In February 2020, a man was convicted of seven counts of indecent assault against his girlfriend's nephews, aged four to nine, who were abused between 1985 and 1989 at their grandparents' home. The man, who was in his late teens when the abuse began, denied all charges. During the trial, the victims' father described the man as a "big uncle" who would play with the boys in their bedroom, often playing table football. A jury found him guilty and Judge Seán Ó Donnabháin sentenced him to three years' imprisonment, with 18 months suspended. The man's lawyers appealed, arguing procedural errors and that the trial judge had erred by allowing alternative counts for the same alleged offence over three years. Judge Patrick McCarthy acknowledged procedural errors but found they did not undermine overall fairness.
A 26-year-old man from Cavan has been sentenced to four and a half years imprisonment at the Central Criminal Court following his guilty pleas to sexually abusing two young children in their home during summer 2014. The defendant, who cannot be named to protect the victims' anonymity, was their uncle and had been left in their care while babysitting. He pleaded guilty to the sexual exploitation of a four-year-old girl and the rape of her older brother. The abuse came to light in 2014 when the younger child disclosed the assault to her mother, but prosecution was delayed after the defendant relocated to the United Kingdom. He returned to Ireland in March 2020 and was subsequently arrested. Mr Justice Paul McDermott noted the breach of trust and imposed conditions including a suspended final year, a prohibition on unsupervised contact with children, and mandatory engagement with sex offender treatment programmes. The children's mother described the abuse as "a parent's worst nightmare.
A man has been sentenced to ten years imprisonment following his conviction at the Central Criminal Court in Sligo on 31 counts of sexual assault and rape offences against a teenage boy in County Donegal between 1995 and 2000. The 59-year-old, with an address in Ballina, Falcarragh, was found guilty by jury after a trial that represented the fourth legal proceeding in the case. Earlier trials had been discharged for legal reasons or resulted in hung juries. The complainant, now aged 39, described enduring six years of "complete torture" through the protracted court process since first reporting the matter to gardaí in October 2015. He testified four times during proceedings. Mr Justice David Keane imposed a headline sentence of thirteen years, reduced to ten years to account for mitigating factors including the defendant's lack of prior convictions. A three-year post-release supervision order was also imposed. The defendant intends to appeal his conviction, and has been registered as a sex offender.
In a victim impact statement for the Central Criminal Court sentencing hearing, the eldest boy in the Munster sexual abuse case, now a teenager, said he believes his parents and other family members who abused him should go to jail for a long time. He described how the abuse at home changed his life, that he had never known a normal life until joining a foster family, and that he is now clean, happy, never hungry and not afraid to sleep. He added that the abusers should not be near children again. The statement was read in court alongside other victim impact statements. The five children's parents and three other family members were found guilty on all but one of the 78 counts against them after a 10‑week trial. The defendants denied all charges. The children were taken into care in 2016 and are protected by reporting restrictions. The court adjourned the matter for finalisation on 18 January.
In a Dublin Circuit Criminal Court hearing, Gheorghe Morar, aged 36, was sentenced to two years' imprisonment, back‑dated to 15 May 2020, for sexual assault of an 18‑year‑old woman he met in a nightclub. Morar admitted that he and the woman were touching each other's genitals and kissing, and that he believed she was consenting, though he acknowledged it was a possibility she was not. He claimed he was not more sober than her and that she was heavily intoxicated. The court noted that the woman could not give full consent due to her drunken state. Morar had previously denied the offence but pleaded guilty on the basis of recklessness. He had no prior convictions in Ireland except a minor public order matter in Spain. The judge reduced the headline sentence to two years, citing sincere remorse and lack of prior offending.
In a Munster child‑sexual‑abuse case, Mr Justice Paul McDermott rejected defence attempts to set aside guilty verdicts following a juror's letter. Five family members—three men and two women aged 27 to 57—were found guilty of 77 of 78 counts, including sexual abuse of three children between 2014 and 2016. The parents were also convicted of wilfully neglecting five children and the father of mistreating three with medication. All defendants denied the charges. The judge ruled that, as trial judge, he had no jurisdiction to overturn a jury verdict once delivered and that the juror's letter contained no evidence of impropriety. He advised the case could be taken to the Court of Appeal and adjourned a sentence hearing for January 10, to be held over two days. The hearing will consider the 27‑year‑old uncle's eight guilty verdicts, the 49‑year‑old uncle's ten, and the father's convictions. The unnamed 27-year-old was acquitted.
