley, who is incarcerated at Portlaoise, alleges that despite an independent expert report confirming his entitlement to treatment under HSE criteria, his request has been denied. His counsel, Dominic McGinn SC, argued that the failure to provide care is irrational and unreasonable, noting that Bradley has suffered severe pain for over a year. Mr Justice Paul McDermott granted leave to bring the application on an ex parte basis and adjourned the matter to a date in mid-December. The court heard that Bradley pleaded guilty in 2012 to conspiring to steal cash from a Chubb Ireland security van in 2007. Judge Tony Hunt originally sentenced him to nine years, with the final two suspended. On appeal, the Court of Criminal Appeal reduced this to eight years, with the final 18 months suspended. His brother, Wayne Bradley, also pleaded guilty to the offence. He was initially sentenced to seven years with 18 months suspended, a term the CCA reduced to six years with the final year suspended. Three other men, including a Chubb employee, were also sentenced for their roles in the incident.
In a Dublin suburb, a 43‑year‑old man was found guilty of sexually assaulting a neighbour while her eight‑year‑old son lay in bed beside her. He had been drinking and claimed he thought the victim was his partner. The boy woke to find the man in the bed, tried to stop him, and the neighbour arrived minutes later, after which the man left. The DPP appealed a two‑year suspended sentence, arguing the offence was more serious because it occurred in the victim's home while her child was present. The Court of Appeal agreed, increasing the suspended sentence to four years, which was then fully suspended and back‑dated to July 2013. The judge noted the man's guilty plea, cooperation, and remorse, but also his single prior conviction and relocation. The victim's father expressed distress at the man walking out of court. No jail time was imposed.
In a 2014 appeal, the Court of Appeal upheld a seven‑year prison sentence for Paul Rice, 28, who pleaded guilty to the manslaughter of his best friend Keith Mills, 22, in Ayrfield, Dublin, on 22 December 2008. The original judge, Ms Justice Margaret Heneghan, had suspended the final two years of the term. Rice's conviction followed an assault that began after a two‑day drinking binge, during which Mills was struck with a belt and subsequently suffered severe traumatic brain injuries, leading to his death ten days later. Rice initially offered a false account of the incident but later pleaded guilty. The appeal, brought by the Director of Public Prosecutions, was dismissed; the Court of Appeal found no error in principle in the sentencing judge's decision. Rice remains in custody to serve the remainder of his sentence.
The High Court in Dublin has ordered the extradition of two convicted murderers to the United Kingdom, though a stay has been placed on their surrender pending appeal. Mr Justice John Edwards directed that Anthony Craig, aged 66, and Michael Anthony Balmer, aged 62, be surrendered to UK authorities. Craig was convicted of murder in Blackburn in 1973, while Balmer received a life sentence in 1984 for a fatal attack in Devon. Craig, who escaped from British custody after serving 28 years and subsequently lived in Cork and Leitrim, was arrested in Dublin in February 2013. Balmer, released on licence in 2012, was arrested in Cork after his licence was revoked. The judge granted Craig bail under strict conditions during the stay. Mr Justice Edwards determined that constitutional questions raised by the defence warranted referral to the Supreme Court as matters of exceptional public importance.
A man from Drumshanbo, County Leitrim, has had his sentence reduced by two years following an appeal against his conviction for dangerous driving causing death. James McDonagh, aged 54, pleaded guilty to causing the death of Jonathan Gray on St Patrick's Day 2010 on the Hilly Road in Drumshanbo. McDonagh was originally sentenced to seven years imprisonment, with the final eighteen months suspended, at Carrick-on-Shannon Circuit Criminal Court in May 2012. The Court of Appeal has now reduced this to five years with one year suspended. The President of the Court of Appeal found that the trial judge erred in principle by beginning sentencing at the maximum point of the scale. The court noted McDonagh's guilty plea, his engagement in rehabilitation during incarceration, and positive references. However, the judges emphasised the serious nature of the offence, noting McDonagh was heavily intoxicated and had left the scene. His ten-year driving disqualification remains in effect.
