In the appeal of Pat Quirke, the Director of Public Prosecutions argued that evidence of Quirke's bad behaviour towards Mary Lowry was essential to establish his motive for murdering Bobby Ryan. Quirke, 51, was convicted of the 2011 murder of DJ Bobby Ryan, 52, who disappeared after leaving Lowry's home. Quirke's defence claimed the trial was unfair, citing evidence of Quirke removing underwear from Lowry's washing line and police suggestions of "cash on demand and sex on demand." The prosecution maintained that Quirke killed Ryan to rekindle his affair with Lowry, who had previously been his lover and financial supporter. The appeal also contested the validity of a warrant that seized Quirke's computer, arguing it was improperly framed and infringed on privacy rights. The court will consider these submissions in the ongoing appeal.
In a Court of Appeal hearing, the Director of Public Prosecutions' counsel, Michael Bowman SC, defended the fairness of Patrick Quirke's trial. Bowman argued that the trial judge correctly exercised discretion by allowing the jury to hear evidence of Quirke's "obsession" with his former lover, Mary Lowry. Lowry was involved with the deceased, Bobby Ryan, whom Quirke murdered. Quirke, aged 51, was convicted of Ryan's murder, which occurred after Ryan vanished on 3 June 2011. The body was found in a disused underground tank on 30 April 2013. Bowman continued his submissions later that day.
In the Court of Appeal, Bernard Condon SC argued that prejudicial Garda comments about Patrick Quirke's alleged cash and sex dealings should not have been allowed in the farmer's murder trial. Quirke, 51, was convicted of murdering DJ Bobby "Mr Moonlight" Ryan, 52, in 2011. Condon focused on six Garda remarks that portrayed Quirke as exploiting Mary Lowry, including a mockery question about cash and sex on demand. He also raised concerns about Garda questions implying Lowry was wronged, prurient inquiries, and a claim that Quirke's internet search on body decomposition was "blown out of the water." Condon further complained about undisclosed evidence, lack of forensic accounting, failure to search vehicles, and the trial judge's instruction that the jury could decide what happened. The appeal hearing continues tomorrow.
In the appeal of Patrick Quirke's 2020 murder conviction, counsel Bernard Condon argued that Quirke was denied a fair trial and that the conviction relied on circumstantial evidence that should not have been admitted. He contended that witness Mary Lowry was an "extraordinarily compromised witness" whose statements were inconsistent, biased, and presented as vulnerable by the Gardaí, yet the court treated her as reliable. Condon highlighted that the prosecution failed to call forensic experts on financial matters and that the jury was exposed to prejudicial comments, including a Garda remark that Quirke had "cash on demand and sex on demand" from Lowry. He also challenged the admissibility of pathologist testimony and entomological evidence, claiming the prosecution's speculative theories were unfair. The appeal will continue before a three‑judge panel.
Patrick Quirke was convicted of murdering Bobby 'Mr Moonlight' Ryan, a barrister, and is appealing the verdict. The Court of Appeal heard that the conviction relied on circumstantial evidence, including "tittle tattle" about who looked "crooked" at parties, and that some evidence was not properly proved. Quirke's counsel, Bernard Condon SC, argued that the jury heard prejudicial comments from Gardaí, such as a statement that Quirke had "cash on demand and sex on demand" from Mary Lowry. Lowry was in a relationship with Ryan at the time of his death and had previously had an affair with Quirke after her husband's death in 2007. The prosecution claimed Quirke killed Ryan to rekindle that affair. The appeal will last four days before a three‑judge panel.
In 2020, a 53‑year‑old man was sentenced to ten years in prison for 56 counts of indecent assault on his toddler cousin between 1982 and 1986. The abuse began when the victim was about two and a half and continued until she was six or seven. The man, who was 15 when the first assault occurred, forced his penis into the child's mouth and placed her on a toilet seat to facilitate the attacks. The victim, who has no recollection of a time when she was not terrified, attempted suicide at 15 and has struggled with alcohol and employment in her twenties. The Court of Appeal rejected the appellant's appeal, holding that the sentence was proportionate to the gravity of the offences and the victim's age and prolonged nature of the abuse. The appeal was dismissed by Mr Justice Patrick McCarthy.
In a Court of Appeal hearing on 9 October 2020, 39‑year‑old gangster "Fat" Freddie Thompson, who was jailed for life by the Special Criminal Court in August 2018 for the murder of David 'Daithí' Douglas, announced his intention to appeal. Douglas was shot six times on 1 July 2016 while lunching at his partner's shop in Shoestown, Dublin 8. Thompson's lawyers, Michael Finucane Solicitors, will come on record for the appeal, but have not yet filed grounds of appeal. Free legal aid has been granted to the solicitors, who will set a date for filing. Freddie Thompson pleaded not guilty.
