Patrick Byrnes, aged 80, was convicted in 2018 by a Central Criminal Court jury of 58 indecent assault charges and two rapes committed between 1975 and 1985. The offences began when his daughters were about seven years old and continued twice weekly for ten years, largely in the family home. Byrnes, a retired taxi driver, denied all charges and claimed the prosecution had failed to properly address alleged fabrication and collusion by the complainants. He appealed on the basis that the trial judge had not adequately directed the jury on how to treat evidence from the two daughters. The Court of Appeal dismissed the appeal, noting that while a perfect trial is ideal, a fair trial is required. Byrnes was sentenced to eight years' imprisonment, with two years suspended, by Justice Paul McDermott in October 2018.
In a case involving a 17‑year‑old who robbed, falsely imprisoned and assaulted three 15‑year‑old boys in St Aidan's Park, Marino, the Court of Appeal reduced his four‑year sentence. The teenager, who was part of a group that forced the boys to hand over phones and money or face stabbing, later kicked and punched one boy. He pleaded guilty to three counts of robbery, two counts of assault causing harm and three counts of false imprisonment. The original sentence, imposed by Judge Martin Nolan on 12 April 2019, was four years' detention. On appeal, the Court of Appeal found that the sentencing judge had erred by not deferring the sentence until after the offender turned 18, which would have allowed part of the term to be suspended.
In 2020 the Court of Appeal reduced a 30‑year restriction on Daniel Wildes, who had assaulted his former partner, Natasha Cummins, to three years. Wildes, aged 33, had been sentenced in 2018 to four years' imprisonment with the final year suspended for three years, on condition he keep the peace and stay away from Cummins for 30 years. The appeal argued the 30‑year order was disproportionate, affecting his rights to associate with his children and enjoy family life. The Court of Appeal quashed the original sentence and re‑sentenced him to four years, suspending the final year for three years, but imposed a three‑year restriction during the suspended period that he must not contact Cummins or cause others to do so, except for his solicitor writing in relation to their children. The court also required him to comply with any probation recommendations for domestic‑violence and anger‑management courses.
In May 2020 the Court of Appeal dismissed a 53‑year‑old man's appeal against his conviction for sexually assaulting a 13‑year‑old girl during a sleepover. The appeal was based on alleged jury bias, with the defence arguing that jurors had connections to the victim's family and workplace. The Court of Appeal, led by Mr Justice George Birmingham, found no jurisdiction to set aside the verdict and rejected the claim that the jury's composition compromised impartiality. The court noted that the trial judge had directed jurors to disclose any connections, and the defence failed to demonstrate that such connections affected the verdict. The appeal was dismissed, and the original conviction and sentence of three‑and‑a‑half years, with the final year suspended, remained in force.
Daniel Wyse, 36, has appealed his conviction for the alleged possession of drugs for sale or supply at Halfway Crossroads, Rathduff, Co. Cork. Wyse was originally charged in February 2014 after Gardaí attempted to stop his vehicle, which subsequently collided with a patrol car after mounting an embankment. A package of heroin, valued at over €37,000, was found in the jeep. Wyse claimed he was unaware of the drugs and was travelling to Limerick to obtain identity papers for his pet Chihuahua. A jury found him guilty, and Judge Seán Ó Donnabháin sentenced him to 10 years in prison in February 2016, suspending the final 18 months. In the current appeal before the Court of Appeal, his counsel, Seamus Clarke SC, argued that the trial judge should have directed an acquittal if it was reasonably possible Wyse did not know of the drugs. He further contended that the judge's charge insufficiently addressed circumstantial evidence and the chain of custody, specifically citing errors in the labelling of the drugs. Clarke also argued that the trial judge should have granted a second senior counsel given the minimum sentence. The State's counsel, Imelda Kelly BL, countered that no requisition regarding circumstantial evidence or labelling was made at trial and that the appointment of senior counsel was discretionary. The matter was adjourned, with the court reserving judgment to be delivered as soon as possible.
The Court of Appeal heard an appeal against the conviction of an unnamed 51-year-old man, who was found guilty by a Central Criminal Court jury of 22 counts of sexual abuse, oral rape, child sexual exploitation, and attempted rape. The offences were alleged to have occurred in a Dublin home between October 2009 and July 2011, when the complainant was aged 13 to 15. On January 14, 2019, Ms Justice Tara Burns sentenced him to 12 years imprisonment, with the final six months suspended. The appellant's counsel, Mr Giollaíosa Ó Lideadha SC, argued that the prosecution failed to explain how the complainant did not notice three plastic penis implants, claiming this created a fundamental gap in the evidence. He also contended that the trial judge erred in refusing to direct the jury on the presumption of innocence and the dangers of uncorroborated evidence. In reply, DPP counsel Dominic McGinn SC stated that the discrepancy was a matter for the jury, who had viewed photographs of the implants, and that the judge's charge was adequate. The appeal was heard by video-link before President Mr Justice George Birmingham, Mr Justice Patrick McCarthy, and Ms Justice Una Ni Raifeartaigh. The court reserved its judgement, meaning the matter was adjourned and not concluded.