Ioan Lingurar, 35, was sentenced to 17½ years' imprisonment for two separate rape and false‑imprisonment offences that occurred three years apart. In 2016 he raped a woman who woke up in his car, was locked inside and could not escape until later that night. In 2019 he again assaulted a woman in a car, who managed to escape after grabbing the wheel and punching him. DNA from both incidents matched Lingurar's pre‑existing profile from Austria. He had previously been convicted of sexual assault in France (2011) and had other convictions in Ireland. The judge, Ms Justice Tara Burns, noted the offences were aggravated by the victims' isolation, the taking of their phones, and Lingurar's prior convictions. The sentences run consecutively, giving an effective custodial term of 17½ years. The victims' impact statements described lasting psychological harm and fear of strangers. The court did not consider any future outcomes beyond the sentencing. The unnamed woman pleaded guilty.
Christopher Feeney (58) was found guilty at the Central Criminal Court of rape and sexual assault following a trial last September. The offences occurred at his home in Millbrook, Riverside, Sligo on 26 April 2015. The victim, then aged 54, met Feeney through a dating application and accompanied him to his apartment. During an assault lasting approximately one hour, the woman was pinned down and raped. She managed to contact gardaí, who instructed her to hang a towel from the balcony to identify his location. Officers arrived shortly thereafter and arrested Feeney. He was convicted on four counts, including rape and sexual assault, though the jury could not agree on a false imprisonment charge. Mr Justice David Keane indicated an intention to impose a nine-year sentence, with a portion potentially suspended pending a Probation Services report. The matter was adjourned for finalisation on 28 March 2022. Feeney, who had fled Ireland and was subsequently arrested in the UK in 2019, has remained in custody since his return. Christopher Feeney pleaded not guilty.
A 41‑year‑old former GAA coach was sentenced to nine years' imprisonment for a series of sexual and physical offences against a boy he mentored at a local club. The victim, now 30, was abused over six years, from 2004 to 2010, including rape, anal rape, sexual assault, assault causing harm and harassment. The court imposed concurrent sentences totalling ten and a half years, with a headline sentence of 13.5 years, reduced by three years for the defendant's guilty plea, remorse and lack of prior convictions. Two and a half years were set for the sexual assault offences, two years for the assault‑causing‑harm offences and three years for the harassment offence. The final 18 months were suspended on strict conditions, including post‑release supervision for two years and a 10‑year prohibition on contact with the victim.
In a 10‑week Munster child sexual abuse trial, five members of an extended family were found guilty on all but one of 78 counts. The defendants, aged 27 to 57, were convicted of sexually abusing three children between 2014 and 2016, and of neglect and mistreatment of other children. The children, aged one to nine at the time of the offences, were taken into care in 2016. All defendants denied the charges. Defence counsel argued that a juror's letter to the judge may have tainted the verdicts, seeking to have them set aside. The judge, Mr Justice Paul McDermott, noted that verdicts are final and that any review would fall to the Court of Appeal. The defendants are scheduled for a sentence hearing in January, and the hearing was attended via video link. The unnamed 27-year-old was acquitted.
Kieran Creaven, a 59‑year‑old former RTÉ producer, was sentenced by Judge Melanie Greally to a total of ten years in prison for four counts of child exploitation, two counts of sexual assault of a child and four counts of child pornography. The offences occurred in Ireland, the UK and the Philippines between 2014 and 2017. After his release, Creaven will be supervised for three years, must attend all appointments directed by a Probation Service officer, provide his address and any changes, engage in offence‑focused work and be available for a sex offender treatment programme. He will remain on the sex offender register for life. Judge Greally warned that failure to comply with these conditions would be an offence in its own right. Creaven pleaded guilty, expressed remorse, and has undergone psychotherapy and rehabilitation work for the last two years. He has lost his job, future employment prospects and his marriage.
A 54‑year‑old man was jailed for two years after sexually assaulting a 16‑year‑old girl who was staying in his family home. He also sent the girl a sexually explicit text message after the assault. The girl showed the message to her mother, who confronted the man. He left the house and attempted suicide at a pier, but was persuaded to return by Gardaí and RNLI. He pleaded guilty to two counts of sexual assault and a charge of sending an explicit message to a child. Judge Elma Sheahan initially set a headline sentence of four years, citing repeated assault and the insulting text messages as aggravating factors. After considering mitigating factors such as remorse and a psychological report, the sentence was reduced to two and a half years with the final six months suspended on the condition of therapy and treatment.
A man has been convicted at the Central Criminal Court in Sligo of sexually abusing a child over a five-year period in Donegal. Liam Carr, aged 59 and with an address in Ballina, Falcarragh, County Donegal, was found guilty of 31 counts including sexual assault, anal rape and oral rape of the boy between September 1995 and September 2000. The jury could not agree on four further counts. The case reached trial four times after legal issues and previous jury disagreements. The victim, now aged 39, described the legal process in a statement read to the court as six years of "complete torture" since first approaching gardaí in October 2015. He stated he had given testimony on four separate occasions. Defence counsel indicated Carr does not accept the verdicts and intends to appeal his conviction. The case has been adjourned for sentencing on 17 January 2022.