In a 2020 Court of Appeal decision, the sentence of Ryan Compton, aged 30, was upheld at four years with two years suspended for assault causing serious harm to Nigel Walsh. Compton, a Londoner living in Cork, had stabbed Walsh five times with a four‑and‑a‑half‑inch embroidery scissors during a confrontation at Grand Parade on 22 March 2019. Walsh suffered punctured lungs, chest, back, elbow and armpit injuries and required intensive care, including a breathing tube. Compton admitted buying the scissors out of fear of Walsh's threats, which had persisted for nine months. The appeal, brought by the DPP, was dismissed after the Court of Appeal found the original sentence appropriate, noting Compton's lack of prior convictions and mitigating circumstances. No sentence increase was granted.
Patrick Quirke, aged 50, is appealing his conviction for the murder of Bobby "Mr Moonlight" Ryan, who was found dead in an underground tank in April 2013. The Court of Appeal heard that the appeal will involve 5,500 pages of trial transcript, with the State's documents still pending. Three days have been set aside for the hearing, with a possible extra day, and free legal aid has been approved. Quirke's counsel, Bernard Condon, aims to finish the appeal within the three days if possible. The appeal follows a 13‑week trial where a jury found Quirke guilty by a 10‑2 majority, and he received a mandatory life sentence. The case centres on allegations that Quirke killed Ryan to rekindle a relationship with Mary Lowry and staged the body's discovery after Lowry tried to terminate his lease. Quirke denies the murder and claims the prosecution failed to prove beyond suspicion, citing inconsistencies in Lowry's testimony.
In 2020 the Court of Appeal heard an appeal against a five‑year sentence imposed on a 43‑year‑old man who sexually abused a boy and possessed vast amounts of child pornography. The man had been convicted in 2011‑2013 of two counts of sexual assault, sexual exploitation and production of child pornography, and had pleaded guilty to possession for distribution in 2006 and possession of child pornographic material in 2013. Gardaí seized over 55,000 images, 6,000 videos and 4,500 text files, including a 127‑page manual on how to exploit children. The appeal argued the sentence was unduly lenient, citing the maximum 14‑year term for the offences, the presence of 19,000 Category 1 images, and the fact that the defendant had spent three years in a Philippine jail after his passport was revoked.
In October 2020, a 53‑year‑old man was sentenced to ten years in prison for 56 counts of indecent assault on his toddler cousin between 1982 and 1986. The offences involved forcing his penis into the child's mouth and placing her on a toilet seat. The victim, who was about two and a half when the abuse began, described enduring terror, a loss of trust, and an attempt to kill herself at age 15. She also expressed guilt for "making a fuss" during the trial. The man, who was 15 at the start of the abuse and under 18 for most of it, appealed the sentence, arguing that the headline term of 14 years was excessively high and that his age and good character had not been adequately considered. The Court of Appeal adjourned the case for judgment on 9 October 2020. The unnamed man was convicted.
Marius Purcil, a 41‑year‑old convicted rapist, lost an appeal against his sentence for a lunchtime sexual assault on a receptionist in Dublin. On 21 January 2017, Purcil entered a holistic therapy centre, asked for a massage, and when denied, offered money for sex. He became aggressive, punching the receptionist, head‑butting her, and using a Swiss army knife to threaten and choke her to unconsciousness twice. He cut her clothing and sexually assaulted her. The attack ended when another employee intervened. Purcil had eight prior convictions, including a rape of a boy in Romania. Judge Martin Nolan sentenced him to five years for the sexual assault and three years for assault causing harm, to run consecutively, with the final two years suspended. Purcil's barrister argued the judge erred in imposing consecutive sentences, but the Court of Appeal, presided by Justice George Birmingham, upheld the judge's decision and dismissed the appeal.
A judge's order banning the publication of a convicted child rapist's name was appealed by the DPP. The order, made by Mr Justice Michael White on 17 May 2019, followed the conviction of a 49‑year‑old Wicklow man for four rapes and two indecent assaults between 1987 and 1989. The man was sentenced to seven years' imprisonment in May 2019. The victim, now 42, was unaware she could waive her anonymity to allow the rapist's name to be published. The DPP argued the judge's order was unnecessary, invalid and contrary to the Criminal Law (Rape) Act 1981, which permits publication of a convicted rapist's name if the victim waives anonymity. The Court of Appeal reserved judgment on the appeal, while the man also appeals his conviction and sentence. The unnamed 49-year-old pleaded not guilty.
In a Dublin incident on 3 January 2017, Laura Kenna, a homeless woman aged 37, slit the throat of civil servant Fionnuala Bourke while walking home from work. Kenna was arrested the following day and later pleaded not guilty by reason of insanity, citing a diagnosis of schizoaffective disorder. She was convicted of attempted murder and assault causing harm, and in April 2019 the Central Criminal Court imposed a 15‑year prison term, of which five years were suspended. The Court of Appeal dismissed Kenna's appeal against both the conviction and the sentence. The appeal was rejected on the basis that the jury's verdict was supported by credible expert testimony, and the sentencing judge's decision was deemed proper for the gravity of the offence. Kenna must serve the 10‑year custodial term imposed by the court.