In November 2014 the Court of Appeal reduced the sentence of Marius Strelciunas, 33, who had been jailed for five years for dangerous driving causing serious bodily harm to a 22‑year‑old college student on 23 December 2012. Strelciunas, who was approximately four‑and‑a‑half times over the legal alcohol limit, struck the victim on a path while driving toward Barna, leaving the victim with one leg amputated above the knee and the other below the knee. The appeal court found that the trial judge had erred in principle by not giving sufficient weight to mitigating factors such as Strelciunas' early guilty plea, remorse, and only one minor prior conviction. Consequently, the court suspended three of the five years of the original sentence and reduced the 20‑year driving ban to five years, back‑dating both the sentence and the disqualification to 29 January 2014.
Trevor Williamson, a 48‑year‑old taxi driver from Carrigaline, Co. Cork, was sentenced to ten years' imprisonment with the final two years suspended by Judge Patrick Moran in the Cork Circuit Criminal Court in May 2014. The sentence followed his conviction for possession of 99 kg of cannabis resin, valued at €594 000, found in nine boxes he had taken from a house during a Garda surveillance operation. Williamson's co‑accused was given a wholly suspended sentence. The Court of Appeal rejected Williamson's appeal, noting that the sentence was not excessive but that there was a significant disparity between his sentence and that of his co‑accused. The judge highlighted that Williamson had recruited the co‑accused and that the quantity and value of the drugs were substantial, justifying the imposed term within the statutory range for the offence. The appeal was dismissed by Mr Justice George Birmingham.
In March 2015 the Court of Appeal will hear the State's motion to strike out Joe O'Reilly's appeal against his 2007 conviction for the murder of his wife, Rachel O'Reilly. O'Reilly, aged 41 at the time of the trial, was sentenced to life imprisonment after a jury found him guilty of killing his wife in their Naul home. The appeal, lodged under Section 2 of the Criminal Procedure Act 1993, seeks to have the conviction declared a miscarriage of justice. The State has counter‑submitted a motion to dismiss the appeal. The hearing date of 3 March was agreed by counsel for both parties. O'Reilly was not present at the hearing. He had previously lost an appeal in 2009 and a further attempt in August 2012 to have his conviction quashed, and in November 2012 he was granted legal aid to pursue the miscarriage‑of‑justice claim after the State had not objected.
Brian Meehan, aged 47 and serving a life sentence in Portlaoise prison for the 1996 murder of journalist Veronica Guerin, has applied to quash his 1999 conviction on the grounds of a miscarriage of justice. The appeal is based on new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan, who was acquitted of Guerin's murder but convicted of cannabis importation. Meehan's case, brought under Section 2 of the Criminal Procedures Act, argues that the new facts disclosed in Gilligan's trial demonstrate that his conviction was wrongful. The Director of Public Prosecutions had previously sought to dismiss the application, but the Court of Criminal Appeal refused that motion earlier this year. Submissions for Meehan's appeal are nearly complete, and the Court of Appeal has listed the case for mention again on December 15, with a hearing date to be fixed thereafter. The appeal remains pending, and no further outcome has been announced.
A Lithuanian national has failed in his appeal against a six-year custodial sentence imposed for cannabis cultivation offences in Donegal. Andrias Gruodis, aged 35, with an address in Ballybofey, had pleaded guilty in Letterkenny Circuit Court to possession of drugs for sale or supply and cultivation of cannabis. Judge John O'Hagan imposed concurrent six-year terms in July 2011 for the operation of a "grow house" where drugs valued at less than €24,000 were produced. The Court of Appeal heard that Gruodis had fully cooperated with gardaí and submitted that duress had played a role, with an undesirable element pressuring his sister. His barrister argued for a suspended sentence and voluntary deportation. The Director of Public Prosecutions countered that the offence was inherently serious, premeditated, and involved deliberate measures to evade detection. Mr Justice Garrett Sheehan, sitting with the President and two colleagues, found the sentence proportionate and dismissed the application.