Michael O'Donoghue, aged 43, was sentenced to seven years' imprisonment, with the final two years suspended, for raping and sexually abusing his 19‑year‑old daughter, Aimee Foley, over a six‑year period. The Central Criminal Court heard that O'Donoghue supplied Foley with alcohol and drugs, including cannabis and cocaine, before sexually assaulting her during access visits to his home. He pleaded guilty to 31 counts of sexual assault, one count of rape and one count of producing child pornography. Foley, who was aged between 12 and 17 at the time of the abuse, gave a victim impact statement in which she described the emotional and physical abuse she endured. The judge noted mitigating factors such as O'Donoghue's early admission to Gardaí and his current low risk of re‑offending. The sentence was back‑dated to his arrest in April 2019.
A 20‑year‑old woman, who was sexually assaulted by her mother's partner, Dean Hurley, when she was 12, has begun training as a police officer in the UK. She gave permission for Hurley's name to appear in the sentencing report but asked that she not be named. She disclosed the abuse a year later after learning about sexual abuse in school, left the family home, and has lived with her father in England since. Hurley, 51, was jailed for three years after a jury at Dublin Circuit Criminal Court convicted him following a three‑day trial in October. He pleaded not guilty to the assault that occurred between 1 and 30 October 2013. The woman's victim impact statement described the abuse, her mental health struggles, and her hope to help other abused children through her future policing work.
In December 2021, the Court of Appeal dismissed the appeal of Erick Mukoko, a violent rapist from the Democratic Republic of the Congo, who had been sentenced to eight years in prison for raping a 21‑year‑old woman in Limerick in May 2017. Mukoko had pleaded guilty and his lawyers argued that the trial judge, Mr Justice Michael White, had misclassified the offence and had not given sufficient weight to mitigating factors. The appeal was rejected by a three‑judge panel headed by Mr Justice Patrick McCarthy, who upheld the judge's discretion and the consideration of mitigating factors. The Director of Public Prosecutions affirmed that the sentence was fully within the judge's margin of appreciation. The victim's impact statement described ongoing anxiety, depression, panic attacks, and attempts at self‑harm following the rape. The case was investigated by Gardaí, who identified Mukoko as the suspect and confirmed a DNA match.
The Court of Appeal has heard an appeal by the Director of Public Prosecutions regarding the sentencing of a 22-year-old man who pleaded guilty to sexually assaulting a 14-year-old girl. The appellant admitted to the offence, contrary to Section 2 of the Criminal Law (Rape) (Amended) Act 1990, at the District Court, Midleton, Co Cork, in December 2020. He also admitted to asking the victim to touch him and contacting a child for sexual exploitation. In February this year, Judge Seán Ó Donnabháin at Cork Circuit Criminal Court imposed a two-year suspended sentence. The DPP argues this entirely suspended sentence was unduly lenient and not in accordance with principle, citing the appellant's prior flight to England to evade prosecution and his knowledge of the victim's age as aggravating factors. Defence counsel Elizabeth O'Connell SC contended that the appellant, who had no previous convictions, pleaded guilty at the earliest opportunity, spent a month in custody, and is now in full-time employment. She argued the onus was on the DPP to demonstrate a substantial departure from sentencing norms. The Court of Appeal has reserved its judgement on the appeal.
In a Dublin apartment on 21 August 2017, a 41‑year‑old Albanian man raped a 15‑year‑old girl who had been invited to stay with him after a night out. The victim, who was fully clothed when she fell asleep, woke to find the man on top of her and he covered her mouth while she screamed before raping her. She later told the Central Criminal Court that she had been "killed" that night and that she had not been alive since. The jury found him guilty of rape and sexual assault; he was acquitted of a single count of false imprisonment. He has a prior conviction for serious drug dealing. On 8 December 2021, Mr Justice Paul McDermott sentenced him to nine years' imprisonment, refusing to suspend any portion of the sentence.
A soccer coach, aged in his seventies and suffering ill health, has filed a High Court application to halt his prosecution for two counts of indecent assault alleged to have occurred in the mid‑1970s. The alleged assaults took place at a Dublin club house and a location outside Dublin while the accused, then in his twenties, was the coach of an under‑age football team. The complainant, aged 12‑13 at the time, first gave a statement to Gardai in 2017, followed by a second in 2020. A decision to prosecute was not made until 2021. The coach, represented by Giollaíosa Ó Lideadha SC, claims that delays by the Director of Public Prosecutions, failure to disclose material and the passage of time have breached his right to an expeditious trial. He alleges that the DPP has not provided a statement explaining why the charges were not brought earlier.