In a 2020 Court of Appeal decision, a Cork farmer, Mr George Ross, was cleared from a second prosecution over the death of 14‑year‑old Micheál Murphy, who fell from a tractor in 2013. The appeal overturned a prior ruling that the Health and Safety Authority (HSA) could pursue a new charge under the Safety, Health and Welfare at Work Act. Mr Ross had already been convicted in 2014 for a Road Traffic Act offence related to the same incident and fined €700. The judge, Ms Justice Aileen Donnelly, criticised the seven‑year delay between the death and the appeal, noting it reflected poorly on the State. She found no special circumstances to justify sequential prosecutions and rejected the HSA's claim that additional evidence had only emerged after the tractor was seized. Consequently, Mr Ross will not face the HSA charge, which carries a maximum fine of €3 million and a two‑year prison term.
A man from Longford has failed in his bid to overturn a drug-driving conviction at the Court of Appeal. Patrick Clyne was convicted by Longford District Court on 5 March 2019 of drug driving, receiving a twelve-month driving ban and a €250 fine. He was arrested at a Garda checkpoint on Market Street, Granard on 29 January 2018 after testing positive for cocaine. A blood sample subsequently revealed a concentration of 515.2 milligrammes per millilitre of cocaine. Clyne appealed on the basis that the arresting Garda had not properly applied section 13B(1) of the Road Traffic Act 2010, arguing that the omission of the word "or" in the legislation required multiple tests before a blood sample could be lawfully taken. The Court of Appeal, presided over by Ms Justice Úna Ní Raifeartaigh, rejected this interpretation, finding no ambiguity in the relevant statute and confirming that fulfilling any one of the prescribed conditions was sufficient.
Eddie Farnan, 38, pleaded guilty to assault, threatening to kill and criminal damage after a violent domestic incident on 2 June 2017. He was given a 33‑month suspended sentence by the Dublin Circuit Criminal Court in October 2019. The DPP appealed, arguing the sentence was too lenient, but the Court of Appeal rejected the appeal. The court noted Farnan's extensive rehabilitation efforts, including a residential programme for addiction and engagement with services, and considered these mitigating factors. The judges acknowledged the brutality of the offence but concluded that a custodial sentence would undermine Farnan's progress. Consequently, the suspended sentence was upheld, with no custodial term imposed. The decision highlighted the balance between punishment for domestic violence and the potential benefits of rehabilitation outside prison.
A man from Tuam, County Rosemmon, must serve eighteen months in prison following a Court of Appeal decision that his original suspended sentence was unduly lenient. Stephen Connor, aged 43, pleaded guilty in July 2019 to assault causing harm, false imprisonment, and producing a knife during an incident at a house in Letterkenny, County Donegal, on 5 May 2018. The sentencing judge had imposed a two-and-a-half-year sentence but suspended it in full. The Director of Public Prosecutions successfully appealed, arguing the sentence failed to reflect society's condemnation of domestic violence or incorporate adequate deterrence. The Court of Appeal found Connor's case contained no exceptional circumstances warranting full suspension. Justice Úna Ní Raifeartaigh, sitting with two colleagues, ruled that while the two-and-a-half-year custodial sentence remained appropriate, the final year would be suspended as a matter of appellate practice.
The Court of Appeal has ordered Sidney Sutton, an accountant and father of two, to return to prison for a further 16 months after ruling his original sentence unduly lenient. Sutton, who pleaded not guilty to all charges, was convicted in 2019 at Trim Circuit Criminal Court on four counts of assault, one count of assault causing harm, and one count of producing a knife capable of inflicting serious injury. He had previously served a one-year jail term after being sentenced to two years, with the final 12 months suspended. The offences, alleged to have occurred in February 2016, involved Sutton allegedly assaulting his then-partner, Edele Aherne, and stabbing her in the leg and shoulder. Sutton had accused Ms Aherne of assaulting him and inflicting her own injuries through self-harm. Mr Justice Edwards, presiding with Ms Justice Donnelly and Mr Justice McCarthy, allowed the DPP's appeal on grounds of undue leniency. The court determined the appropriate headline sentence was four years, reduced by 20 months to account for Sutton's lack of previous convictions and good work record. The judges rejected arguments that alcohol consumption reduced culpability, describing the incident as extreme domestic violence. Sutton was ordered to present himself at Ballymun Garda station on October 16. The court also refused an application to adjourn the hearing pending Sutton's separate appeal against his conviction, citing exceptional circumstances and concerns about the abuse of court processes.