A 38‑year‑old former jockey received a wholly suspended five‑year prison sentence for sexually assaulting his female housemate in October 2005. He pleaded guilty at the Central Criminal Court. The Court of Appeal reserved judgment on an application by the Director of Public Prosecutions, who argued the sentence was unduly lenient. The appeal hearing included the President, Mr Justice Seán Ryan, and Justices George Birmingham and Garrett Sheehan, who questioned the trial judge's remarks that the victim might have been "extremely naïve." Paul Greene SC for the DPP highlighted conflicting accounts, noting both parties were intoxicated, which could aggravate the offence. Isobel Kennedy SC for the accused argued the trial judge had carefully considered the case, including the accused's prior record and the seven‑year delay between the offence and trial. The Court of Appeal will decide on the sentence's severity no earlier than 22 November 2014.
In a 2014 appeal, a man who had been sentenced in 2012 to two years' imprisonment for five counts of sexual assault on three young children while babysitting them had the balance of his sentence suspended. The offences, committed in 1992 and 1993 when the victims were aged between four and ten, were pleaded guilty by the unnamed defendant. He had served 17 months in custody before being released on bail and had only a few weeks remaining on his sentence. The Court of Appeal, hearing the case on 13 November 2014, noted mitigating factors including the defendant's age at the time of the offences, his subsequent family life, clean work record, and the fact that he had been a victim of sexual abuse himself. The court, led by Mr Justice George Birmingham, suspended the remaining term and released him on a €100 bond, conditional on keeping the peace for one year.
In November 2014 the Court of Appeal dismissed the appeal of John Cully, a 43‑year‑old Dublin resident, who had been sentenced to eight years in prison for endangerment after he rammed a Garda patrol car in a stolen jeep on Halloween 2011. Cully had pleaded guilty to endangerment on 31 October 2011 and to using a stolen car and driving on a footpath on 17 June 2012. The original sentencing judge imposed four years for each offence, with the last two years suspended, and an eight‑year driving disqualification. The appeal was rejected because the Court of Appeal found no error in the trial judge's decision, noting Cully's guilty plea, expressions of remorse, difficult personal circumstances, serious health problems, and a history of 41 convictions, including ten for unlawful vehicle taking and a ten‑year robbery sentence. The Court of Appeal therefore upheld the eight‑year sentence and the suspended portion.
A man from Killeshandra in County Cavan has had his sentence reduced by three years following a successful appeal at the Court of Appeal. Malachy Boyle, aged 45, was originally sentenced to ten years imprisonment with three years suspended in July 2010 for transporting cannabis valued at over €400,000 from England to Ireland in his lorry. He had pleaded guilty at Dublin Circuit Criminal Court to possessing 47 kilograms of cannabis resin and 10.7 kilograms of cannabis herb discovered at Airside Retail Park in Swords, County Dublin in October 2009. The Court of Appeal found the original sentence excessive and disproportionate. The presiding judge noted that Boyle had pleaded guilty at the earliest opportunity, displayed significant remorse, and was a man of good character who had been on temporary release since December 2013, working in the community. The court imposed a new sentence of seven years with two years suspended, dating from July 2010.
Keith Meehan, aged 36, was sentenced to ten years' imprisonment with the final three years suspended for five robberies, one attempted robbery and six counts of possessing imitation firearms between 2010 and 2011. The Court of Appeal rejected his appeal, finding the sentence imposed by Judge Martin Nolan appropriate. Meehan's convictions included robbery, attempted robbery and possession of imitation firearms, with 61 prior convictions, 16 of which were for robbery. He had entered a service station, an off‑licence, a shop, a bookmaker's and two pharmacies with imitation firearms, robbing a pharmacy of 700 tablets and €900, a service station of €900, and a shop of cigarettes and €600. He also attempted to rob a pharmacy in April 2011, but the owner triggered an emergency alarm. Meehan's early guilty plea was noted to have saved the State three trials with 53 witnesses. The court noted his serious drug addiction at the time of the offences.