A 32‑year‑old man was convicted by a Central Criminal Court jury of repeatedly beating, raping and abusing his 12‑year‑old step‑daughter. He had previously served a ten‑year sentence in Eastern Europe for killing a former girlfriend. The jury found him guilty on one assault‑causing‑harm charge, six child‑cruelty charges, three sexual‑assault charges and two rape charges covering incidents from September 2019 to May 2020. Justice Deirdre Murphy imposed a 15‑year sentence, suspending the final two years on the condition that the defendant engage in anger‑management therapy, avoid all contact with the victim, comply with probation directions and maintain good behaviour. The court noted the defendant's willingness to undertake these conditions and that breach would constitute contempt of court. The suspended period is contingent on the defendant's adherence to the therapeutic and protective orders set by the court.
Kieran Creaven, a former RTÉ producer, was sentenced to ten years' imprisonment for a range of child‑sexual‑abuse offences committed in Ireland, the UK and the Philippines between 2014 and 2017. He pleaded guilty to ten counts, including four of child exploitation, two of sexual assault of a child and four of child pornography. The offences involved children aged from under one to 16, with one victim in the Philippines never identified. Creaven travelled to the Philippines to sexually assault a girl aged 10‑12, recording the abuse for three years. He also used Facebook, Skype and PayPal to contact and exploit children in Ireland. He has expressed remorse, engaged in psychotherapy and will be on the sex‑offender register for life. The judge adjourned the case to 16 December to consider post‑release supervision. The sentence was handed down via video link from prison. The court heard no victim impact statements.
A 28‑year‑old European karate champion, Bagrat Kudzievi, was sentenced to six years in prison for two counts of sexual assault against 18‑year‑old Rachel McElroy on the night of 19 October 2019 in Cork city centre. The assaults took place outside a nightclub on a busy street. McElroy, who had consumed a small amount of alcohol, was taken by Kudzievi to a secluded location where he lifted and carried her across a bridge. CCTV footage captured the incident, and security staff intervened, arresting him. Kudzievi denied the charges and later claimed the activity was consensual. McElroy's victim impact statement described the attacks as degrading and left her feeling empty, disgusted and lacking confidence. The judge, Justice Tara Burns, noted the aggravating factors of the assault's public nature, the victim's intoxication and the degrading behaviour. Bagrat Kudzievi was convicted.
Michael McGuinness, a 61‑year‑old former army driver, was found guilty of indecent assault on three boys aged seven to thirteen between 1979 and 1990. The victims, who waived anonymity, described how McGuinness used his trusted military reputation to lure them, often disguising himself as a friend and forcing them to masturbate him in his car or home. The abuse was revealed when one victim reported McGuinness to Gardaí after meeting him through work. McGuinness pleaded guilty to five counts of indecent assault, admitted his actions as a "dark dirty secret," and expressed remorse. He had no prior convictions. The court noted the repeated nature of the offences and the lasting impact on the victims, ordering reports and remand pending sentencing on March 15 next year. The maximum sentence for each count is two years, except the final count, which carries a maximum of ten years.
A 77‑year‑old pensioner was sentenced to ten years' imprisonment, with the final three years suspended, for a decade of sexual abuse of his partner's daughter. The court heard that the victim, who was aged eight or nine when the abuse began, was repeatedly raped, orally raped, anal raped and assaulted while the perpetrator was in a relationship with her mother. The trial judge directed not‑guilty verdicts on three counts of anal rape. The judge imposed a headline sentence of 15 years for each rape offence, but reduced the sentence to ten years, citing the man's age, lack of prior convictions, and his otherwise blameless life as mitigating factors. The suspended portion was imposed on strict conditions, including no contact with the victim and no unsupervised access to children. The victim's impact statement described lasting trauma and loss of trust in her childhood and family. The unnamed man pleaded not guilty.
A 60‑year‑old man was 13 when he began a six‑year period of raping and sexually abusing his younger adopted sister, a court heard. He justified the abuse by telling her they were not biological siblings and that a Catholic priest had told him to practice sex on her. The abuse began when she was about ten or younger in their Dublin family home. He pleaded guilty to 28 counts of indecent assault and rape between 1974 and 1979, from an indictment of 103 charges. The court heard that both siblings suffered extreme violence from their adopted mother, who had bipolar syndrome and was unmedicated. The woman's victim impact statement described the abuse as an "unspeakable hell" and said the damage will never end until she dies. The man expressed deep regret and remorse, stating he will live with that guilt for the rest of his life.