The Court of Appeal has reserved judgment on an appeal by Richard Moloney, a 42-year-old man from Roscrea, Co Tipperary, who seeks to have his convictions for rape and two other sexual offences declared unsound. Moloney was found guilty by a jury in July 2019 of raping his then 16-year-old foster daughter, Ciara Monaghan, at their home in 2016. He was acquitted of a fourth count of alleged anal rape. In November of the previous year, the Central Criminal Court sentenced Moloney to 12 years in jail. His legal team argued that the trial judge's jury directions created a risk that jurors felt obliged to choose between competing versions of evidence, ignoring the possibility of a third outcome. They also appealed the severity of the sentence, claiming the headline 14-year term was excessive given the single-incident nature of the offences. The Director of Public Prosecutions opposed the appeal, noting the jury's ability to distinguish evidence by acquitting one count while convicting on others. Counsel for the DPP also opposed any sentence reduction, highlighting the "explosively destroyed" trust in the foster relationship. Ms Monaghan, who waived her anonymity, stated in a victim impact statement that she had made multiple suicide attempts since the incident. The appeal was heard by Mr Justice George Birmingham, Ms Justice Isobel Kennedy, and Ms Justice Úna Ní Raifeartaigh, who reserved their judgment.
Patrick Quirke, a 50‑year‑old farmer from Breanshamore, Co. Tipperary, is appealing his conviction for the murder of Bobby 'Mr Moonlight' Ryan, a 52‑year‑old part‑time DJ who vanished on 3 June 2011. The body was found in an underground run‑off tank on Ms Lowry's farm, leased by Quirke, in April 2013. Quirke denies the murder, arguing the prosecution failed to prove guilt beyond suspicion and that Mary Lowry, the alleged witness, is unreliable. The Central Criminal Court jury found him guilty by a 10‑2 majority after 13 weeks of trial, and he received a mandatory life sentence. The Court of Appeal will hear his appeal remotely on 13 October, with both sides submitting over 100 pages of legal material. The hearing is expected to last less than four days, though the exact duration remains to be confirmed by the court. The case remains at the appeal stage, with no further outcome announced.
The Court of Appeal has increased the prison sentence of Oliver Berry, a 63-year-old father from Mullingar, Co Westmeath, from ten to 13 years for the rape and sexual assault of his daughter, Jennifer Berry. In November 2018, a jury at the Central Criminal Court convicted Berry of 105 counts of raping and sexually assaulting his daughter between December 1982 and December 1994, when she was aged seven to 19. Berry, who pleaded not guilty to all charges, maintains his innocence and has a separate application before the Court of Appeal against his conviction. The Director of Public Prosecutions appealed the original ten-year term, arguing it was too lenient given the severity of the offences, which included rape during the victim's pregnancy. The Court of Appeal, presided over by Mr Justice George Birmingham, found that the sentencing judge had erred by giving undue weight to mitigating factors such as Berry's age and lack of previous convictions. The court ruled that the original reduction from a headline sentence of 15 years was disproportionate. Consequently, the actual custodial sentence was increased to 13 years. Jennifer Berry waived her right to anonymity to allow her father to be publicly named in the proceedings.
The Court of Appeal in Dublin has quashed a fully suspended sentence imposed on a man convicted of assault causing serious harm to a Defence Forces member. Cian Cox, aged 26 and originally from Breaffy, County Mayo, pleaded guilty to the attack on David McCormack outside the Electric Garden nightclub on Abbeygate Street, Galway on 5 May 2017. Mr McCormack sustained life-threatening injuries including a twelve-day coma and required four operations. The Director of Public Prosecutions successfully appealed the original four-year suspended sentence on grounds of undue leniency. The Court of Appeal, presided over by Mr Justice George Birmingham, retained the four-year term but suspended only the final two and a half years, meaning Cox must serve eighteen months in custody. The court found that the seriousness of the offence and the victim's permanent physical and psychological injuries warranted a custodial element, notwithstanding Cox's guilty plea, remorse, compensation payment of €13,000, and clean record.
The Court of Appeal rejected the appeal of Samina Sajjad, a 52‑year‑old retired postmistress, against a seven‑year jail term for smuggling 13.69 kg of heroin worth about €1.9 million through Dublin Airport. Sajjad, who had no prior convictions and pleaded guilty, was stopped by gardaí after a flight from Doha. The court found no evidence that the sentencing judge had ignored mitigating factors, noting the headline 10‑year sentence had been reduced to seven years after consideration.