John Paul Maughan, aged 33, had his five‑year burglary sentence reduced to three years by the Court of Appeal. Maughan was convicted in December 2013 of burglary and threatening to kill at a Temple Bar premises. The original sentence, imposed by Judge Patrick McCartan, was five years imprisonment with the final year suspended for burglary and three years for threatening to kill. On appeal, barrister Luigi Rea argued that Maughan had no intention to rob the premises and that the offence was committed while he was on bail. Judge Seán Ryan found that the trial judge had erred in principle by sentencing Maughan to five years, noting the seriousness of burglary and Maughan's extensive criminal record. The Court therefore reduced the burglary sentence to three years, which Maughan will serve consecutively with the three‑year threatening‑to‑kill term. The reduction was based on the circumstances of the crime and the need to protect the community.
Stephen Geraghty, aged 50, was sentenced in 2011 to 12 years' imprisonment for possession of over €4 million worth of cannabis and €350 000 worth of cocaine. In 2014 the Court of Appeal reserved judgment on an issue concerning the Misuse of Drugs Act as amended by the Criminal Justice Act 2007. The question was whether a person could be convicted of a second offence under the Act when no prior conviction under the Act existed. Geraghty had not been convicted of the first offence and was on bail when the second offence was committed. He had absented himself from jurisdiction in September 2004, turned himself in in 2009, and was arraigned on both charges on 2 February 2010, pleading guilty.
In a 2014 appeal, the Director of Public Prosecutions failed to overturn a sentence imposed on Peter Rynne, a 56‑year‑old convicted of indecent assault on his step‑daughter between 1985 and 1990. Rynne was found guilty on four counts, with the victim aged between eight and thirteen. The judge, Carmel Stewart, sentenced him to two years' imprisonment, suspending the final 18 months. The DPP argued the sentence was unduly lenient, citing the victim's prolonged suffering and the impact on her family relationships. The Court of Appeal, hearing the case on its second day, upheld the judge's decision, concluding the suspension was not excessive given the circumstances. The appeal was dismissed, and the victim, who had waived anonymity, left the courtroom in tears.
Mr Justice Seán Ryan, newly appointed President of the Court of Appeal, praised the court's ambitions and intentions as large and noble. He noted that the court had begun with massive popular acclaim and that the criminal bar welcomed the appointment of the registrar, who had remained in her role. The first criminal case before the court was heard by Mr Justice Ryan, Ms Justice Mary Irvine and Mr Justice George Birmingham. Senior counsel Paul Coffey welcomed the court and highlighted the support from the criminal bar, while State solicitor Padraig Taylor conveyed the Director of Public Prosecutions' best wishes. Mr Justice Ryan expressed pride in his position and emphasized that the court would not be hampered by the scale of its task. He stated that the court would address all criminal cases and handle sentencing matters before the end of term, and that he would sit next week to set dates for conviction cases.
In a 2014 appeal, the Court of Appeal reduced the 24‑year‑old Jason Morrissey's 14‑year sentence for unlawfully killing 25‑year‑old James Tynan to ten years, while keeping his other convictions intact. Morrissey had pleaded guilty to the unlawful killing after striking Tynan with a single punch on February 19, 2012, at Liberty Square in Thurles. The court noted that the fatal blow was not a premeditated assault and that Tynan died the next day after falling to the ground. Morrissey's case also included three separate assault sentences and a theft sentence, all running concurrently, for a total of 21 years with three years suspended. The appeal was limited to the unlawful‑killing conviction, and the Court of Appeal confirmed the ten‑year sentence as appropriate and proportionate. The other convictions and their start dates remained unchanged.
In a 2014 appeal, Liam McCarthy, aged 30, failed to overturn a nine‑year sentence for assaulting army veteran Martin Butler, aged 51, with an ornamental sword. The attack, described as savage, left Butler with brain damage, partial paralysis, and permanent communication difficulties. McCarthy had previously served a suspended sentence for assault and was under its terms when he struck Butler from behind, striking the left side of his head and causing a penetrating brain injury. McCarthy pleaded guilty to assault causing serious harm, producing an offensive weapon, and violent disorder. The Court of Appeal dismissed his appeal, noting that any provocation or self‑defence was grossly excessive and that the nine‑year sentence was appropriate for the severity of the assault. The judge also observed that the earlier suspended sentence had not deterred the offence. The appeal was dismissed.
