A lay litigant with addresses in County Mayo attempted to effect a citizen's arrest on a solicitor from the office of the Director of Public Prosecutions during proceedings in the Court of Appeal on Friday. Stephen Manning, a candidate in the 2016 general election, had previously sought to arrest a DPP solicitor and barrister during judicial review proceedings in the High Court. Mr Manning is now appealing certain findings from those High Court proceedings. During case management on Friday, he disputed the title of his appeal and made various allegations of fraud. When asked to sit down by the President of the Court of Appeal, Mr Justice George Birmingham, Mr Manning refused. Following the lunch adjournment, he approached the DPP solicitor and placed his hand on the solicitor's shoulder, requesting he accompany him to a garda station. Members of An Garda Síochána present declined to take anyone into custody.
Ciaran Maguire and Sean Paul Farrell, Dublin men wanted in Northern Ireland for the alleged attempted murder of a PSNI officer and possession of explosive substances, raised constitutional concerns regarding their potential extradition. Both face life imprisonment if convicted. Maguire's counsel argued that evidence gathered during their arrest in Donegal, including DNA and interview transcripts, must be scrutinized in Ireland to ensure it was not obtained unlawfully, as Irish constitutional protections cannot be challenged in Northern Ireland. Farrell's counsel contended that his client was informed of a right to silence that does not exist in Northern Ireland, where inferences can be drawn from silence. The Minister for Justice's counsel dismissed these as fishing expeditions, noting that inferences are trial issues. The Court of Appeal previously rejected a judicial review concerning the Gardaí's refusal to provide this information. In the High Court, Mr Justice Donald Binchy stated the applications deserved a written judgment, aiming to deliver it by November 26. He also granted each man senior counsel to argue their extradition case in December. The matter remains at the pre-extradition procedural stage, with no final determination on the extradition request yet made.
Two Dublin men wanted in Northern Ireland for the alleged attempted murder of a Police Service of Northern Ireland officer have failed in their latest legal challenge. Ciaran Maguire, aged 29, and Sean Paul Farrell, aged 32, face charges of attempted murder and possession of explosive substances with intent to endanger life, offences that carry potential life sentences if proven. The Court of Appeal dismissed their judicial review application on Friday. The men were arrested in County Donegal in June 2015 following the discovery of an improvised explosive device beneath a PSNI officer's vehicle in County Derry. They sought disclosure of custody records and samples taken during their detention at Letterkenny Garda Station. Ms Justice Isobel Kennedy ruled their arguments speculative and found no explicit obligation on gardaí to provide the material before extradition proceedings. The Minister for Justice indicated an application would be made for an extradition hearing date in mid-November.
In the Court of Appeal, state lawyers argued that the right to privacy is subordinate to the State's right to investigate crime, citing the €2m tiger kidnapping of the Richardson family. The case involves Mark Farrelly (48), David Byrne (46) and Niall Byrne (37), who pleaded not guilty to false imprisonment and robbery of Securicor. Farrelly, deemed the gang's mastermind, was sentenced to 17½ years; Byrne to 13½ years; Byrne to 10 years. Christopher Corcoran (72) received 12 years for scouting the kidnapping. The appeal, opened in January 2018, challenges the constitutionality of evidence gathered by Gardaí under 1993 legislation, now superseded by 2005 law. Counsel for the Director of Public Prosecutions contended that the breach did not affect evidence quality, as the same data would have been obtained under the newer law. The Court reserved judgment.
Rosalind Barton, 49, of Barrduff, Killarney, pleaded guilty to possessing €139,000 worth of cannabis for sale or supply at Dromalour, Kanturk, Co Cork on 8 December 2017 and €8,000 worth of cocaine at her home on the same date. She claimed the drugs were sold to fund feeding of abandoned horses at her sanctuary. Barton was sentenced to six years' imprisonment, with the final two years suspended, by Judge Seán Ó Donnabháin on 10 January 2019. The Court of Appeal upheld the sentence. The court noted that gardaí observed two vans entering the side of the road outside Kanturk, from which black refuse bags containing the cannabis were taken. A follow‑up search of Barton's home revealed the cocaine. Barton admitted her role in the transactions and had no prior convictions. The appeal was dismissed with no error found in principle.
The Court of Appeal overturned a High Court ruling that had barred a 59‑year‑old man from being tried for alleged sexual abuse of his two sisters between 1974 and 1985. The man had been charged with 17 counts of rape and sexual abuse, but claimed he was not living in the family home during the period and that he had lived with grandparents and another relative, all now deceased. He argued that the deaths of potential witnesses and his prior conviction for serious sexual offending would prejudice his right to a fair trial. The High Court had agreed, citing the lack of corroboration and the risk of a "swearing match" between the parties. The Court of Appeal found the man had not shown how the unavailability of witnesses would lead to an unfair trial and therefore allowed the appeal, granting a 14‑day stay pending a Supreme Court application.
A 27-year-old man from Letterkenny, County Donegal, has had his suspended sentence for violent disorder doubled by the Court of Appeal. Johnny McDonagh was convicted in Castlebar Circuit Court following a trial relating to an incident at his grandfather's funeral in Ballyhaunis, County Mayo on 16 June 2016. The court heard he had been sentenced to three years suspended in February 2019, but the trial judge had been mistaken about the sentence imposed on a co-accused. The Court of Appeal found this error had resulted in a manifestly inadequate sentence. The court quashed the original three-year suspended sentence and imposed a new six-year sentence, suspended for five years. The president of the Court of Appeal remarked that McDonagh now has a substantial suspended sentence and must avoid further trouble.