In a Dublin court, a 19‑year‑old woman, who was 15 when the incident occurred, testified that a 41‑year‑old man raped and sexually assaulted her in his apartment on 21 August 2017. She described the assault as having "killed" her, saying she had not been alive since that night and was now "the walking dead." The man, who was found guilty of one count of rape and one count of sexual assault, was acquitted of a separate count of false imprisonment. The victim's impact statement highlighted her loss of motivation, trust in men, and sense of ruined life. The court noted the man's prior drug‑dealing conviction and that he had been in custody since his conviction. The sentencing hearing was adjourned to 8 December for a final sentence.
Patrick Harte, a former school principal aged 79, appealed the 2020 conviction for 11 counts of indecent assault on seven pupils at Sancta Maria Christian Brothers primary school between 1968 and 1970. The Court of Appeal dismissed his appeal, rejecting his claim that the trial was prejudiced because he had not sought a parish priest's blessing before entering a teacher training course. The court found no evidence of collusion among the complainants and upheld the joint trial as the strongest case. It also found no prejudice from the delay or from the lack of a religious reference, noting that a jury in 2020 would not have been influenced by such a factor. The appeal was rejected with no reasons to consider the trial unsafe or unfair. The conviction and 3‑year sentence remain in force.
Two men convicted of rape have appealed their convictions at the Court of Appeal, arguing the trial judge erred in questioning a witness about the complainant's level of intoxication. Boakye Osei, formerly of Burnfoot, County Donegal, and Kelvin Opoku, formerly of Letterkenny, County Donegal, were found guilty by jury at the Central Criminal Court and sentenced to nine years imprisonment in March 2020. Their counsel submitted that the judge's direct question regarding the complainant's alcohol consumption was inappropriate in a case where capacity to consent was central to the prosecution case, and that the jury should have been discharged. Defence teams also raised concerns regarding incomplete disclosure of mobile phone material prior to trial and the complainant's use of video-link evidence rather than attending court in person. The Director of Public Prosecutions countered that the judge's question was minor and within judicial discretion, and that the disclosure matter was straightforward. Judgment has been reserved. Boakye Osei pleaded not guilty. Kelvin Opoku pleaded not guilty.
A 25‑year‑old man was jailed for four years and six months, with the final six months suspended for two years, after pleading guilty to raping a 22‑year‑old friend in her bed. The victim, who had known the defendant since their early teens, reported that he had come to her house drunk, followed her to her bedroom, and began kissing her and removing her top. She resisted and he stopped, but later she woke to find him thrusting in and out of her. He later texted her apologising and blaming alcohol. The judge accepted the guilty plea on the basis of recklessness, noting significant risk that consent was absent, and highlighted the breach of trust and impact on the victim's mental health. The sentence included strict conditions and engagement with the Probation Service. The case was returned for trial in March 2018 and a trial set for March 2019 did not proceed.
Jose Lacerna Pena, 33, is appealing his conviction for the alleged oral rape of a woman at Wicklow Street, Dublin 2, on September 26, 2017. Pena, originally from Bolivia and of no fixed abode, pleaded not guilty at the Central Criminal Court. A jury found him guilty, and in April 2020, Mr Justice Paul McDermott sentenced him to six years' imprisonment. At the Court of Appeal, defence counsel Anne-Marie Lawlor SC argued the conviction was unsafe because the trial judge failed to instruct the jury on the issue of drunken consent, claiming an "irredeemable unfairness" was visited upon the accused. Prosecution counsel Bernard Condon SC countered that the case explicitly involved drunkenness and that the complainant repeatedly stated she did not consent. The matter was adjourned with judgment reserved. During the original sentencing, Mr Justice McDermott noted Pena acted brazenly in a public manner, exploiting the victim's vulnerable position, while acknowledging his lack of previous convictions and the difficulty of serving his sentence away from his family. The victim impact statement described the lasting trauma she suffered. The appeal remains pending.
A 62‑year‑old man was sentenced to 10½ years in prison for raping and violently sexually assaulting his daughter over a 16‑year period. He began molesting her when she was seven and continued to repeatedly rape and assault her until she was 18. The court heard that the offences included rape, oral rape, indecent assault, sexual assault and aggravated sexual assault, the latter involving an electric sander and a phone cable. The judge set headline sentences of 16 years for rape, seven years for sexual assault and ten years for aggravated sexual assault, then reduced them to 12 years, five and a half years and eight years respectively, citing guilty pleas and the defendant's otherwise offence‑free life. The last 18 months of the sentence were suspended on the condition that the defendant engage in victim‑focused programmes, have no unsupervised access to children and have no contact with the victim.