In the first criminal case heard by the new Court of Appeal, Kastriot Boza, aged 41, appealed a February 2012 sentence of six years' imprisonment with the final two years suspended for impeding a Garda murder investigation. The case concerned the murder of Peter Gunn, 29, who was found stabbed to death in Dunsoghly Lane, The Ward, on 15 January 2009 after being missing for 11 days. Boza admitted to disposing of a meat knife and a blood‑stained carpet to hinder the apprehension of the alleged murderer. He pleaded guilty on the morning of his trial, which took place in Dublin on 6 and 7 January 2009. The Court of Appeal, presided over by Justice Seán Ryan, reduced Boza's sentence to four years with the final two years suspended, noting mitigating factors such as duress, his cooperation with the prosecution, and his participation in the Witness Protection Programme.
The High Court has adjourned extradition proceedings against two convicted murderers until November 18th. Anthony Craig, aged 66, was convicted of murder in Blackburn in 1973 and escaped from an English prison before coming to Ireland, where he subsequently lived in Cork and Leitrim. Michael Anthony Balmer, aged 62, was sentenced to life imprisonment in 1984 for a killing in Devon. In July, Mr Justice John Edwards indicated he would surrender both men to UK authorities. However, their legal representatives sought to appeal to the Supreme Court, arguing the cases raise questions of exceptional public importance concerning constitutional protections against preventative detention. Mr Justice Edwards has now agreed to refer both matters to the Supreme Court on a single reformulated question relating to whether surrender would breach constitutional safeguards under Article 40.4. The cases remain adjourned pending preparation of the approved judgment, following which notice of appeal may be served.
Patrick O'Brien, aged 74, pleaded guilty to 16 rape and indecent assault charges committed between 1973 and 1982 at Mackintosh Park, Pottery Road, Dun Laoghaire. The trial judge, Mr Justice Paul Carney, described the case as one of the worst abuse cases and, considering O'Brien's health, sentenced him to 12 years in prison, suspending the final nine years and granting bail pending appeal. The DPP has appealed, arguing the sentence was unduly lenient. The State's application will be heard by the new Court of Appeal on 17 December, while O'Brien remains in prison serving the unsuspended portion of his sentence.
In a ceremony on 29 October 2014, Chief Justice Susan Denham issued a direction under Article 64 of the Constitution, determining which cases would be heard by the newly established Court of Appeal. The direction transferred 258 certified appeals to the new court, while 327 appeals deemed ready for hearing remained with the Supreme Court. The new court will hear civil and criminal matters that have not been fully or partially heard by the Supreme Court before 28 October 2014, including appeals from High Court orders in summary judgment, security for costs, common law motions, personal injury, defamation and privacy actions. It will not consider priority appeals or those with fixed hearing dates before 28 October. The Supreme Court will retain cases from the Court of Criminal Appeal, certain extradition and human trafficking matters, cases referred to the European Court of Justice, and any case stated from the High or Circuit Court.
In August 2013, Jesus Ramon Rea Rosales, 41, Master of the Spanish fishing vessel Armaven Dos, was detained by Sea‑Fisheries Protection Officers after it was discovered he had 11,888 kg of monkfish on board, exceeding the permitted 7,344 kg. He pleaded guilty in Cork Circuit Court, was fined €2,500, and had €92,500 worth of catch and equipment forfeited under Sea Fisheries and Maritime legislation. Rosales appealed to the Court of Criminal Appeal, arguing that none of the gear should have been forfeited because it was unrelated to the offence. The Court, presided over by Ms Justice Elizabeth Dunne with Ms Justice Mary Finlay‑Geoghegan and Mr Justice Michael Moriarty, rejected the appeal. The court held that penal statute must be interpreted strictly, and that any fish or fishing gear found on the boat to which the offence relates is liable to forfeiture, making forfeiture mandatory for all the fish and gear involved.
A 68‑year‑old man, Pat O'Malley, was convicted of sexual assault and sentenced to five years' imprisonment. He has appealed on the basis that the trial judge failed to protect his right to silence. The appeal argues that the prosecution's key witness and first complainant made "unwarranted and inappropriate comments" to jurors during the trial. Mr O'Malley's counsel, Patrick McGrath SC, contended that the witness's statements about the victim running to the accused were incorrect and that the judge should have discharged the jury immediately. The DPP's counsel, Paul Murray BL, countered that the witness's testimony was detailed and that the comments were specific to a particular question. The Court of Criminal Appeal refused bail pending the appeal, noting the importance of the accused's right to silence but finding the argument insufficient. The court also recommended an early hearing date due to Mr O'Malley's age and medical difficulties.