Paul Flaherty, 30, will await the Court of Appeal's decision on his five-year sentence for sexually assaulting a woman he met via Tinder. Flaherty was found guilty by a jury at the Central Criminal Court last December of sexually assaulting the victim at his home in Tallaght, Dublin, on August 31, 2015. During the appeal hearing, Michael O'Higgins SC argued that the trial judge should have assessed which specific offence was proved beyond reasonable doubt, noting that the prosecution failed to break down the acts into separate charges. Counsel stated that if Flaherty was only guilty of forcibly removing clothing, it would be a lower-end offence, whereas attempted strangulation would be more serious. He highlighted a "serious issue" regarding the jury's findings on attempted strangulation and genital touching. Conversely, Eilis Brennan SC for the DPP argued the trial judge was clear in sentencing, citing bruising on the victim's neck and her distressed state as evidence of a violent assault at the higher end of the scale. The trial judge, Mr Justice Michael White, had previously noted the victim clearly rejected sexual contact. President of the Court of Appeal Justice George Birmingham stated he would deliver the judgement on October 24. Consequently, the matter was adjourned until that date.
In a 2018 case, Judge Karen O'Connor sentenced Paul Goddard, 58, and Derek Naylor, 47, to four‑year suspended sentences for their roles as drug mules in a €147,498 cannabis operation. The DPP argued the sentences were too lenient, noting that both men were more than mere carriers; they transported drugs to other locations. Naylor, a taxi driver with no prior convictions, admitted a drug debt of €800 and was paid €300, while Goddard, who had four minor traffic convictions, admitted possession of amphetamine and cannabis and was paid €1,000. The DPP highlighted that Goddard faced a threat to his daughter's family and had a moderate risk of reoffending, whereas Naylor's risk was low. The Court of Appeal was asked to review the probation reports and related evidence.
In a case heard by the Court of Appeal, a Nigerian man, Prince Ajibola, aged 51, had his four‑year prison sentence upheld. He had been convicted of money laundering after €32,000 was transferred to his bank account by a financial institution following a fraud. Ajibola pleaded guilty on 26 March 2019 and was sentenced by Judge Pauline Codd on 29 May 2019 to four years in prison, with the final two years suspended. The appeal argued the sentence was excessive, noting that Ajibola had no role in the theft of the funds, which were placed in his account by a man named Kumar. The Court found no error in the judge's decision, citing Ajibola's prior convictions and the need for deterrence. The sentence was considered within the legitimate scope, with a 50 % effective discount applied for health and personal circumstances. The appeal was dismissed, leaving the original sentence in place.
In October 2019 the Court of Appeal upheld a 15‑year prison sentence that had been imposed on Joseph Hogan, a 66‑year‑old resident of Rose Court, Keyes Park, Limerick city, for the rape and sexual assault of his niece. Hogan had been convicted in 2015 on three counts of rape and one count of attempted rape, with an additional ten‑year term for three counts of sexual assault, all of which were to run concurrently. The offences occurred between 1984 and 1988 when the victim, Ms Sonya Stokes, was aged between seven and eleven. Hogan had pleaded not guilty to all counts. The appeal court found no error in the original sentencing and confirmed that the 15‑year term was within the appropriate range for the seriousness of the offences, given the victim's age and the breach of trust involved.
A visually impaired postman who was convicted of dangerous driving causing the death of an elderly pedestrian has had his conviction upheld by the Court of Appeal. Postman David Byrne (43) of Sunnyhill, Castlemartin Lodge, Kilcullen, Co Kildare, had pleaded not guilty to dangerous driving causing the death of Patricia Dunne (70) at Collins Avenue East, Killester in Dublin on October 16, 2015. He also pleaded not guilty to dishonestly inducing the National Driving Licence Service (NDLS) to issue him with a driving licence and making a false or misleading statement while taking out insurance. He was found guilty by a jury on all three counts and sentenced to five years imprisonment by Judge Patricia Ryan on May 11, 2018. During the trial, the court heard that Ms Dunne had been walking home pulling a shopping trolley when she was struck by Byrne's car. Byrne has Type 2 Usher Syndrome, a degenerative eye disorder resulting in peripheral vision loss. The Court of Appeal rejected all grounds of appeal, including the claim that Byrne should have been charged with a lesser offence. The court upheld that Byrne ticked a box on his licence application stating that he did not have any condition affecting his peripheral vision, thereby making a gain by deception. The matter was adjourned, with Mr Justice Birmingham presiding, along with Ms Justice Maire Whelan and Ms Justice Isobel Kennedy, to hear an appeal relating to the length of Byrne's sentence in November.