A 26‑year‑old man, who was convicted of sexually assaulting a 16‑year‑old girl he met in a bar, lost an appeal against a six‑year prison sentence. The victim, whose identity is protected, described how the attacker pushed her onto a bed, inserted his hands into her trousers and tried to remove her clothing, and a medical examination later revealed damage to her vaginal area. The man pleaded not guilty to the offence under Section 2 of the Criminal Law (Rape) Act 1990, but was found guilty and sentenced in December 2019. In his appeal he argued that the sentence should have included a rehabilitation element and that too much weight had been given to his prior convictions, which were not all sexual and some occurred after the offence. The Director of Public Prosecutions noted the accused had shown no remorse.
A 61‑year‑old man from County Kerry was sentenced to 11 years' imprisonment, with the final year suspended, for raping his wife's niece on multiple occasions between 1990 and 1994. The victim, now 41, reported the abuse in 2019, describing how the man would force her to lie on her side, hold her hips tightly and rape her each morning. He pleaded guilty to four of the 13 charges. The judge noted the man's mild intellectual disability, lack of remorse and sexual interest in teenage girls, and imposed strict conditions including no unsupervised contact with children and three years of post‑release supervision. The sentence reflects the judge's view that the repeated, gross breach of trust caused significant harm and psychological symptoms to the victim. The man was arrested in May 2019 after a confrontation with the victim's parents. The victim's impact statement detailed ongoing anxiety, nightmares, and the lasting effect on her life and children.
Adrian Shanley, acting as solicitor for a male applicant, brought a civil action against the State following his release from prison after a rape charge was dropped. The applicant, an EU national, was imprisoned for over a year after being charged with raping a woman in 2009. He was remanded in custody after being refused bail in the District Court due to flight risk concerns. Although granted High Court bail with conditions including a €10,000 surety and daily Garda sign-ons, he remained in custody until June 2011 as he could not meet the terms. Shortly before his trial, the applicant's legal team discovered that the complainant had previously admitted to fabricating a similar rape allegation against another man in 2007. Following this disclosure, the Director of Public Prosecutions entered a nolle prosequi, ending the prosecution and releasing the applicant. The applicant now seeks damages for malicious prosecution, false imprisonment, negligence, and breach of constitutional rights, alleging that his relationship broke down and he lost his job. The defendants, including the Garda Commissioner and DPP, deny the claims, stating they acted within their public duties. The matter came before Ms Justice Niamh Hyland, who was asked to rule on a preliminary issue regarding the applicant's request for formal replies to interrogatories from the State. The State opposed the application, arguing it would prejudice adjudication. In her judgment, Ms Justice Hyland adjourned the plaintiff's motion. The matter was not concluded; the judge noted the motion could be re-entered if the plaintiff wishes to proceed, provided his lawyers submit a sworn statement identifying the persons to whom each interrogatory is directed.
A man from Ballyjamesduff, Co Cavan, has had his prison sentence increased following an appeal by the Director of Public Prosecutions. Shane Smith (32) pleaded guilty to sexually assaulting an elderly woman at her home in April 2018 after forcibly entering the property early in the morning and restraining her on her bed. He also admitted falsely imprisoning the same victim. At Cavan Circuit Criminal Court in November 2020, he received four years and six months for sexual assault and one year and ten months for false imprisonment, both to run concurrently. Smith had additionally pleaded guilty to assaulting a man with a shovel and knife in November 2018. The DPP appealed on grounds of undue leniency. The Court of Appeal found that the trial judge erred in principle by imposing concurrent rather than consecutive sentences. The court increased the overall sentence to seven years, with the final twelve months suspended, determining the original sexual assault sentence was too lenient.
A 54‑year‑old man who sexually assaulted a 16‑year‑old girl in his Dublin home was sentenced in December. After the assault he sent explicit texts to the victim, claiming he had touched her breast and apologising. He threatened suicide at a pier, but Gardaí and RNLI persuaded him to return. He pleaded guilty to two counts of sexual assault and a charge of sending an explicit message to a child. The judge adjourned the case to 15 December to complete a psychological report, revoked his bail and remanded him in custody, noting that Cloverhill Prison could not accept new inmates due to a Covid outbreak. The victim's mother read a victim impact statement describing the assault's lasting effect on her daughter's identity and mental health. The man described himself as a functioning alcoholic and expressed remorse. The case remains at the criminal court stage.
A man from Ballyjamesduff, County Cavan, is the subject of a Director of Public Prosecutions appeal against sentence at the Court of Appeal. Shane Smith, aged 32, had pleaded guilty to sexually assaulting an elderly woman during a break-in at her home on 6 April 2018, and to falsely imprisoning her. He also admitted assaulting a man with a shovel and knife on 23 November 2018. At Cavan Circuit Criminal Court in November 2020, Smith received concurrent sentences totalling four years and six months for the sexual assault, one year and ten months for false imprisonment, and three years for the assault. The DPP argues the sentences were unduly lenient, contending they should have been consecutive and substantially longer, citing aggravating factors including the victim's age and the premeditated nature of the attacks. Smith's counsel contends the sentencing was appropriate and highlights his guilty plea and mental health history. Judgment has been reserved.