Gavin Sheehan, aged 33, was convicted of shooting Ciara Sheehan in the neck through a house window in Cork on 15 May 2016. He was found guilty of possession of a firearm and ammunition, reckless discharge of a firearm and assault causing serious harm. Judge Seán Ó Donnabháin sentenced him to 14 years' imprisonment on 14 February 2017, suspending the final three years. Sheehan appealed, arguing the case relied on circumstantial evidence, lacked forensic links between the bullet and the gun, and that a bullet casing was found several houses away. He also cited time discrepancies on CCTV, a 999 call and Garda arrival, and claimed the trial judge wrongly refused his lawyers to speak off‑record. The Court of Appeal, led by Justice John Edwards, found no miscarriage of justice, upheld the conviction and dismissed the appeal, noting only an error in the trial judge's refusal to allow off‑record counsel. The conviction remains affirmed.
In a Court of Appeal hearing, Dylan Hayes (25) and Ger Hogan (37) appealed convictions for the murder of Shane Murphy at a house‑party in Pallasgreen, Co. Limerick. The appeal argued that the prosecution failed to prove joint enterprise and that the provocation defence was inadequately instructed. Hayes claimed he was provoked after a confrontation over alleged drug use, then stabbed Murphy with a knife, causing a heart wound and other injuries. Hogan was alleged to have participated in the attack, with witnesses stating he stabbed Murphy with a screwdriver, though the pathologist found only knife wounds. The DPP maintained that witnesses implicated both men in a common design, and that no evidence showed Hogan withdrew. The Court of Appeal reserved judgment, noting the complexity of the appeals and the need for further consideration. Dylan Hayes was found guilty. Ger Hogan was found guilty.
Two men, Dylan Hayes (25) and Ger Hogan (37), were convicted of murdering Shane Murphy at a house party in Pallasgreen, Co. Limerick, on 30 April 2015. The Central Criminal Court jury found them guilty and Mr Justice Patrick McCarthy imposed a mandatory life sentence on each in May 2017. Hayes claimed he stabbed Murphy after a confrontation over alleged drug use, while Hogan was alleged to have participated in a joint enterprise, attacking Murphy with a screwdriver and encouraging Hayes. The trial judge's charge on provocation was challenged by Hayes' counsel, who argued the jury was not properly instructed on the subjective element of the test. Hogan's counsel contested the use of words and acts attributed to Hogan, noting the pathologist's testimony that fatal wounds were caused by a knife, not a screwdriver. The Court of Appeal adjourned the appeal hearing to Thursday morning due to poor audio‑video link quality.
The Court of Appeal heard an appeal by Damien Metcalfe, 34, who was convicted of membership in the Irish Republican Army (IRA) and jailed for two years and six months by the Special Criminal Court in May 2019. The appeal argued that the key evidence was the belief evidence of Detective Chief Superintendent Anthony Howard, who claimed Metcalfe was an IRA member. The appellant's counsel said Howard's belief evidence was unsubstantiated, that Howard failed to revise the file on which his belief was based, and that his cross‑examination was obstructive and evasive. The defence also alleged that Howard asserted privilege and made contradictory statements. The DPP's counsel countered that the belief evidence was weakened but not dismissed, and that corroborating evidence was strong. The Court of Appeal reserved its judgment, noting that it had previously upheld convictions and sentences in similar IRA‑inquiry cases.
In 2020 the Court of Appeal upheld the conviction of Ger Hehir, a stable owner, for raping and sexually assaulting a teenage girl between 2010 and 2013. Hehir, aged 59, had pleaded not guilty to the rape and four counts of sexual assault at his home and at horse events. The Central Criminal Court jury found him guilty after a seven‑day retrial and sentenced him to seven years' imprisonment, with the final 18 months suspended. Hehir appealed, arguing that the trial judge failed to warn the jury about uncorroborated evidence and confused the issue of consent. The Court of Appeal rejected these arguments, stating that the judge's charge was clear enough to leave no doubt that the complainant had not consented and that the defence's case was that no sexual activity had occurred. The appeal was dismissed, leaving the original conviction and sentence intact.
The Court of Appeal has reserved its judgment in the extradition appeal of Eamon Ronald Harrison, who is alleged to have delivered the trailer in which 39 migrants died in Essex. Harrison's legal team argued the European Arrest Warrant was "wholly unsatisfactory" and lacked precise details regarding the time, place, and his specific involvement. Conversely, counsel for the Minister for Justice contended the warrant was validly issued by the Issuing Judicial Authority and contained sufficient detail. The court, presided over by Mr Justice George Birmingham, remanded Harrison in custody pending the decision. In related proceedings, Ronan Hughes, alleged to be the ringleader of the trafficking group, was refused bail by the High Court ahead of his extradition hearing. He faces 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration. Meanwhile, Maurice Robinson, who admitted 39 counts of manslaughter, previously pleaded guilty to conspiracy to assist unlawful immigration and acquiring criminal property, while denying a charge of transferring criminal property. He awaits sentencing. Four other men are scheduled to stand trial at the Old Bailey in October.