Stephen Sarsfield, 39, of New Street Gardens, Dublin 8, pleaded guilty to possessing €4,170,932 of cannabis and heroin for sale or supply at an address on Ballyfermot Drive on 17 July 2017. He had four minor previous convictions. The Court of Appeal increased his original seven‑year sentence to ten years. The appeal court found the original sentence unduly lenient given the "enormous scale of the activity". Sarsfield was caught with 300 times the amount of drugs required for a minimum sentence of ten years. He had an early guilty plea but offered no material assistance. The Court of Appeal set the term at ten years, noting that a longer sentence could be justified but the minimum was deemed appropriate in this case. The decision was delivered by Mr Justice George Birmingham, with Ms Justice Maire Whelan and Mr Justice Pat McCarthy.
In 2015 a 38‑year‑old man raped his wife at their Dublin home. He was convicted at the Central Criminal Court and originally sentenced to five years' imprisonment with two years suspended. The Court of Appeal found the sentence too lenient and increased it to seven‑and‑a‑half years with two years suspended. The judge noted the offence was aggravated by a breach of trust and the victim's fear and humiliation. The wife had pleaded for clemency, arguing that imprisonment would add to her suffering, but the Court of Appeal considered the crime an attack on society and set the headline sentence at seven‑and‑a‑half years, suspending the final two years as before. The decision was delivered by Justice Isobel Kennedy, Justice George Birmingham and Justice John Edwards.
Gavin Sheehan, aged 31, was convicted on 15 May 2016 of possessing a firearm and ammunition, recklessly discharging a firearm, and assault causing serious harm to Ciara Sheehan, a woman who was not related to him. The offence involved firing a handgun through a house window in Cork city, striking Ciara in the neck. Sheehan received a 14‑year prison sentence, with the final three years suspended, imposed by Judge Seán Ó Donnabháin on 14 February 2017. He has now applied to appeal the sentence. In the appeal, Patrick McGrath SC argued that the case relied on circumstantial evidence and that forensic evidence linking the bullet to the firearm was lacking. He highlighted that the bullet casing was found several houses away, that CCTV and 999 call times conflicted, and that some video evidence was of poor quality. The Court of Appeal, presided over by Mr Justice John Edwards, has reserved its judgment.
Martin Conroy, aged 45, has failed in his appeal against a sentence imposed by Castlebar Circuit Court in June 2018. Judge Seán Ó Donnabháin sentenced Conroy to five years imprisonment, with the final 18 months suspended on condition of residential treatment for alcohol addiction, following his conviction for burglary. A further charge of impersonating a garda was taken into consideration. The offence occurred on 12 December 2017 when Conroy broke into a home in Castlebar, County Mayo, and falsely identified himself as a garda to the elderly householder. He fled when asked to produce identification and was subsequently located by gardaí. Conroy pleaded guilty and made full admissions. His legal team argued the sentence was excessive, citing lack of premeditation and his acting alone. However, the Court of Appeal, presided over by Mr Justice John Edwards, upheld the original sentence, finding it not disproportionate given Conroy's 50 previous convictions and the psychological impact on the victim.
The Court of Appeal has doubled the jail term for Alan Curtis, who was convicted of intentionally or recklessly causing serious harm to 16-year-old David McClelland in Crumlin, Dublin, in March 2014. Curtis, of Kimmage, had pleaded not guilty to the charge, claiming self-defence after youths damaged his car outside his mother's home. However, a jury at Dublin Circuit Criminal Court found him guilty, noting that he followed McClelland and struck him with a hurley in an act of revenge rather than defence. McClelland suffered a depressed skull fracture requiring emergency surgery and rehabilitation. The Director of Public Prosecutions successfully sought a review of the original sentence, arguing it was unduly lenient. The original sentence of four years imprisonment, with the final two years suspended, was replaced by a re-sentencing of five years imprisonment, with the final 12 months suspended. In delivering the judgment, Mr Justice Patrick McCarthy, sitting with President George Birmingham and Ms Justice Isobel Kennedy, stated that no one can take the law into their own hands. The court emphasized that the proper response to the incident would have been to speak peacefully to the youths or contact the gardaí, rather than engaging in physical retaliation.
In 2017, Mark O'Sullivan, 29, struck David Kirwan with a single punch to the back of the head near James Everett Park, Bray. Kirwan suffered catastrophic injuries, including brain damage, seizures, memory loss and hearing loss, and was in a medically‑induced coma for days. O'Sullivan pleaded guilty to assault causing serious harm. The Wicklow Circuit Criminal Court sentenced him to seven years' imprisonment, suspending the final two‑and‑a‑half years, after describing the assault as unprovoked, cowardly, vicious and violent. The Court of Appeal later reduced the net term to two years and three months, citing mitigating factors such as O'Sullivan's community service and the fact that he had no prior convictions. The appeal judge noted O'Sullivan's remorse and his actions after the assault, including calling an ambulance and keeping Kirwan in the recovery position.
A family in Co Roscommon has been ordered by the High Court to vacate their home near Strokestown within one month. Mr Justice Senan Allen ruled on Friday that KBC bank is entitled to an injunction requiring siblings Michael Anthony, David, and Geraldine McGann to leave their property at Falsk. The judge found the defendants have no legal entitlement to remain and are trespassers, having lost a possession order obtained by the bank in 2012. The family must vacate by noon on 12 November. The case stems from a controversial eviction attempt in December last year when the property was repossessed following loan arrears exceeding €431,000. The McGanns subsequently re-entered and occupied the property. Their legal representatives indicated an intention to appeal the decision to the Court of Appeal and requested a stay on the vacation order, which the judge partially granted to allow time for alternative accommodation.