Patrick Quirke, a 50‑year‑old farmer from Breanshamore, Co. Tipperary, is appealing his conviction for the murder of Bobby Ryan, a 52‑year‑old part‑time DJ known as 'Mr Moonlight'. The Court of Appeal heard that the appeal could last up to four days, though the President, Mr Justice George Birmingham, hoped for a shorter hearing. Quirke denies murdering Ryan, who disappeared on 3 June 2011 after leaving his girlfriend Mary Lowry's house. Ryan's body was found in an underground run‑off tank on Lowry's farm, leased by Quirke, in April 2013. The prosecution argued Quirke killed Ryan to rekindle a relationship with Lowry and staged the body's discovery after Lowry sought to terminate the lease. Quirke's lawyers claim the evidence is inconsistent and unreliable, particularly Lowry's testimony.
The Court of Appeal reduced a 69‑year‑old man's eight‑year jail sentence for five counts of indecent assault on his daughter, who was aged nine to ten when the offences occurred between 1985 and 1986. The original nine‑year sentence, with the last 12 months suspended, was imposed by the Dublin Circuit Criminal Court after the man pleaded guilty to touching and penetrating his daughter's vagina and forcing her to touch his penis. The appeal argued that the sentencing judge had erred by not hearing mitigating factors such as the man's poor health, alcohol addiction, lack of prior convictions, low risk of re‑offending and his own childhood abuse. The Court of Appeal agreed that the sentence was "disproportionate to a limited extent" and reduced it to eight years, keeping the final 12 months suspended. The case remains at the appellate stage.
An Albanian man, Emri Bardhoshi, fraudulently obtained Irish citizenship by pretending to be a Kosovan refugee, using a false identity that was five years younger than his actual age. He was granted Leave to Remain in 2007 and later naturalised under this false identity, also obtaining passports for himself and three of his four children. In 2017 he developed liver problems and feared that his understated age would affect treatment, prompting him to consult a solicitor and bring his case to authorities. He pleaded guilty to four offences related to passport fraud and a false declaration in his 2012 citizenship application. The Court of Appeal reduced his original 18‑month suspended sentence, imposing a total of three years in prison with nine months suspended, and required him to comply with conditions including a bond for good behaviour and a Garda visit on 1 September.
Patrick Nevin, a 38‑year‑old serial sex offender, had his 12‑year jail term increased by two and a half years after an appeal by the State. Nevin had attacked three women he met on Tinder in July 2014, raping one in Bellewstown and assaulting two others in County Meath. He had previously been sentenced to five and a half years for a third assault at UCD. The Court of Appeal found the original 14‑year sentence for the rape and eight‑year sentence for the assault too lenient, noting aggravating factors such as the rapid succession of attacks, premeditation, and a prior conviction for threatening to kill a woman. The court substituted a 10‑year sentence for the rape, made the rape and assault sentences consecutive, and suspended the final three and a half years, raising Nevin's net sentence to 14½ years. The probation period remains five years post‑release. Victims and Nevin attended the hearings remotely.
In 2020, the Court of Appeal quashed the conviction of a father who had been found guilty of sexually assaulting his 19‑year‑old daughter on Christmas morning in 2017. The appeal argued that the trial judge erred by refusing to allow the defence to cross‑examine the complainant about a diary in her room that contained the words "Hate Dad," which the defence claimed showed pre‑existing malice and could explain a false allegation. The defence also challenged the judge's handling of corroboration evidence, including the complainant's wet socks and her state after drinking wine. The Court of Appeal, citing a combination of concerns about the diary issue and corroboration, declared the trial unfair and ordered a retrial, granting the appellant bail with conditions that he have no contact with the complainant or other witnesses. The conviction was therefore overturned and the case was set for a new trial.
An alleged IRA member, Seamus Marley, aged 46, was convicted of raping two teenage boys in County Louth in the early 1990s. A Central Criminal Court jury found him guilty on six counts of sexual assault and two counts of rape after a six‑day trial in May 2019, and Mr Justice Paul McDermott sentenced him to seven years' imprisonment. Marley attempted to appeal his conviction outside the 28‑day window normally required after sentencing. His barrister, Michael Bowman SC, applied to the Court of Appeal for an extension, arguing that Marley had misunderstood the timing of his appeal and had been advised to wait until after sentencing. The Court of Appeal, hearing the application on the grounds of delay and the interests of the victims, ruled that there was no reasonable prospect of success and refused the extension, citing the need for finality in criminal proceedings.
In July 2020 the Court of Appeal quashed the conviction of a 25‑year‑old Dublin man for gang rape after the defence presented new evidence that the complainant had made other sexual allegations before the 2014 incident. The Director of Public Prosecutions did not oppose the application, and no retrial was ordered. The man had been jailed for four years in 2017 after a four‑day trial at the Central Criminal Court, where a jury found him guilty of raping a woman with two other men at a Dublin house. He had received a six‑year sentence with the final two years suspended. The appeal was brought by his barrister, Caroline Biggs SC, who also indicated a reservation regarding compensation under Section 9 of the 1993 Criminal Procedure Act. The court made no further orders beyond quashing the conviction. The unnamed 25-year-old pleaded not guilty.