The Court of Appeal has dismissed the appeal of James Joseph Cassidy, a 57-year-old Monaghan mechanic, against his conviction for membership of the IRA. Cassidy was originally convicted by the Special Criminal Court in March 2019 of belonging to an unlawful organisation on September 21, 2016, and sentenced to four years in prison. The appeal challenged the admissibility of belief evidence provided by Chief Superintendent Christopher Mangan, arguing that Mangan was biased because he had extended Cassidy's detention during the investigation. The Court of Appeal rejected all ten grounds of appeal, finding that the Special Criminal Court took scrupulous care to exclude prior material and avoid double-counting evidence. The court determined that the likelihood of anyone other than Cassidy placing a booster tube in his shed was remote and fanciful. It further held that no statutory provision prohibits a senior officer involved in an investigation from forming the required belief under section 3(2) of the 1972 Act. Consequently, the appeal was dismissed, and the original conviction and sentence stand.
Marius Gaizutis, 55, was convicted of murder for the axe killing of Audrius Butkus, 44, whose body was found on Mornington beach in 2013. Gaizutis admitted killing Butkus but denied murder, claiming provocation after the victim allegedly insulted him and struck him with a bottle. Forensic evidence suggested an attempt to clean the scene, and Gaizutis had wounds consistent with a bottle attack. A jury found him guilty of murder on 1 May 2015 and he was sentenced to life imprisonment. Gaizutis appealed, arguing insufficient evidence for a murder conviction and that the trial judge should have directed an acquittal on murder, leaving only a manslaughter charge. The Court of Appeal, in an electronic judgment, rejected the appeal, stating there was no basis to deem the trial unsatisfactory or the verdict unsafe, and upheld the jury's decision to convict of murder. The appeal was dismissed.
In 2018, 13‑year‑old Boy B lured 14‑year‑old Ana Kriegel from her home to a derelict house in St Catherine's Park, Lucan, where he and Boy A attacked her. Boy B later admitted seeing Boy A assault Ana. In June 2019, a Central Criminal Court jury found Boy B, now 15, guilty of murder; he received a 15‑year sentence, reviewable after eight years. Boy A was also convicted of aggravated sexual assault and sentenced to life with a 12‑year review and eight years for the assault. Boy B's appeal, originally scheduled for April 24, 2020, was postponed because he changed counsel and will be heard later. The DPP will file its own submissions by April 3. The appeal concerns only the conviction, not the sentence. Boy B remains detained at Oberstown Children Detention Campus, with an earliest possible release in June 2027.
In a Court of Appeal hearing on 24 April 2020, Mr Justice George Birmingham, the President of the Court of Appeal, expressed that he had never heard of post‑trial research into jurors and would deprecate such practice if it were emerging. The case concerned a 53‑year‑old man convicted in February 2019 of sexually assaulting a 13‑year‑old girl, who received a sentence of three‑and‑a‑half years with the final year suspended. Lawyers for the defendant argued that a post‑trial investigation had raised concerns about the impartiality of the jury, citing connections between jurors, the defendant's employer, and the complainant's family. The defence claimed the jury had no knowledge of these connections, while the Director of Public Prosecutions maintained that no evidence showed jurors had acted on such information. Mr Justice Birmingham noted the matter was curious and that he would reserve judgment and return a decision soon.
The Court of Appeal heard that UK authorities have withdrawn a human trafficking charge against Eamon Ronald Harrison, a Northern Irishman facing extradition for 39 counts of manslaughter and conspiracy to assist unlawful immigration. Harrison, who is challenging his pending extradition, was alleged to have delivered the trailer in which 39 migrants died in Essex. The withdrawal of the trafficking charge will shorten his appeal hearing, scheduled for May 7. In related proceedings, Maurice Robinson, of Craigavon, Co Armagh, admitted 39 counts of manslaughter at the Old Bailey. He had previously pleaded guilty to conspiracy to assist unlawful immigration and acquiring criminal property, specifically cash, while denying a further charge of transferring criminal property. Robinson will be sentenced at a later date. Additionally, Ronan Hughes, of Co Monaghan, appeared before the High Court in Dublin, where he is wanted by UK authorities for 39 counts of manslaughter and one count of conspiracy to assist unlawful immigration. His extradition hearing is set for May 1, with a provisional bail hearing fixed for April 29. Four other men are scheduled to stand trial at the Old Bailey on October 5 in connection with the investigation.
In a remote Court of Appeal hearing, an 86‑year‑old paedophile, whose name is withheld to protect his victim's identity, appealed a conviction for three counts of indecent assault against his son committed between 1977 and 1979. The Central Criminal Court had found him guilty and imposed consecutive sentences totalling four years, a maximum penalty of two years at the time of the offences. The appellant's barrister argued that the trial judge failed to give a required corroboration warning, citing inconsistencies in the complainant's evidence and the judge's refusal to engage with it. The DPP countered that the judge's stance was consistent with judicial practice and that section 7 of the Criminal Law (Rape) (Amendment) Act 1990 left discretion to the judge. The Court of Appeal, presided over by Mr Justice Birmingham, reserved its judgment.