Molly Sloyan, 26, from Kinsale, was sentenced to 10 years' imprisonment with the final three years suspended for her role in a cocaine "factory" operation in Bantry. The Court of Appeal found the headline tariff too high, reducing it to seven years, then to five years after mitigating factors. Sloyan admitted to renting a house, hiring a car and buying chemicals used in extracting cocaine from imported fabric, but she was not involved in the extraction itself. She was not the mastermind or top of the hierarchy, though she provided logistical support and was fully aware of the operation. The Court noted her lack of prior convictions, early guilty plea, cooperation with Gardaí, and a psychological report detailing life adversities. A suspended 18‑month period was imposed, and she must fully cooperate with probation services for two years. The decision was made by Mr Justice John Edwards, Mr Justice Patrick McCarthy, and Ms Justice Isobel Kennedy.
The Court of Appeal upheld the High Court's injunctions that allowed two Leaving Certificate students, expelled for recording and posting a classmate snorting white powder, to return to school. The injunctions, granted by Mr Justice Max Barrett, were part of the students' High Court action to challenge the expulsion. The appeal court, consisting of Mr Justice George Birmingham, Ms Justice Maura Whelan and Ms Justice Caroline Costello, found Mr Justice Barrett's approach correct and agreed that the expulsion was irrational. The students had also appealed to the Department of Education, where a Section 29 Committee reversed one boy's expulsion but upheld the other's. The Court of Appeal noted that the High Court's intervention was limited to the period until the full determination of the case, either by a judge or through the appeals process. The students argued the expulsions breached fair procedures, were disproportionate and flawed.
The Court of Appeal has reduced the sentence of Martin Wanden, who was found guilty of his role in the €440 million drugs haul that went awry at Dunlough Bay, West Cork, in 2007. Wanden, who pleaded not guilty, was originally sentenced to 30 years imprisonment by Cork Circuit Criminal Court. His appeal, arguing the sentence was "crushing" and disproportionate, was successful. The court re-sentenced him to 23 years, noting mitigating factors including the tragic death of his wife and his status as a foreigner. The court found him "majorly involved" at an operational level, referencing his prior 2005 conviction for smuggling drugs in France. In related appeals, Perry Wharrie's original 30-year sentence was previously reduced to 17.5 years by the Court of Criminal Appeal, though the Supreme Court later ruled this reduction was legally incorrect. Joe Daly's 25-year sentence was upheld on appeal. A fourth defendant, Gerard Hagan, who pleaded guilty to possession of cocaine for sale or supply, received a 10-year sentence. The appeals highlighted the severity of the original sentences, which were among the longest ever imposed for drugs offences in Ireland.
In a 2019 decision, the Court of Appeal struck out appeals filed by Portuguese companies against a €1 million damages award granted to workers who claimed they were underpaid and lived in a "work camp" while building part of the N7 motorway. The High Court had awarded the workers damages and legal costs, and the companies—Rosas Construtores SA, Constructocoes Gabriel AS Couto SA and Empresa Deconstrucoes Amandio Carvalho SA—had appealed. The three‑judge panel, led by Justice Michael Peart, Justice Marie Baker and Justice Caroline Costello, found the appeals to be an abuse of process aimed at delaying payment. Justice Costello noted that the employers' conduct was "extremely serious and persistent" and that the appeals would add further years of delay. The court therefore dismissed all appeals, leaving the employers liable to pay the compensation and legal costs. The employers announced plans to appeal the decision to the Supreme Court.
Christopher Black, 27, pleaded guilty to two robberies and heroin possession in Dublin in late 2016 and early 2017. Judge Martin Nolan sentenced him to consecutive terms totalling four‑and‑a‑half years on 6 December 2017. Black's appeal against the severity of that sentence was dismissed by the Court of Appeal. Justice Aileen Donnelly, sitting with Justices George Birmingham and Patrick McCarthy, held that the sentence was not excessive. Donnelly recounted Black's offences: a 2016 robbery of a 65‑year‑old shopkeeper on Glasnaon Road, a drug‑related incident on Amiens Street where he was found with 27 g of heroin, and a 2016 ATM robbery of an 18‑year‑old woman on Camden Street while holding a syringe. She noted Black's 55 prior convictions and long‑standing substance abuse, but said rehabilitation was not a sufficient reason for a suspended portion. The appeal was therefore dismissed.
The Court of Appeal has increased the effective custody period for Roger Ryan, a defendant with over 90 previous convictions, including a prior rape conviction. Ryan was originally sentenced in Clonmel Circuit Criminal Court to seven years' imprisonment for three offences, with the final two years suspended. Additionally, Limerick Circuit Criminal Court imposed a wholly suspended three-year sentence for a robbery at Fine Wines, which was ordered to be consecutive as the crime occurred while he was on bail. The Director of Public Prosecutions appealed the Limerick sentence as unduly lenient, while Ryan's legal team challenged the severity of the Clonmel sentence. President Mr Justice Birmingham, sitting with Ms Justice Donnelly and Mr Justice McCarthy, found the Clonmel sentence overly severe given Ryan's history and the reality of the suspended portion. Conversely, the court determined the Limerick judge erred by suspending that sentence entirely. The court re-sentenced Ryan to six years' imprisonment for the Clonmel offences, with the final two years suspended. For the Limerick robbery, he received a consecutive three-year sentence with the final 18 months suspended. This intervention resulted in an additional six months of effective custody. Ryan was required to enter a good behaviour bond for the suspended periods. The court noted his adverse background and institutionalisation but acknowledged his positive conduct in custody.