In a 2020 Court of Appeal decision, a 17‑year‑old boy who attempted to murder a 25‑year‑old woman after meeting her on an internet dating app was ordered to serve a further two years of detention before his 11‑year sentence could be reviewed. The appeal was brought by the Director of Public Prosecutions, who argued that the original five‑year review period was too early and that the sentence was unduly lenient. The Court found that the planning and pre‑meditation of the offence placed it at the high end of the spectrum, but also noted mitigating factors such as the boy's youth, lack of prior convictions, early guilty plea and mental health difficulties. Consequently, the Court extended the review date to seven years, maintaining the 11‑year sentence but allowing a review after January 1, 2025.
In a 2020 Dublin Circuit Criminal Court case, a 48‑year‑old paedophile was convicted of 25 counts of sexual assault against his nieces, who were six or seven when the abuse began. He abused one sister during overnight stays at his home from about age six to twelve, and the other sister when she stayed with him. Judge Martina Baxter sentenced him to eight years, suspending the final year. The defendant, a father of two, appealed the sentence's severity, arguing that the judge had not credited the time he had already spent in custody. The Court of Appeal, presiding with Justices George Birmingham, Patrick McCarthy and Isobel Kennedy, found that the judge had not explained her discretion. Consequently, the court back‑dated the sentence to the date the defendant entered custody, five months before his sentencing, thereby reducing the effective custodial period. The case remains at the appellate stage, with no further verdict announced.
In a Court of Appeal hearing on 28 July 2020, the father of a 17‑year‑old who attempted to murder Stephanie Ng apologised to the victim, stating there was no excuse for his son's actions. He expressed regret over not hospitalising his son earlier and over giving him high doses of antidepressants, which he believed may have induced a manic episode that led to the attack. The teenager, who was sentenced to 11 years' detention with a review after five years, had been in custody since December 2017. The appeal argued the sentence was unduly lenient, citing the planning and premeditation of the offence. The Court of Appeal noted the seriousness of the crime and indicated a decision would be made the following day. The hearing was held in person, with the boy present alongside his parents. The father reiterated that his son was guilty and that he fully regretted the trauma inflicted on Ms Ng.
Boy B, a 15‑year‑old, was found guilty of murdering 14‑year‑old Ana Kriegel in 2018 and sentenced to 15 years' detention, review after eight years. He is appealing only the conviction, not the sentence. His defence argues that a clinical psychologist, Dr Colm Humphreys, had evidence that Boy B suffered post‑traumatic stress disorder after witnessing the assault and that his lies to Gardaí did not prove guilt. The trial judge ruled that evidence inadmissible, claiming it would make the psychologist a 13th juror. Boy B's counsel, James Dwyer, has made an unusual application to exceed legal aid limits to engage a UK psychologist to review the Gardaí interview videos. The Court of Appeal is considering whether an expert can be involved post‑conviction and has allowed the application to be renewed later. Boy B remains in Oberstown Children Detention Campus, with earliest release in June 2027.
In July 2020 the Court of Appeal dismissed a 51‑year‑old man's appeal against a 12‑year imprisonment sentence for orally raping his daughter between 2009 and 2011. The appeal argued that the daughter had not noticed three plastic implants surgically inserted under the man's foreskin, which were visible in photographs presented to the jury. The court held that a child abused in a stressful context would not have been able to distinguish the implants, and that the evidence presented by the prosecution was sufficient. The appeal was rejected, and the original conviction and sentence, with a six‑month suspended portion, remained in force. The court noted that the jury had been properly directed on the evidence and that no injustice had been created by the lack of a further statement from the complainant.
Brendan Doolin, 37, was found guilty of sending hundreds of abusive emails to six female writers and journalists between May 2012 and February 2018. He pleaded guilty at Dublin Circuit Criminal Court and was sentenced to five years' imprisonment, with the final two years suspended on the condition that he never contact any of the complainants again. The Court of Appeal upheld the sentence, rejecting the appeal that argued the judge had over‑penalised Doolin and failed to consider mitigating factors such as his guilty plea, lack of prior convictions and psychiatric report indicating he was not a threat. The appeal was dismissed after the court considered the seriousness of the harassment, the number of victims and the impact on the women, who were all female journalists or media figures. The decision was announced by Justice Isobel Kennedy in a virtual hearing attended by Doolin and the victims.
John Murphy, aged 46, was sentenced to ten years in prison for the repeated rape and sexual abuse of his younger brother over a decade, from 1988 to 1997, in a Cork town. He pleaded guilty to twelve counts, including three of oral rape, at the Central Criminal Court. Justice Micheal White set a headline sentence of 13 years, reduced to ten in consideration of Murphy's admissions and guilty pleas, and suspended the last two years on conditions. Murphy appealed the severity of the sentence to the Court of Appeal, arguing that the judge had overemphasised the breach of trust and the length of abuse as aggravating factors. The State, represented by Tim O'Leary SC, maintained that the 10‑year period justified the more serious category and that the headline sentence was appropriate. The Court of Appeal reserved judgment. The victim, now in his 40s, waived anonymity and testified that the abuse had a devastating impact on his life.