In a remote hearing of the criminal side of the Court of Appeal, Judge John Edwards reduced the sentence of Romanian national Mihai Tache, 31, who had been jailed for four years for handling 67 stolen mobile phones worth just over €17,000. The original six‑year headline sentence was deemed excessive; the court set a headline of four‑and‑a‑half years, applied the one‑third mitigating discount, and imposed a net sentence of three years. The court declined to suspend any portion of the sentence, noting Tache's significant record and prior reoffending. The decision was made after submissions by Ms Kitty Perle BL on Tache's behalf and was delivered by the Court of Appeal President, Mr Justice George Birmingham, and Ms Justice Una Ni Raifeartaigh. The hearing was the first of its kind to involve the judges and lawyers via video link. Mihai Tache pleaded guilty.
After five trials and two appeals over an 11‑year period, the Court of Appeal upheld the convictions of Mark Farrelly (48), David Byrne (46) and Niall Byrne (37) for the tiger kidnapping of a Dublin family and the robbery of Securicor of €2.08 million. The appellate court, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, found no merit in the gang's grounds of appeal. The defendants had pleaded not guilty to the false imprisonment of Paul Richardson's family at their Ashcroft home in Raheny and to the cash‑in‑transit robbery on 14 March 2005. They had argued that the evidence gathered by Gardaí was unconstitutional and should be excluded under the 2015 Supreme Court ruling in 'JC', but the court rejected this claim. The convictions were therefore confirmed and the appeals dismissed. The decision was released electronically as part of Covid‑19 pandemic measures.
The Court of Appeal has dismissed appeals by professional landlords Paddy McKeown and Adelaide McCarthy against High Court orders restraining them from interfering with four properties in Cork. The couple, who reside at Villa Nova, Douglas Road, challenged injunctions secured in 2017 by receiver Ned Murphy, appointed by AIB after the defendants allegedly defaulted on loan agreements. AIB claims to have obtained judgments exceeding €1.4m against the couple. The High Court, presided over by Mr Justice Paul Gilligan, had previously granted the receiver's orders and dismissed the couple's cross-applications to restrain the disposal of the properties. In a detailed written judgment, the three-judge panel, led by Mr Justice Brian Murray, upheld the High Court's decision. Mr Justice Murray stated that the defendants failed to establish any basis for concluding the High Court erred. He rejected allegations that the High Court judge was biased or unfair, describing the proceedings as scrupulously fair. The court also dismissed the argument that the receiver used an alias, deeming it utterly without merit. The only remotely arguable ground regarding the validity of the receiver's appointment was noted for consideration at the full trial of the action. The appeal was formally dismissed, leaving the original restraining orders in place.
In a 31‑page Court of Appeal judgement, Mr Justice Aileen Donnelly dismissed Tezaur Bita's challenge to the constitutionality of the offence of urinating in public under section 5 of the Summary Jurisdiction (Ireland) Amendment Act 1871. Bita, who was arrested after relieving himself on Old Nangor Road at 3.45 am on 27 August 2015, had argued that the 1871 offence was too vague and uncertain, and that he could not have known his conduct fell within the section. The court rejected his arguments, finding them irrelevant, and noted that the offence was not applied to him simply for urinating but for the circumstances in which it occurred, which the respondents contended were indecent. Bita's comparison of urinating to breastfeeding in public was described as an "extraordinary comparison" and was not considered relevant to the appeal. The court also rejected his claim that the section was arbitrary or conferred excessive power on Gardaí.
The Court of Appeal has listed an appeal against the conviction of an unnamed 15-year-old, referred to as Boy B, who was unanimously found guilty of murdering 14-year-old Ana Kriegel in May 2018. Boy B, who was 13 at the time, lured the victim from her home to a derelict house in Lucan where he was attacked by his friend, Boy A. Boy B was sentenced to 15 years detention, reviewable after eight years, with an earliest possible release date in June 2027. His co-accused, Boy A, was sentenced to life imprisonment with a review after 12 years for murder, plus eight years for aggravated sexual assault; no appeal has been lodged on Boy A's behalf. Boy B is appealing his conviction only, not the sentence. DPP counsel Brendan Grehan SC stated that three grounds of appeal were submitted, with the hearing scheduled for April 24. The President of the Court of Appeal, Mr Justice George Birmingham, confirmed that media will be present, but strict anonymity rules regarding the boys' identities, families, and schools remain in force. Boy B is currently detained at Oberstown Children Detention Campus, and arrangements for his transfer to court are being finalized. The matter is at the appeal stage, with the hearing set for a future date.
Mr Justice Brian McGovern retired from the Court of Appeal and High Court after more than fourteen years of service, including a long spell as judge in charge of the Commercial Court division of the High Court. He began his legal career as a barrister in 1972 and later served on several tribunals such as the Whiddy Island Tribunal, the Ryan Commission and the Lindsay Tribunal. In 2006, shortly after his appointment to the High Court, he presided over the embryo case involving Mary Roche and her frozen embryos. Tributes were paid by the President of the Court of Appeal, the Attorney General, the President of the Law Society of Ireland, the Chairman of the Bar Council, the CEO of Court Services, and others. Mr Justice McGovern thanked his family, colleagues, and supporters, and expressed a desire to depart quietly, following the example of Homer Simpson.