In the appeal of Michael McDonald, a 56‑year‑old alcoholic who murdered his ex‑girlfriend Breda Cummins in 2010, the Court of Appeal was presented with an argument that alcohol dependence could diminish responsibility for murder. McDonald admitted stabbing Cummins six times but denied murder, and the defence claimed his responsibility was reduced by schizoaffective disorder. The jury rejected this and convicted him of murder, sentencing him to mandatory life imprisonment. On appeal, barrister Michael Lynn SC argued that both prosecution and defence psychiatric experts agreed McDonald suffered from alcoholism or alcohol dependence syndrome, yet the condition was excluded from the Criminal Justice (Insanity) Act 2006. Lynn contended this exclusion deprived McDonald of a significant defence and caused a fundamental injustice. Director of Public Prosecutions counsel Orla Crowe SC countered that the experts agreed the condition did not fall within the statute and that no evidence linked alcoholism to the murder.
Molly Sloyan, 26, from Kinsale, Co Cork, had her 10‑year prison sentence for participation in a cocaine "factory" cut in half by the Court of Appeal. She had pleaded guilty at Cork Circuit Criminal Court to possession of cocaine for sale or supply at Seascape, Dromleigh, Bantry, on 26 November 2017. The original sentence, imposed by Judge Seán Ó Donnabháin, was 10 years with the final three years suspended, after the court described the operation as a sophisticated system of extracting cocaine from fabric imported from Brazil. Sloyan admitted renting a house on Airbnb, hiring a car and buying chemicals used in the extraction. The Court of Appeal found the headline sentence "simply too high" and re‑sentenced her to five years with the final 18 months suspended.
Patrick McMorrow, aged 51, of Caltragh Crescent, Sligo, has failed in his appeal against a ten-year sentence imposed for a knife attack at the Crozon Inn in October 2016. McMorrow pleaded guilty to assault causing serious harm to two victims following an altercation at a post-funeral gathering. The Court of Appeal, presided over by Mr Justice George Birmingham, upheld the sentence handed down by Judge Keenan Johnson in June 2018, with the final two years suspended. One victim was stabbed five times and required intensive care treatment, whilst the second suffered a collapsed lung. The appeal court rejected submissions that the sentencing judge had placed excessive emphasis on deterrence when referencing local knife crime prevalence. Mr Justice Birmingham stated there was nothing improper in the trial judge's remarks concerning the frequency of such offences or the expectation of severe penalties.
Christina Joyce, 31, was found guilty of endangering Garda Thomas Gallagher and assaulting him on 9 April 2018 at Macken Villas, Grand Canal Dock. She also pleaded guilty to two counts of trespass, damaging a wall and a car. Judge Martin Nolan sentenced her to four‑and‑a‑half years' imprisonment on 19 July 2018, a sentence upheld by the Court of Appeal. The appeal was dismissed by a three‑judge panel headed by Ms Justice Aileen Donnelly. The court noted that Joyce, while high on crack cocaine, drove her Volvo at speed, failed to stop when signalled, and fled after a confrontation with the garda. She had a history of 67 convictions, including 14 public‑order offences and 13 theft or fraud offences. The appeal was rejected, leaving the original sentence in place.
The Court of Appeal has reserved judgment on the appeals of five individuals convicted by the Special Criminal Court for their involvement in an IRA inquiry at Riverwood Park, Castleknock, Dublin 15, on August 7th and 8th, 2015. Kevin Hannaway (71) and Eva Shannon (61), both of Belfast, were sentenced to 45 months and 48 months imprisonment respectively for assisting the interviewing of persons involved in IRA-organised criminal activities. Seán Hannaway (48) received five years and six months, David Nooney (53) three years and nine months, and Edward O'Brien (42) 16 months, all for membership of an unlawful organisation styling itself the IRA. All five defendants, who had denied the charges, are appealing their convictions. DPP counsel Anne-Marie Lawlor SC argued that covert audio recordings were authentic evidence, rejecting defence claims that they were fabricated by Garda HQ. She contended the Special Criminal Court erred in ruling that gardaí breached the Criminal Justice (Surveillance) Act 2009, stating such issues went to the weight of evidence rather than admissibility. Defence counsel highlighted gaps in surveillance coverage and alleged statutory breaches regarding the handling of the recordings. The bench, comprising Mr Justice George Birmingham, Mr Justice John Edwards, and Mr Justice Patrick McCarthy, heard submissions before reserving judgment.
In 2017, Egyptian national Mohamed Okda, aged 33, was convicted of two counts of rape and one count of sexual assault after a 2014 incident in Dublin. He received an 11‑year sentence with the final year suspended. The Court of Appeal quashed the conviction on 18 July 2019, ordering a retrial because the trial judge failed to instruct the jury on the presumption of innocence. Justice John Edwards noted that the omission was a fatal flaw rendering the trial unsatisfactory. Okda was remanded in custody pending the retrial. The victim, a married mother visiting Dublin with friends, was found drunk and lost, and after Okda offered help she was taken to his flat where the assault occurred. She fled the flat, was rescued by a taxi driver, and reported the incident to Gardaí. The case remains pending retrial. Mohamed Okda pleaded not guilty.