In a Central Criminal Court hearing, a 62‑year‑old man pleaded guilty to nine counts of rape, oral rape, indecent assault, sexual assault and aggravated sexual assault against his daughter over a 16‑year period from 1990 to 2006. The abuse began when the daughter was seven and continued regularly, with the father repeatedly orally raping her, forcing her to perform sexual acts, recording the assaults with a dictaphone, and taking explicit photographs when she was 18. He also used an electric sander and a phone cable to assault her. The court heard that the victim had reported the abuse to Gardaí in July 2016 and that she was mentally, emotionally and physically tortured. The judge adjourned sentencing to 23 November. The defendant's wife and other children provided character references describing him as a "fantastic father.".
Bagrat Kudzievi, a 28‑year‑old Georgian national who had been living in Ireland under a false Polish identity, was convicted in October 2021 of two counts of sexual assault against Rachel McElroy. The assaults occurred on the night of 19 October 2019 in Cork city centre after the pair had gone to a nightclub together. CCTV footage showed McElroy falling inside the club and later struggling to walk outside. Kudzievi met her in the smoking area, then took her to an alcove where he sexually assaulted her. He later lifted her and carried her across a bridge to a secluded location while people recorded them on mobile phones. McElroy, who was drinking with friends, gave a victim impact statement describing her confusion, emotional distress and the effect on her studies. The court adjourned sentencing to 22 November 2021. The case was heard by the Central Criminal Court.
Ahemd Yagoub, 57, was sentenced at Dublin Circuit Criminal Court after pleading guilty to two counts of sexual assault, two counts of exposure, and one count of assault. The offences occurred over a two-week period in June and July 2020 in a Dublin park, where he allegedly followed and assaulted teenage girls. Judge Melanie Greally described his conduct as predatory. She imposed a prison term of two years and nine months for the most serious sexual assault. Concurrent sentences of one year were imposed for three other offences. The sentence on the fifth offence was adjourned to next February to allow the Probation Service to compile a risk assessment report. The court noted Yagoub's lack of previous convictions, his documented history of bipolar disorder and depression, and favourable testimonials from his current residence. While he made useful admissions to gardai, he denied the underlying offences during interview. Defence counsel highlighted his mental health history and expressed remorse. The matter was not fully concluded due to the adjournment of the final sentencing component.
In a 2021 appeal, a rapist step‑father who had claimed a shorter sentence because of Crohn's disease was denied a reduction. He had repeatedly raped his partner's daughter from age six over a five‑year period, threatening her with death if she spoke out. The Central Criminal Court convicted him in May 2014 of eight sexual assault and four rape counts between June 2003 and May 2008. Mr Justice Patrick McCarthy sentenced him to 12 years' imprisonment. The appellant appealed both conviction and sentence. The Court of Appeal dismissed the appeal, rejecting the argument that the trial judge failed to consider his medical condition. Court President Mr Justice George Birmingham noted the offence's great seriousness and that the judge had explicitly considered the disease when sentencing. The Director of Public Prosecutions said the sentence was appropriate and that further medical management would be a prison matter.
A 65‑year‑old Dublin man was sentenced to one year in prison for engaging in an online sexual fantasy with a stranger about raping his two granddaughters, aged seven and two. The man, whose name is withheld to protect the children, had a Skype conversation with a Canadian user named 'Bill' in which they discussed paedophilic inclinations and described the rape of the grandchildren. Gardaí found the conversation and two copies of a child‑abuse image on the man's laptop, and he pleaded guilty to knowingly possessing and distributing child pornography in October 2017. Judge Melanie Greally imposed a headline sentence of three years, but after considering psychological and probation reports, she set a final sentence of two years with the third year suspended, subject to 12 months probation and victim‑focused work. The man has no prior convictions and expressed remorse, with a low risk of reoffending assessed.
A man from Claremorris in County Mayo has been sentenced to eighteen months imprisonment, with the final six months suspended, after pleading guilty to distributing and possessing child sexual abuse material. Brian Payne, aged 39, sent explicit images of minors to a contact in Manchester via messaging application between January 2016 and January 2017. Gardaí discovered five such images following a search of his Dublin residence in February 2017. At Dublin Circuit Criminal Court, Judge Elma Sheahan imposed the sentence while acknowledging Payne's cognitive limitations and directing that he undertake therapeutic intervention. The judge emphasised that such offending creates demand for child exploitation and is not victimless. Payne was ordered to comply with two years post-release supervision as a condition of the suspended portion of his sentence.