The Court of Appeal has dismissed an appeal by the Director of Public Prosecutions seeking to increase the sentence of Eoin Vickers, a 36-year-old man from Co Mayo. Vickers pleaded guilty to two counts of defilement of a girl under 15, three sample counts of defilement of a child under 17, and one count of defilement of a child under 17 regarding a friend, alongside an assault charge. These offences, alleged to have occurred between June 2011 and August 2013, involved an abusive relationship with two teenage girls, including the introduction of heroin and the removal of a contraceptive implant. On May 22, 2019, Mr Justice Michael White sentenced Vickers to 11 years' imprisonment, with the final two years suspended. The DPP argued this sentence was unduly lenient. President Mr Justice George Birmingham, sitting with Justices McGovern and Collins, acknowledged the case was exceptionally serious and that the Court of Appeal would have imposed a higher sentence, rejecting the discount given for the guilty plea. However, the court held that the original sentence, while very lenient, did not warrant intervention due to the singular nature of the facts and the wide margin of discretion afforded to the sentencing judge. Consequently, Vickers' original sentence remains unchanged.
In March 2020 the Court of Appeal upheld a June 2019 decision that allowed the media to publish the name of Joseph Carey, 63, who was convicted of sexually assaulting a 13‑year‑old babysitter in August 2001. Carey, who lived in St Ronan's Green, Clondalkin, denied the assault and had previously apologized, but the apology was later denied. He was found guilty by a jury and sentenced to two‑and‑a‑half years' imprisonment, with the final four months suspended. The appeal against the sentence was dismissed by a three‑judge panel, which found no error in principle. The court noted that the victim had lived near Carey for over a decade after the assault and that the offence involved a breach of trust, as the victim considered him an uncle and his home a safe place. The ruling also clarified that the victim's anonymity could not be protected by law, allowing his identity to be published.
In a 2020 Court of Appeal decision, the court held that a District Court judge's remark that a "genuine casino" would need a liquor licence was not pejorative or prejudicial. Midnight Entertainment Ltd, which operates the 4 Aces casino in Galway, had been charged with selling drinks without a licence on 28 November 2015. The company, claiming it is a private members' club and does not require a licence, denied wrongdoing and sought to defend itself. Midnight Entertainment had previously obtained a High Court order quashing the judge's refusal to recuse herself, citing remarks made in a 2015 case where the judge found a director guilty and imposed a suspended sentence, remarking that a genuine casino must have a licence. The Court of Appeal overturned the High Court's decision, remitted the matter to the District Court, and awarded legal costs against the company.
A man from Carrick-on-Shannon has lost an appeal against his six-year prison sentence for involvement in a sophisticated online fraud involving cloned stolen vans. Tom Reilly, aged 50, pleaded guilty to four sample counts of handling stolen property between August 2009 and June 2010. He was sentenced by Judge John Aylmer in May 2019, with the Court of Appeal upholding that decision today. The scheme involved vans stolen in the UK being brought to Ireland and sold to unsuspecting buyers through online platforms, resulting in losses totalling €50,150 across eight purchases. Evidence indicated that fraudulent logbooks were obtained using details from legitimate vehicles, which were then used to clone the stolen vans before importation to Ireland. The Court of Appeal found no error in principle in the original sentencing, confirming the six-year term was justified given the scale and sophistication of the operation.
A former soldier from Ballyhaise, County Cavan, has had the final year of his 15-year prison sentence suspended by the Court of Appeal. Shane Costello, aged 50, was convicted of raping and sexually assaulting three young girls over a decade, including his stepdaughter, who was aged 13 to 14 at the time of the offences in 2012. He had denied the rape charges but pleaded guilty to sexually assaulting two other children between 2001 and 2013. The Court of Appeal, presided over by Ms Justice Isobel Kennedy, found the offending grave and noted Costello had abused his position of trust as a father figure. The court re-sentenced him to 14 years and six months imprisonment, with three years post-release supervision imposed. Costello is required to enter into a good behaviour bond for the suspended period.
Mairtin Manning, 25, grandson of former Lord Mayor Christy Burke, pleaded guilty to knowingly possessing ten 400‑gram blocks of TNT and the explosive head of an RGD33 hand grenade on 2 June 2017 in Dublin 3. He was sentenced to seven years' imprisonment by the Special Criminal Court on 27 May 2017. The court noted that one 400‑gram block could create an under‑car bomb, describing the quantity as "very considerable", and that no harm occurred due to Gardaí's timely intervention. Manning was considered a courier who had played an important role but had no further role in processing the explosives. He had been due to appeal the severity of his sentence, but withdrew the appeal after the Court of Appeal's President reminded him of the court's full powers. His co‑accused, Declan McDermott, 31, also received seven years, while John O'Brien, 56, was jailed for 18 months for assisting an unlawful organisation.