In a 2019 Court of Appeal hearing, the appeal was made that the voices heard on a covert audio recording of an IRA "inquiry" should not have been attributed to the five men and one woman on trial for assisting the IRA. Kevin Hannaway, one of the "hooded men", was among those jailed for participating in an IRA interrogation of suspected informants at a Dublin house. The gardaí had installed listening devices and used the recordings to arrest and convict the defendants. The appeal argued that the audio was of poor quality and that the prosecution's attempt to attribute voices to the accused was improper, as the evidence was not disclosed to the defence early enough. The hearing continued before the Court of Appeal judges, with counsel for the defendants challenging the reliance on a Chief Superintendent's belief that they were IRA members.
A 50‑year‑old Dublin man was convicted of raping his 14‑year‑old niece twice between 1 January 2012 and 1 April 2013. He pleaded not guilty, but a jury found him guilty and he was sentenced to nine years' imprisonment, with the final year suspended, by Mr Justice Paul McDermott on 31 July 2017. On 16 July 2019 the Court of Appeal, presided over by Mr Justice George Birmingham, upheld the conviction and dismissed the appeal. Mr Justice Birmingham said the defence had failed to present any arguments that could succeed, noting that the complainant could not identify the accused as the rapist. He also rejected the defence's attempt to cross‑examine the victim about her prior sexual history, describing it as contrived and lacking reality. No grounds for appeal were found, and the conviction was affirmed.
The Court of Appeal has quashed the sexual assault conviction of an unnamed 25-year-old man, originally from Azerbaijan, while leaving his burglary conviction intact. The appellant had pleaded guilty to burglary but not guilty to sexually assaulting a woman in her south Dublin home on June 15, 2014. He was initially found guilty of sexual assault by a jury and sentenced to three-and-a-half years' imprisonment by Judge Martin Nolan on June 15, 2018. The appeal succeeded on the grounds that the trial judge erred in his instructions to the jury regarding the ingredients of the offence. Ms Justice Isobel Kennedy, sitting with Mr Justice George Birmingham and Ms Justice Máire Whelan, determined that the judge's instructions amounted to an error in principle, specifically by erroneously indicating that the complainant's state of mind was relevant rather than the accused's. The court noted the victim was alone and sleeping when she discovered the man in her bedroom, leading to the alleged assault. The quashing of the sexual assault conviction does not affect the burglary conviction, for which the man remains in custody serving his sentence. The matter regarding whether a retrial will take place has not been concluded and will be decided at a later date.
An 86‑year‑old retired doctor, whose name is protected by the Court of Appeal, lost an appeal against the severity of his sentence for abusing two teenage boys in the mid‑1970s. He had pleaded not guilty to eight charges of indecent assault on six patients between 1964 and 1991. A jury at Dublin Circuit Criminal Court found him guilty of indecent assault on two 15‑year‑old patients; one complainant was directed not guilty and the remaining counts were acquitted. Judge Cormac Quinn imposed two consecutive 10‑month sentences, totalling 20 months imprisonment, a sentence within the maximum two‑year range for the offence at the time. The Court of Appeal, in a three‑judge panel, upheld the 20‑month custodial term, noting the serious betrayal of trust inherent in the doctor's position and the deliberate nature of the acts. The appeal was dismissed with no error found in principle.
A man convicted of indecently assaulting a young teenager in 1980 has had his appeal dismissed by the Court of Appeal. Patrick Patton, aged 65, of Cashelard, Ballyshannon, County Donegal, was sentenced to fourteen months imprisonment in April 2019 following a trial at Donegal Circuit Criminal Court. A jury returned a ten-to-two majority guilty verdict on one count of indecent assault against a fourteen-year-old girl, while unanimously acquitting him on two further counts involving another young female. Patton's legal team argued the jury had been pressured into their guilty verdict due to adverse weather conditions and the late Friday timing of deliberations. They contended the jury, observed returning with coats on, had been influenced by the judge's instruction to persevere on the disputed count. President of the Court of Appeal Mr Justice George Birmingham found little merit in these submissions, noting either party could have raised concerns about the timing or sought adjournment. The court upheld the conviction, finding the judge's instructions fair and the procedure appropriate. Patrick Patton pleaded not guilty.
Alice Byrne, 44, of Dublin 15, pleaded guilty to assault causing harm to Sarah Comer outside James Connolly Hospital on 13 August 2017. She also pleaded guilty to trespass and criminal damage on 1 October 2015 when she directed the smashing of a domestic dwelling with baseball bats. Byrne was sentenced to four years imprisonment, with the final year suspended, by Judge Pauline Codd on 17 December 2018 for the assault. The sentence was consecutive to nine months imprisonment for the trespass and criminal damage. She lost an appeal against the severity of her sentence on 2 July 2019. The Court of Appeal, in a three‑judge panel, found no error in principle and dismissed the appeal. The judge noted Byrne's 21 previous convictions and the seriousness of the victim's injuries, including permanent facial disfigurement and nerve damage.