Fred Forsey Jnr, a former Fine Gael councillor aged 45, was convicted in 2012 of receiving €80,000 in corrupt payments while serving as a Dungarvan town councillor. He was sentenced to six years' imprisonment, with the final two years suspended, by Judge Gerard Griffin in Waterford Circuit Criminal Court. In October 2014, his counsel, Remy Farrell SC, applied for an extension of time to appeal both the conviction and the sentence. Farrell argued that the prosecution's case was flawed because the planning permission decision was solely the prerogative of Waterford County Council, not Dungarvan Town Council, and that the trial judge and prosecution may have misdirected jurors regarding legal changes. He also raised a second ground concerning the lack of consideration of these issues during the original trial. The court, presided over by Justice Elizabeth Dunne, Justice Mary Finlay Geoghegan and Justice Michael Moriarty, granted a seven‑day extension, allowing Mr Forsey to file his notice of appeal.
Carol Hawkins, 51, former personal assistant to U2 bassist Adam Clayton, was convicted in 2012 on 181 counts of theft from two of Clayton's Bank of Ireland accounts between 2004 and 2008, amounting to €2,869,274. She used the money to buy and maintain 22 thoroughbred racehorses, a €310,000 New York apartment, holidays, her children's education and shopping sprees, and spent €1.4 million on her credit card funded from Clayton's accounts. Hawkins was sentenced to seven years' imprisonment. In the Court of Criminal Appeal, she appealed her conviction and sentence on grounds that the trial court failed to disclose material, did not exclude witnesses, and admitted prejudicial evidence. The appeal was reserved by the three‑judge panel, with no decision announced. The case remains pending while the appeal is considered.
An application by Fred Forsey for an enlargement of time to lodge an appeal against his conviction and sentence was adjourned to October 20. The matter was heard at the Court of Criminal Appeal case management list, where the court fixed the date for the subsequent hearing. Forsey, 45, is seeking additional time to file a notice of appeal, as defendants typically have 21 days from sentencing to do so. The application arises from conflicting accounts regarding whether Forsey instructed his former solicitor, John Devane, to appeal his case. Affidavits from the accused and his solicitor have been received, and the Director of Public Prosecutions intends to cross-examine both parties at the upcoming hearing. Counsel for Forsey, Remy Farrell SC, estimated the hearing would last one hour. In June 2012, Forsey was sentenced to six years' imprisonment, with two years suspended, by Judge Gerard Griffin. He was found guilty by a Waterford Circuit Criminal Court jury of six counts of receiving corrupt payments between August and December 2006. Forsey, formerly of Dungarvan, Co Waterford, had denied taking €80,000 while serving as a town councillor. His ex-wife, Jenny Forsey, provided evidence against him during the trial. The current procedural stage is an appeal application, and the matter remains pending until the October 20 hearing.
In October 2014 the State announced it would file an application to dismiss an appeal lodged by Joe O'Reilly, who was convicted in 2007 of murdering his wife Rachel O'Reilly, aged 30, at their home in Naul, Co. Dublin. O'Reilly, then 41, had previously sought to have his conviction declared a miscarriage of justice under Section 2 of the Criminal Procedure Act 1993. The appeal had raised issues such as the book of evidence being left in the jury room and various meetings during the 2007 trial. The case had been struck from the Court of Criminal Appeal list in March 2013 and was now being reinstated for consideration. Counsel for O'Reilly, Mr Ronan Munro, presented affidavits detailing steps taken since the case was struck and requested interlocutory relief to inspect the Central Criminal Court file.