In a 2020 Court of Appeal decision, Mr Justice George Birmingham urged that judges should not shy away from starting at the maximum five‑year sentence for section 3 assault cases, especially when the offence is "high‑end". He cited three Waterford cases where the original sentences were deemed unduly lenient. Martina McGrath (27) received an extra two years for stabbing a pregnant woman; Dale Brazil (25) was given an additional year for attacking a man with a metal bar; and Mark Dolan (32) avoided a return to jail after a six‑month term for smashing a rugby player's face, having "completely turned his life around". Birmingham noted aggravating factors such as use of a weapon, multiple assailants, pre‑planning and significant injuries, and argued that the headline sentences in all three cases should have been five years before any reduction for mitigating circumstances.
The Court of Appeal has been informed that the Minister for Justice has accepted a recommendation to grant temporary release to John Shaw, the State's longest serving prisoner. Shaw, aged 73, an English national, has been in custody for almost 44 years following his conviction at the Central Criminal Court on February 9, 1978, for offences including abduction, rape, torture and murder in Wicklow and Mayo. He will be entitled to two days escorted release annually. The court heard that a legal challenge to the Minister's earlier refusal of temporary release proceeded to full hearing in January despite the Minister having already reversed that decision. Mr Justice Patrick McCarthy expressed concern that the reversal was not communicated timeously to Shaw's legal representatives, resulting in proceedings that were effectively moot. The court noted the matter without imposing costs penalties. A 2016 risk assessment had identified Shaw as presenting high-level re-offending risk.
In 2020 the Court of Appeal re‑sentenced 76‑year‑old Dan Flynn, a former farm labourer from County Tipperary, for the brutal rape of a six‑year‑old girl in 1979. Flynn, who was 36 at the time, had forced the child onto his bed, raped her, forced his penis into her mouth, spat on her face and stepped over her while she lay on the ground. He pleaded guilty at the Central Criminal Court, with the plea entered at the "11th hour" the Friday before his trial. The original sentence was six years' imprisonment, with the final four years suspended, imposed on 13 May 2019. The Court of Appeal found the sentence "unduly lenient" and, following an appeal by the Director of Public Prosecutions, imposed a new five‑year term, with the final four years suspended.
The Court of Appeal, with reluctance, granted a 51‑year‑old rapist father extra time to appeal his conviction for sexually abusing his teenage daughter. The man, whose identity is withheld, had denied 22 counts of sexual abuse, oral rape, child sexual exploitation and attempted rape committed between October 2009 and July 2011 when the girl was 13 to 15. A Central Criminal Court jury found him guilty and he was sentenced to 12 years' imprisonment, with the final six months suspended, on 14 January 2019. He filed an appeal outside the 28‑day period, claiming a misunderstanding about who would lodge the paperwork. Justice Isobel Kennedy, after hearing the case, allowed the extension, citing the victim's interests and the need to conclude criminal proceedings.
Daniel Delaney, 27, of Mariner's Port, Sheriff Street, was convicted of three burglaries in 2017 – at the Clonsilla Inn, Siam Thai and Monkstown Rugby Club – and received an eight‑year sentence with the final year suspended. Two of the offences were committed while he was on bail, prompting the judge to impose consecutive sentences. Delaney appealed against the severity of the sentence, but the Court of Appeal upheld the decision, stating the Circuit Court judge was fully justified in imposing consecutive sentences. The Court noted the aggravating factors, including confrontations with occupants, night‑time burglaries, significant property damage and theft, and the planning involved. The suspended year was a discount, and the Court confirmed the overall sentence was not excessively severe. The appeal was dismissed. Daniel Delaney pleaded guilty.
Alan Craughwell (35) of Athlone, Co Westmeath, pleaded guilty to dangerous driving causing serious bodily harm following a collision with a nurse on December 24, 2017 at Taghmaconnell, Co Roscommon. He had been travelling with more than twice the legal alcohol limit and narrowly missed six oncoming vehicles before striking the victim's car. The Circuit Court imposed a fully suspended two-and-a-half year sentence in May 2019. The Court of Appeal found this sentence unduly lenient and re-sentenced Craughwell to two-and-a-half years imprisonment with the final 15 months suspended. Mr Justice George Birmingham described the driving as "sustained, rank bad driving" rather than isolated poor judgement. The victim, a nurse, sustained serious injuries including fractured ankles and experienced significant disruption to her working life and family activities. Craughwell's ten-year driving ban remained in effect, and he was required to enter a good behaviour bond for the suspended portion of his sentence. Alan Craughwell had the case dismissed.
The Court of Appeal ruled that an unlawful gag order preventing the media from naming a convicted sex offender remains in force. Mr Justice Brian Murray, in a lengthy judgment, rejected an appeal by several media firms against the order that barred identification of a 16‑year‑old who admitted sexual assault and attempted defilement of a 14‑year‑old girl in 2010. The offender and two co‑accused first appeared in the Children's Court in 2011 under reporting restrictions. In 2014, at the Dublin Circuit Criminal Court, the offender pleaded guilty and was sentenced to two years' imprisonment, a sentence fully suspended by Judge Mary Ellen Ring. The court noted that the victim had waived anonymity, but the gag order persisted. The High Court later found the July and October 2014 restrictions lawful but ruled there was no lawful basis for Judge Ring to continue them after 31 October 2014.