In 2017, Detective Sergeant Eve Doherty was convicted of harassing State solicitor Elizabeth Howlin by sending abusive letters and emails over an 18‑month period. The court found Doherty had called Howlin "corrupt", "incompetent useless hobbit" and "two‑faced bitch". She was sentenced to three years' imprisonment in January 2018, with no suspended portion, and served 20 months in Dóchas women's prison. In July 2019, the Court of Appeal suspended the unserved balance of her sentence, allowing her release on condition she does not contact Howlin or related parties for five years. The appeal also rejected Doherty's claim that evidence was unlawfully obtained under the Communications (Retention of Data) Act 2011, stating the data was not personal and did not breach her rights. Doherty remains suspended from Gardaí and her salary has been terminated.
Sarah Doran, aged 66, was convicted of assault causing serious harm and false imprisonment against an 84‑year‑old woman she was caring for. The incident occurred at Violet Hill, Bray on 28 December 2015. Judge Michael O'Shea sentenced her to eight‑and‑a‑half years, suspending the final three‑and‑a‑half years. Doran, with no prior convictions, appealed the severity of the sentence after the normal 28‑day period had passed. The Court of Appeal granted her an extension of time to lodge the appeal. Her barrister, Mark Lynam, described the offence as "inexplicable" and argued that mental health issues may have influenced her behaviour. The Court of Appeal, presided over by Mr Justice George Birmingham, acknowledged the seriousness of the assault and the unusual circumstances, and agreed to allow the extended appeal period. The case remains at the appeal stage. Sarah Doran pleaded guilty.
Barry McArdle, 33, of Drimnagh, faced a 13‑year sentence in the Netherlands for manslaughter after a Dutch court overturned his earlier acquittal. He had previously been convicted of concealing a body, receiving a two‑year term that he had already served while on remand. After being arrested under a European Arrest Warrant on 3 May, he was remanded in Dublin and later released. McArdle intends to challenge his surrender to the Netherlands in the High Court. In May, the High Court refused him bail, and the Court of Appeal upheld that decision today. Justice John Edwards noted that McArdle, as a convicted person, does not enjoy the presumption of innocence at this time, citing his movements between Dublin and Galway and failure to collect social welfare as evidence of his flight risk. The appeal was dismissed with no error found in the High Court's approach. Barry McArdle was acquitted.
Serial offender Barry Watters, aged 43, pleaded guilty to public indecency for exposing himself to children on their way to school in Dublin over two days in December 2014, and to possession of child pornography on 20 October 2016. He had previously received several sentences for child porn offences, including a fully suspended two‑and‑a‑half‑year term in 2008, a three‑year term in 2010, and a four‑year term with the final year suspended in 2012. On 7 December 2018, Judge Martina Baxter imposed consecutive sentences totalling seven years, with the final year suspended. On appeal, the Court of Appeal held that the judge had imposed two maximum sentences consecutively, which was inappropriate. Watters was re‑sentenced to five years and eight months imprisonment, with the final 18 months suspended, subject to strict conditions. The appeal decision was made on 25 June 2019.
Jamie Coughlan, 39, was re‑sentenced by the Court of Appeal to six and a half years' imprisonment, with the final six months suspended, after the Director of Public Prosecutions successfully appealed his original six‑year term. The appeal was based on the sentence being "unduly lenient". Coughlan had been found guilty of violently stabbing his former partner at their home in Waterford in July 2017, causing multiple serious injuries including a laceration that left her nose hanging off. He had denied responsibility, claiming the wounds were self‑inflicted and citing the victim's psychiatric history. The Court of Appeal noted his extensive criminal record, lack of remorse, and failure to cooperate with authorities. The new sentence includes a good‑behaviour bond for the suspended period. The case remains at the sentencing stage, with no further verdicts or appeals reported.
Thomas Healy, 46, of Upper Fair Hill, Cork, pleaded guilty to burglary of a residential apartment at Mount Vernon, Belgrave Avenue, Wellington Road, Cork, on 21 July 2017. He was sentenced on 15 February 2018 to five years' imprisonment, with the final year suspended, by Judge Brian O'Callaghan. The Court of Appeal upheld the sentence. Judge Patrick McCarthy, in a three‑judge panel, noted that Healy entered the apartment with another man while the resident was absent, stole 70 cents, and used socks from the home as gloves to avoid detection. He had 67 prior convictions, including two burglary convictions in the Circuit Court. The Court of Appeal found no error in the sentencing decision and dismissed the appeal. The case was heard by Mr Justice McCarthy, Mr Justice George Birmingham and Mr Justice John Edwards.
In a case heard at Dublin Circuit Criminal Court, 31‑year‑old Carl Cullen pleaded guilty to robbery at Tolka Valley Road, Finglas, on 27 February 2017. Cullen and a co‑accused entered a taxi at about 6 a.m., behaved oddly and appeared intoxicated. The driver, fearing a crash, stopped the vehicle and left it 40 metres away. Cullen and the accomplice then rummaged through the car, taking a phone, an MP3 player and a bag of coins. Garda Barry Hehir reported that the victim later located the phone via a "find phone" feature, leading police to the suspects on St Helena's Road. Cullen, who has 40 prior convictions, was sentenced to three‑and‑a‑half years' imprisonment by Judge Martin Nolan on 22 November 2017. He had intended to appeal the sentence, but withdrew the appeal after the Court of Appeal warned that it could increase his jail time. The appeal was formally withdrawn with the court's permission.