High Court judge Mr Justice John Edwards granted leave to appeal to the Supreme Court for two convicted murderers facing extradition to the UK. The applicants are Anthony Craig, 66, and Michael Anthony Balmer, 62. Craig was convicted in 1973 of murdering a man in Blackburn, England, and escaped from an English prison before being arrested in Ireland in 2013. Balmer, with a last address in Cornwall, was sentenced to life imprisonment in 1984 for killing a woman in Devon, England, in 1983. He was conditionally released in 2011, but his license was revoked in 2012, leading to his arrest in Cork. In July, Mr Justice Edwards indicated he was disposed to surrender both men to UK authorities. Counsel for both applicants argued that surrendering them to serve the balance of their life sentences, after serving the punitive tariff, would constitute preventative detention, violating Article 40.4 of the Irish Constitution. The Minister for Justice argued the issues were not of exceptional public importance. However, Mr Justice Edwards determined that the legal question was of exceptional public importance and in the public interest for the Supreme Court to decide. He reformulated the question to address whether such surrender contravenes the Constitution and is prohibited under the European Arrest Warrant Act 2003. The matter was adjourned until October 28, pending the availability of the approved judgment in the Balmer case, after which counsel may serve notice of appeal. No final order was made at this stage.
A man convicted of murder in England in 1973 appeared before the High Court in connection with extradition proceedings. Anthony Craig, aged 66, had escaped from an English prison and subsequently lived in counties Cork and Leitrim before his arrest in February 2013 on foot of a UK extradition warrant. In July, Mr Justice John Edwards determined that Craig should be surrendered to the United Kingdom authorities. Craig now seeks leave to appeal that decision to the Supreme Court. Ms Cathleen Noctor BL, representing the Minister for Justice and Equality, informed the court that written submissions from Craig's legal representatives had been received and would be reviewed. Mr Justice Edwards remanded Craig on continuing bail pending a further hearing scheduled for October 7th.
A 66-year-old man convicted of murder in England in 1977 will be extradited to the United Kingdom following a High Court decision, it was ruled on 2 August 2014. Anthony Craig, who escaped from an English prison and subsequently lived in counties Cork and Leitrim before relocating to south Dublin, was arrested in February 2013 on an extradition warrant. Mr Justice John Edwards determined that Craig's surrender was not prohibited, rejecting arguments raised by his legal team regarding preventative detention and the nature of mandatory life sentences. The judge distinguished Craig's case from previous jurisprudence on Imprisonment for Public Protection sentences, finding that UK mandatory life sentences are equivalent to their Irish counterparts. Craig will remain on bail until 8 September to allow his solicitors to review the judgment and consider pursuing an appeal to the Supreme Court. The bail conditions were tightened to require daily signing at Clondalkin Garda Station. Craig, who had served 28 years before his escape, has complied with bail requirements throughout proceedings.
Tony Walsh, a former priest known as the "Singing Priest," was convicted of raping and sexually abusing boys during the 1970s and 1980s. In 2010 he received a 16‑year sentence for raping and abusing three schoolboys, and in 2012 an additional 15‑month sentence was added for abusing two other boys. Walsh, aged 60, pleaded guilty to multiple counts of indecent assault and buggery, and had previously been convicted in 1997 of abusing six victims, initially sentenced to ten years but reduced to six on appeal. He appealed both sentences, but the Court of Criminal Appeal, presided over by Mr Justice John Murray, rejected the appeals, stating that the trial judges acted within their discretion and that the offences were of "utmost gravity" and "appalling nature." The court found no error in principle in the sentencing decisions and refused leave to appeal.
Edward Piotrowski, 48, from Edenderry, Offaly, was convicted by a Central Criminal Court jury on 25 November 2007 of three counts of rape, one count of aggravated sexual assault and one count of false imprisonment of a woman. He was sentenced to five concurrent life sentences by Mr Justice Peter Charleton in January 2010. The life sentences were imposed for the rape, aggravated sexual assault and false imprisonment, and he also received concurrent terms of 10, five and 10 years for aggravated burglary, assault and false imprisonment of the man. Piotrowski denied the charges and pleaded guilty only to the assault charge. In April 2014 the Court of Criminal Appeal upheld his conviction, finding no legitimate basis for overturning the jury's decision. Piotrowski's counsel argued that the trial judge had not explained why an extraordinary five life sentences were warranted and that the sentence lacked proportionality. The appeal focused on the life sentences and whether they were appropriate.