A man, whose identity is withheld for legal reasons, has brought a defamation claim against Ulster Bank and EBS, alleging that the banks failed to forward child‑maintenance payments to his former partner for about 12 years. He says that after a court order required him to pay roughly €45 per week for his son, he set up a standing order with Ulster Bank to transfer the money to his ex‑partner's EBS account. The funds were instead held in a holding account and never reached her. He discovered the issue during a phone call with her, who claimed she had never received any payments. The man argues that the banks' alleged negligence damaged his relationship with his son and harmed his reputation. The case reached the Court of Appeal, where the appeal by EBS to strike out the defamation claim was dismissed, with the court upholding the High Court's decision that the claim was not bound to fail.
In a 2020 Court of Appeal decision, a 20‑year‑old charged with sexually assaulting a six‑year‑old neighbour in 2014 was allowed to proceed to trial after the High Court refused his request for a stay or injunction. The accused, whose identity is withheld, was charged 2½ years after the alleged offence and faces a Circuit Criminal Court trial next year. His lawyers argued that prosecutorial delay had prejudiced him, citing loss of anonymity, non‑application of children's sentencing principles and a mandatory sentencing report. The High Court acknowledged the delay but denied relief. The Court of Appeal, presided over by Mr Justice George Birmingham, described the delay as "quite unacceptable" and noted that the Garda Youth Division had sent eight reminders between late 2015 and early 2016, yet the skeleton file was not received until summer 2016.
Two Polish nationals, Tomasz Witkowski (41) and Mariusz Sowa (39), were arrested in March 2018 in Co Carlow for possessing €1.3 million worth of cannabis. They pleaded guilty and were each jailed for two‑and‑a‑half years by Judge James McCourt in April 2019. Prosecutors appealed, arguing the sentences were unduly lenient. The Court of Appeal, led by Mr Justice George Birmingham, reviewed the case and re‑sentenced both men to six years imprisonment. The court noted that Gardaí had seized 65 kg of cannabis in 77 packets, along with €21,000 in cash, and that the drugs had been prepared for distribution across Ireland. The appeal highlighted that the men were not mere couriers but played an integral part in the distribution network, and that the original sentences failed to meet deterrence requirements.
John Shaw, aged 73 and Ireland's longest-serving prisoner, brought an appeal before the Court of Appeal challenging the Minister for Justice's refusal to grant him two days of temporary release annually. Shaw has been in custody since September 1976 following his conviction at the Central Criminal Court in February 1978 for offences including abduction, rape, torture and murder. The Parole Board had recommended limited escorted outings, a recommendation the Minister declined without providing written reasons. Shaw's counsel argued the Minister's discretion was exercised arbitrarily and that Shaw had no clarity on what might satisfy the Minister's requirements. The Director of Public Prosecutions' representative contended the refusal was grounded in a dynamic risk assessment determining Shaw posed a high risk of reoffending. The three-judge panel reserved judgement. Shaw was not present during the hearing at the Court of Appeal.
David Byrne, a 43‑year‑old former postman from Kilcullen, was convicted of dangerous driving causing the death of 70‑year‑old Patricia Dunne in Dublin on 16 October 2015. He also pleaded not guilty to dishonestly inducing the National Driving Licence Service to issue a licence and to making a false statement on an insurance application. A jury found him guilty on all three counts and Judge Patricia Ryan sentenced him to five years' imprisonment on 11 May 2018. The Court of Appeal, led by Mr Justice George Birmingham, reduced the sentence to four years, suspending the final 12 months, citing mitigating factors such as Byrne's exemplary character, good work record and long period of incident‑free driving. The court upheld a lifetime driving disqualification. Byrne suffers from Type 2 Usher Syndrome, a degenerative eye disorder that causes peripheral vision loss. The appeal was rejected, with the court affirming that the trial was fair and the verdict safe.
In December 2019 the Court of Appeal upheld the conviction of Roy Webster for the 2015 murder of Anne Shortall, a 47‑year‑old mother of three. Webster, aged 42, had been found guilty of murder by a jury at the Central Criminal Court and sentenced to life imprisonment by Mr Justice Patrick McCarthy in March 2017. He appealed, arguing that the trial judge had not properly explained the partial defence of provocation and the required intent. The Court of Appeal, led by Mr Justice George Birmingham, rejected the appeal, stating the judge's charge was careful and focused. The decision means Webster will continue to serve his life sentence. The case involved Webster's admission that he had used a hammer to strike Shortall nine times on the head after she threatened to expose his affair with her.
A County Mayo man convicted of raping his daughter between 2006 and 2010 has had his appeal against conviction dismissed by the Court of Appeal. The man, aged 47, was sentenced to fifteen years imprisonment with the final year suspended following his conviction in the Central Criminal Court on charges of sexually assaulting and raping his daughter on multiple occasions when she was between seven and eleven years old. The Court of Appeal upheld the conviction, finding the man to be "a highly manipulative and controlling person". The court rejected his argument that his daughter had confessed to fabricating her evidence during a prison visit, determining such claims were "not credible". Mr Justice John Edwards noted the victim's conflicting emotions but found her evidence remained adamant and consistent. The court also rejected a submission that the trial should have been halted following evidence from the victim's sister regarding similar allegations. The man continues to maintain his innocence. The unnamed 47-year-old pleaded not guilty.