A man convicted of indecently assaulting a fourteen-year-old babysitter in Ballyshannon in 1980 has appealed his conviction at the Court of Appeal, claiming the jury was pressurised into returning a guilty verdict. Patrick Patton, aged 65, of Cashelard, Ballyshannon, pleaded not guilty to three counts of indecent assault. A jury at Donegal Circuit Criminal Court unanimously acquitted him on two counts but returned a ten-two majority guilty verdict on the first count following a four-day trial. He was sentenced to fourteen months imprisonment in April 2019. His barrister argued the jury was pressurised to continue deliberating on a Friday evening when severe weather warnings were in place and despite jurors appearing ready to leave. The trial judge had instructed them to persevere on the disputed count after they had already acquitted on the other charges. The Director of Public Prosecutions' counsel contended the jury had not expressed concern and the weather argument remained speculative. Judgement has been reserved.
In a 2019 Court of Appeal case, prosecutors sought to overturn a High Court ruling that barred a 59‑year‑old man from trial for alleged sexual abuse of his two sisters between 1974 and 1985. The man, whose identity is withheld, faced 17 rape and sexual abuse charges. He argued he was not living in the family home during the alleged period, claiming residence with grandparents and another relative, all now deceased. Only one charge had a specific date, and neither sister was aware of the other's alleged abuse, limiting corroboration. He claimed prejudice due to the deaths of potential witnesses and alleged unfairness from prior publicity. The High Court had ruled that the deaths denied him a fair defence, citing elderly witnesses with poor recollection. The DPP appealed, arguing witnesses were peripheral and the man's parents were alive. The Court of Appeal reserved judgment, noting the alleged "threatening letter" as a catalyst for the sisters' complaints.
In 2018, a 74‑year‑old unnamed man was sentenced to five years' imprisonment for 17 counts of indecent assault and two counts of sexual assault against his son between 1981 and 1992. The sentence included a final three years and three months suspended, and the man was offered €10,000 restitution, which he accepted. The Court of Appeal, after an appeal by the Director of Public Prosecutions, found the original nine‑month jail term "unduly lenient" and increased the custodial period to two years. The appeal court noted that the abuse occurred in various parts of the family home and at the man's workplace, involved masturbation, oral sex, rubbing from the waist down, and an attempted anal penetration that stopped when the victim complained of soreness. The victim, who became depressed at age 21 and was hospitalised, eventually disclosed the abuse to the Gardaí. The unnamed 74-year-old pleaded guilty.
The Court of Appeal has reduced the sentence of David Burke, who was found to have the greatest culpability in the fatal assault on Dale Creighton in Tallaght in 2014. Burke, along with four others, pleaded guilty to manslaughter after murder charges were dropped during trial. The original sentencing judge, Ms Justice Deirdre Murphy, imposed a ten-year term on Burke with the final two-and-a-half years suspended, citing his role in setting the agenda. However, President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy, re-sentenced Burke to ten years imprisonment with the final three years and three months suspended. This results in a net jail term of six years and nine months, a reduction of nine months. The court determined that the original divergence from the next most culpable offender, Ross Callery, was excessive. Callery, who was also found to have high culpability, received a ten-year sentence with the final four years suspended, leaving a net term of six years. Other participants included Aisling Burke, jailed for one year for violent disorder; James Reid, given a wholly suspended two-year sentence for possession of a knife; Graham Palmer, sentenced to ten years with five suspended; Jason Beresford, sentenced to ten years with four suspended; and Gerard Stevens, sentenced to ten years with seven suspended. The appeal focused on parity and relativity among the multiple defendants.
In 2017, Keith Hearne, aged 30, was sentenced to 12 years' imprisonment for raping Dominique Meehan at a gaming convention in Blanchardstown. He pleaded guilty to two counts of rape, one of oral rape and one of false imprisonment. Hearne's appeal argued that his psychiatric illnesses should have reduced the sentence, but the Court of Appeal found he had no active symptoms at the time of the offence and therefore his mental state did not affect culpability. The court upheld the 12‑year term, noting the severity of the violent, premeditated attack and the presence of weapons and sadomasochistic items in his rucksack. The appeal was dismissed, and Meehan expressed relief that the sentence was maintained, though she remains affected by the assault.
In 2019 the Court of Appeal quashed the burglary and criminal damage conviction of Robert Kane, 41, who had been found guilty at the Dublin Circuit Criminal Court and sentenced to three years' imprisonment with the final six months suspended. Kane had claimed he was homeless and was looking for a place to sleep when he was arrested at Patrick Morrissey and Co Solicitors in Dun Laoghaire on 3 February 2017. The appeal was based on the trial judge's instructions to the jury, which the Court of Appeal said failed to adequately explain Kane's defence and may have misled the jury. The judge had not mentioned key elements of the defence, such as the possibility of another intruder and the lack of any items taken. The Court of Appeal allowed the appeal and referred the case back for the Director of Public Prosecutions to decide whether to seek a retrial.