The Court of Appeal has ruled that the 17‑year‑old who attempted to murder Stephanie Ng must be re‑sentenced before his 18th birthday to avoid unknown legal implications. The Central Criminal Court had originally sentenced him to 11 years' detention with a review after five years, but the State appealed, arguing the sentence was unduly lenient. The Court of Appeal agreed, noting the premeditated nature of the offence and the high end of the spectrum for attempted murder. The case was adjourned to the end of the month to allow an up‑to‑date psychiatric report. Justice George Birmingham granted the boy a physical hearing on 28 July, stating it was highly desirable to proceed before he turns 18. The boy, who met Ng on the Whisper app and pretended to be 19, lured her to an isolated area, choked her, and slashed her neck with a knife.
The Court of Appeal has dismissed an appeal against the severity of the sentence imposed on Donal Billings, a 70-year-old pensioner from County Longford. Billings was found guilty by the Special Criminal Court in 2016 of possessing an explosive substance at Longford railway station car park on May 16, 2011, during Queen Elizabeth's state visit. He was also convicted of making false reports that bombs had been placed at Busáras, Sinn Féin's headquarters, Cork airport, and Dublin Castle. The court upheld his eight-and-a-half-year sentence, describing it as "very lenient." Presiding Judge George Birmingham, sitting with Justices Marie Baker and Patrick McCarthy, stated there was no merit in the appeal and declined to increase the term. Billings, who attended remotely from Portlaoise Prison, had previously lost an appeal against his conviction regarding Irish language rights. His barrister, Gerard Humphreys SC, cited his client's age, health difficulties, and cooperation during the trial. The court noted that the explosive device, comprising gunpowder and petrol, was placed on a public transport vehicle, recklessly exposing passengers to significant risk. The judges concluded that while the sentence was lenient, they would not intervene to increase it. The matter was not adjourned; the appeal was dismissed.
The Court of Appeal quashed a man's conviction for sexual assault and ordered a retrial after discovering that one of the jurors who found him guilty was related to the victim in a separate defilement case. The man had previously pleaded guilty to defiling a child and was serving that sentence when he was tried for sexual assault at a circuit criminal court. The jury returned a unanimous guilty verdict. After the trial, relatives of the defendant informed his legal team that a juror was a relative of the child‑defilement victim. The judge instructed the Gardaí to investigate, and they confirmed the relationship. The defendant's legal team appealed, arguing that the conviction was unsafe and that he was entitled to an unbiased jury. The State did not oppose the appeal.
The Court of Appeal has increased the sentence of a 39-year-old man who pleaded guilty to multiple counts of rape, sexual assault, and sexual exploitation of his eight-year-old niece. The offences, which occurred between November 2018 and January 2019, involved grooming and were described by the court as heinous, cold, and premeditated. The Director of Public Prosecutions appealed against the original eight-year effective custodial term, arguing it was unduly lenient for abuse of the most depraved kind. The man's counsel argued that his surrender to gardai at Dublin Airport and lack of physical violence warranted the original discretion. Justice Kennedy, sitting with Justices Birmingham and McCarthy, found that the sentencing judge had erred. The court quashed the previous sentence, determining that the appropriate starting point was 15 years. However, considering mitigation factors including his guilty plea, remorse, and previous good character, the court reduced the total sentence to 10 years. Unlike the previous ruling, no portion of this sentence was suspended. The court also ordered five years of post-release supervision. The matter was concluded with this finalised appellate decision.
In a 2020 appeal, a 52‑year‑old man named Thomas Bates, originally from Liverpool, sought to have his 2019 conviction for conspiring to possess firearms, ammunition and explosives set aside. Bates was convicted of conspiring with others to acquire illicit items from the United States via the Darknet between 24 October and 10 November 2017. The trial judge sentenced him to seven years' imprisonment, with the final year suspended. The case involved a covert operation where Gardaí received three packages containing inert hand grenades, a decommissioned Glock pistol and dummy rounds, delivered to an address on Abbey Street, Cahir. Bates accepted the packages, claiming they were for his son, a claim later found false. The appeal argued that the trial judge erred by allowing anonymous FBI evidence, admitting a hearsay document, and failing to direct the jury on the evidential value of the alleged conspiracy.