In a 2019 retrial, Amanda Bailey, wife of Yusif Ali Abdi, testified that her husband's treatment has been "beyond cruel." She recounted their meeting in 1998, pregnancy in 1999, and marriage to secure his legal status. Bailey described Abdi as a quiet, caring partner who later displayed signs of paranoia and depression after a 2001 arrest and a visit to Africa. She detailed an argument over their son Nathan, during which Abdi threw a phone that cut her lip, and her subsequent refusal to return home until he sought psychiatric help. On the night of Nathan's murder, Bailey heard noises, saw Abdi praying, and found the child pale, blood‑stained, and lifeless. She noted Abdi's denial of mental illness and his accusations of her poisoning him. The prosecution highlighted that Abdi was convicted in 2003, but a 2019 appeal led to a retrial based on newly discovered evidence of early signs of paranoid schizophrenia. Yusif Ali Abdi pleaded not guilty.
Alan Freeman, aged 38, was convicted of violently breaking into the Garvey family home in Pallasgreen, Co. Limerick, on 16 April 2012, where he and two other men used a sawn‑off shotgun, a sledgehammer and a baseball bat. The gang restrained the occupants, threatened Gerard Garvey and his 14‑year‑old daughter, and took cash before fleeing. Freeman, along with Patrick Roche (54) and Philip Roche (25), was also found guilty of a separate burglary at the Creed home. Judge John Hannan sentenced Freeman to 14 years, with the final three years suspended. On 10 December 2019 the Court of Appeal quashed Freeman's conviction and ordered a retrial, while the convictions of the Roche men were upheld. The appeal was based on the Court's view that evidence linking Freeman to an alleged burglary at another home should have led to a separate trial, as the evidence was deemed insufficient and potentially prejudicial.
The Court of Appeal quashed the money‑laundering conviction of Henry Alinta, 44, owner of Aligreen Recycling Limited, after a trial judge's instructions were found to have confused the jury about the presumption of innocence and the burden of proof. Alinta had been stopped at the M1 Toll Plaza outside Drogheda, where Gardaí found €127,000 and £146,940 in his BMW X6. He claimed the cash was collected on instructions from a Nigerian friend, Sanni, and that he did not know the amount. A jury convicted him after 27 minutes of deliberation and sentenced him to four years' imprisonment, 18 months suspended. The Court of Appeal held that the judge's explanation created "confusion" that was fatal to the trial's integrity, and the conviction was therefore quashed. The case will be reviewed for a possible retrial. Henry Alinta pleaded not guilty.
The Court of Appeal dismissed Michael McDonald's appeal, which argued that his alcoholism or Alcohol Dependence Syndrome had diminished his responsibility for the murder of Breda Cummins. McDonald, 56, had admitted killing Cummins, 31, in 2010 but denied murder, and was convicted of murder in 2012 with a mandatory life sentence. His defence at trial claimed diminished responsibility due to schizoaffective disorder; the jury rejected this and found him guilty. In the appeal, his barrister Michael Lynn SC presented psychiatric experts who agreed McDonald suffered from alcoholism but also agreed it did not fall within the Criminal Justice (Insanity) Act 2006 definition of diminished responsibility. The Court of Appeal, led by Mr Justice George Birmingham, held that the argument was raised too late, was not raised at trial, and could not be pursued at appellate level. The appeal was dismissed, with the court affirming the trial judge's rulings and the verdict as safe and proper.
The Court of Appeal will ask the Court of Justice of the European Union for clarification on EU fishing regulations that govern the return of fish to sea in Irish waters. The case involves Dutch skipper Klass Meijvogel, who was convicted in 2015 of operating a Dutch factory ship, the Wiron 5, that had equipment capable of returning fish to the sea within the Irish exclusion zone near Cork. The ship was boarded by the Irish Naval Service on 11 February 2015, and the boarding party found a grading machine and chute that could return pelagic fish such as herring, mackerel or horse mackerel, which EU regulations made illegal to discharge or return. Meijvogel pleaded not guilty but was found guilty by a 10‑2 jury. Judge Seán Ó Donnabháin ordered confiscation of €344,960 for the catch and €55,000 for gear.
In a case heard by the Court of Appeal on 22 November 2019, Brandon Power, aged 21, was found to have bitten Garda Thomas Devereux's finger so hard that the bone snapped during an incident at the Bray courthouse on 31 March 2018. Power had pleaded guilty to assaulting the Garda and was already being sentenced for a separate matter when he became aggrieved and tried to escape. While being restrained, he bit the Garda's finger, causing the injury. Judge Terence O'Sullivan had originally imposed a wholly suspended one‑year sentence on 11 April 2019. The Court of Appeal, with Mr Justice George Birmingham presiding, declared that sentence "unduly lenient" and ordered a re‑sentencing hearing on 10 March 2020. The court also requested an updated probation report and allowed Power to remain on bail pending the new hearing. The decision does not yet specify a custodial term, but indicates that a custodial sentence may be imposed.