In 2010, a jury found freelance photographer Niall Williamson, aged 53, guilty of 85 tax‑offence charges covering 1998‑2004. He was originally sentenced in April 2012 to 240 hours of community service by Judge Olive Buttimer, who deemed imprisonment unnecessary and wanted him to teach photography. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. On 24 July 2014 the Criminal Court of the Appeal, presided over by Mr Justice Adrian Hardiman, sentenced Williamson to three‑and‑a‑half years' imprisonment, with 21 months suspended, after learning he still owed €272,936 in unpaid taxes and interest. The appeal court cited the lack of mitigating factors, the systematic nature of the fraud, and Williamson's failure to cooperate as reasons for the harsher custodial term. The new sentence replaced the original community‑service order.
In 2009, John Paul Buck, aged 34, was sentenced to life imprisonment by Mr Justice George Birmingham after a Central Criminal Court jury found him guilty of fatally stabbing 30‑year‑old Fergus Roche in a vacant house on 1 October 2005. The jury also convicted Buck of arson, for which a concurrent five‑year sentence was imposed. The post‑mortem revealed Roche died from a single chest wound before the fire, indicating he was stabbed while asleep. Buck denied involvement, but Detective Garda Larry Bergin testified that Buck confessed to the murder in August 2006 during a patrol‑car interview, describing Roche as his "best friend". The appeal, presented by Mr Michael Delaney SC, argued that the confession was improperly admitted, that the search of Buck's home was inadmissible, and that media coverage of an alleged escape attempt by Buck's brother had prejudiced the jury. The Court of Criminal Appeal reserved judgement on the appeal.
In 2014, the Criminal Court of Appeal reduced the sentences of Aurelius Zrielskies (39) and Gintautas Bagdonas (35), both Lithuanian, who had kidnapped and violently assaulted an addict in May 2010 over a €2,200 drug debt. The original trial had sentenced them to 12 years' imprisonment for false imprisonment, with two years suspended, and four years for assault. The appeal court found the judge had erred in the false imprisonment sentence, deeming a 10‑year term more appropriate. The final three years of the original sentence were suspended, and both men were required to serve an 18‑month probationary period after release. The appeal did not alter the assault convictions, which remained at four years each. The case highlighted the severity of the kidnapping and assault, as described by Garda Inspector Michael Coppinger and the DPP's counsel.
The Court of Criminal Appeal issued a supplementary written judgment outlining the obligations of prosecution counsel at sentencing. It held that counsel must bring a judge's attention to sentencing guidance beyond that provided by the court itself, including reputable analyses of typical sentences for the offence. The court emphasised that if mitigation arguments presented by the defence are deemed insignificant or not properly mitigating, prosecution counsel should address this to the judge. The judgment was delivered in the case of Adam Fitzgibbon, a 20‑year‑old Limerick man who had appealed a 15‑year sentence for an unprovoked attack on a schoolboy. The appeal court substituted the 15‑year term with nine‑and‑a‑half years imprisonment. The court also referenced other recent appeals, including those of Kieran Ryan and a life‑sentence case, to illustrate its guidance on sentencing ranges and mitigation handling.
In July 2012, three Lithuanian men – Edgaras Jurosiuniuys (24), Liutauras Meskauskas (27) and Andrius Bareikis (33) – carried out an armed robbery at Bramleys jewellers in Carlow. They entered with lump hammers, pepper spray and imitation hand guns, stole jewellery worth about €20,000 and fled in a Fiat Punto. The owner, Pat Bramley, was sprayed with pepper gas during the raid. The men were arrested shortly after and the stolen items were recovered near the motorway to Dublin. Judge Teehan sentenced Jurosiuniuys to five years for robbery and two years for assault, to run consecutively, and Meskauskas and Bareikis to seven years each. On appeal, the Criminal Court of Appeal reduced Jurosiuniuys's robbery term by one year and made it run concurrently with the assault term, giving him one year less in jail. Meskauskas and Bareikis each had one year cut from their seven‑year sentences. No portion of any sentence was suspended.