In a Court of Appeal hearing, the sentence of 11 years' detention imposed on a 15‑year‑old who attempted to murder a 25‑year‑old woman was found to be too lenient. The teenager, who met the victim on the Whisper app and pretended to be 19, lured her to an isolated spot on the Sea Front, Queen's Road, Dun Laoghaire, where he choked her and slashed her neck with a knife. He was convicted in November 2019 and has been in custody since December 2017, with a review set for 1 January 2023. The Director of Public Prosecutions appealed on the grounds of 'unduly leniency', arguing that the five‑year review did not reflect the gravity of the offence. The Court of Appeal concluded that the sentence was inadequate and that the offence, with its planning and premeditation, should be seen at the high end of the attempted‑murder spectrum.
The Court of Appeal has dismissed the appeal of Damien Metcalfe (34), upholding his conviction for membership of an unlawful organisation, the IRA. Metcalfe was found guilty by the Special Criminal Court in November 2015 and sentenced to two years and six months in May 2019. The trial court found that he played a supporting and logistical role in IRA interrogations of suspected informants at Riverwood Park, Castleknock, in August 2015. The appellate court rejected arguments that the opinion evidence of Chief Superintendent Anthony Howard should have been excluded, stating the remaining evidence was "cogent in the extreme." The court also upheld the trial judge's findings regarding Metcalfe's presence and participation. In a separate matter mentioned in the report, Conor Metcalfe (28), Damien's brother, was previously found guilty of IRA membership by the three-judge court in December 2018 and jailed for four years and six months. The Court of Appeal also recently upheld the convictions and sentences of five other individuals involved in the same Castleknock inquiries, rejecting appeals from both the defendants and the DPP regarding the severity or leniency of their respective sentences.
Brandon Abrahams, a 28‑year‑old South African, had pleaded guilty in Cork Circuit Court to selling fraudulently acquired high‑end mobile phones online. In June 2018 Judge Gerard O'Brien sentenced him to five years, suspending the last four years on the condition that he leave Ireland within three months of release. Abrahams failed to leave, so Judge Seán Ó Donnabháin re‑activated the suspended sentence and sent him back to jail in November to serve the remaining four years. His appeal to the Court of Appeal was dismissed, with the court agreeing that the activating court had little choice.
The Court of Appeal dismissed the appeal of a 46‑year‑old man who had been jailed for defilement, sexual exploitation of a child and three counts of sexual assault against his partner's 13‑year‑old daughter. He had pleaded guilty to the offences, which occurred between September 2014 and August 2015, and had six prior convictions, including a 1993 sexual assault. The Central Criminal Court had heard that he was in a relationship with the girl's mother at the time of the abuse. The girl, who was not named to protect her identity, testified that she had initially seen the man as a father figure but that he began kissing her, sending sexualised text messages and escalating the abuse. She described feeling love and trust, then sadness and isolation, and ultimately declared herself a survivor.
A woman from Riverstown, County Sligo, has had her prison sentence increased by the Court of Appeal following a challenge by the Director of Public Prosecutions. The 23-year-old was convicted of dangerous driving causing the death of a pedestrian in Dundalk in October 2017. She had thrown a sauce carton into another vehicle, prompting a high-speed chase through the town that resulted in both cars striking a 29-year-old man. The sentencing judge at Dundalk Circuit Court imposed three years imprisonment with two years suspended. The DPP appealed, citing undue leniency. Court President Justice George Birmingham ruled that the original sentencing judge erred in suspending an additional six months beyond what her co-accused received. The Court of Appeal re-sentenced her to three years with eighteen months suspended, requiring her to serve a greater proportion of her sentence than originally ordered. The unnamed 23-year-old pleaded guilty.
An alleged IRA member, Seamus Marley, aged 46, was convicted of raping two teenage boys in County Louth in the early 1990s. A Central Criminal Court jury found him guilty on six counts of sexual assault and two counts of rape after a six‑day trial in May 2019, and he was sentenced to seven years' imprisonment by Mr Justice Paul McDermott. Marley has now applied to the Court of Appeal for an extension of time to lodge an appeal, arguing that he was unaware of the 28‑day deadline and had misunderstood the need to appeal both the conviction and the sentence. He was held in 23‑hour lock‑up during his initial custody due to severe verbal abuse from other prisoners, who targeted him because of his alleged IRA membership and his conviction as a child rapist. The Court of Appeal has reserved judgment on the application.
A retired doctor, aged 86, appealed his conviction for abusing seven boys over a 21‑year period up to 1992. He was jailed for four years in February 2023 after pleading not guilty to 12 charges of indecent assault and one charge of sexual assault during medical examinations beginning in 1971. Judge Martin Nolan sentenced him to four years for one count of indecent assault and 18 months for the remaining counts, with all sentences running concurrently. The judge described the offence as a "serious pattern of misbehaviour" and noted mitigating factors such as the doctor's age and health. The appeal, presented by barrister Hugh Hartnett SC, argues that the trial judge erred by telling the jury that multiple complainants constituted "compelling" evidence and by refusing to discharge the jury on several occasions. The Director of Public Prosecutions defended the trial's conduct, and the Court of Appeal reserved judgment.