A woman in her twenties, who was in State care from age three until 18, has brought a High Court challenge against the Data Protection Commission (DPC) over its handling of her complaint about the Child and Family Agency (CFA). She alleges that while in a foster placement over 15 years ago she was raped, sexually abused, physically assaulted, emotionally abused and verbally intimidated by an older male foster child, leaving her with lifelong emotional scars. She sued the CFA for negligence and sought its social work file via a Freedom of Information request, but claims the CFA provided only parts of the file with excessive redaction. In July 2020 she complained to the DPC, expecting a prompt decision, but after 15 months she had not received any update.
An unnamed 55‑year‑old man was sentenced to four years' imprisonment, with one year suspended, for 22 counts of sexual assault against his four nieces between 1991 and 2003. The offences occurred in the family home while the victims were between nine and nineteen years old. He pleaded guilty and received six months for the first victim, four months for the second, twelve months for the third and two‑and‑a‑half years for the fourth, with the latter two sentences consecutive. The judge noted the persistent, opportunistic nature of the conduct, the victims' ages, the emotional distress endured, and the offender's lack of prior convictions. Mitigating factors cited included the guilty plea, good character, solid work history and character references. The suspended year is conditional on no contact with the victims or unsupervised access to children. The court also heard victim impact statements describing fear, humiliation, and long‑term pain.
The Court of Appeal heard that the first Covid‑19 lockdown announced in March 2020 may have pressured the jury in a case involving a 60‑year‑old man convicted of grooming and sexually abusing teenage girls. The Central Criminal Court had found that between May 1994 and February 2001 the defendant carried out sexual assaults on 14 children, pleading guilty in 2002 to ten of those attacks and receiving a nine‑year sentence with two years suspended. In March 2020 the jury convicted him of 30 counts of sexual assault against four girls aged 11 to 17, and Ms Justice Tara Burns sentenced him to seven years. The defendant's barrister, Giollaíosa Ó Lideadha SC, submitted 11 grounds of appeal, including that the lockdown announcement may have created a "logical conclusion" for jurors to feel pressured, that the jury deliberated only two hours, and that evidence was introduced in a way that prejudiced the defendant.
A 19‑year‑old man was sentenced to two years' imprisonment, with the final 12 months suspended, for defiling a 13‑year‑old girl at a house party when he was 16. The court heard the offence occurred after the girl attended a party organised by older teenagers while her mother believed she was staying at a friend's house. The defendant pleaded guilty to defilement of a child aged 15‑17, claiming he believed the girl was 15. Judge Melanie Greally considered the victim's age, vulnerability and the mental and physical consequences of the offence, as well as the defendant's youth, immaturity and lack of knowledge of the age of consent. She credited the defendant for his plea, admissions and difficult personal circumstances, noting he was in a stable relationship and in education. The sentence requires the defendant to engage in offence‑ and victim‑focused work and complete a sex offenders treatment programme.
In 2016 a 39‑year‑old man was convicted by a jury at the Central Criminal Court on 48 counts of rape, oral rape, rape with a screwdriver, rape with a vibrator and sexual assault at two Dublin locations between 2000 and 2005. He was sentenced to 11 years. The appeal, heard at the Court of Appeal, argues that the sentence was excessive because one third of the offences were committed when the offender was under 18 and that his youth should have been given greater weight. The appellant's counsel claims the trial judge erred in setting a 14‑year headline sentence and that the offender had no prior convictions. The appeal is pending; the court has not yet ruled on the sentence. The case remains an ongoing appeal.
The Court of Appeal has dismissed the appeal of a 53-year-old man, upholding his conviction for the historic sexual abuse of his cousin. The appellant, who pleaded not guilty, was convicted by a jury in July 2019 on 24 counts of indecent assault committed at an address in Co Donegal between April 1, 1984, and January 1, 1990. He was acquitted on charges relating to a second complainant. Judge Melanie Greally originally sentenced him to an effective operating sentence of ten years' imprisonment, comprising four years for offences committed when he was a minor and six years for later offences, ordered to run consecutively. The appellant argued that the trial judge erred by failing to sever the indictment for separate trials, failing to discharge the jury during cross-examination of a defence witness, and failing to provide an appropriately strong corroboration warning. In a written judgment, Mr Justice George Birmingham, joined by Mr Justice John Edwards and Mr Justice Patrick McCarthy, dismissed these grounds. The court found that the trial judge properly dealt with the jury discharge application and that the verdicts indicated the jury heeded the corroboration warning. The judges also upheld the decision not to split the indictment, noting the offences formed a series of similar character. The court concluded there were no doubts about the fairness of the trial or the safety of the verdict.
A 32‑year‑old man, previously convicted of strangling his ex‑girlfriend, was sentenced to 15 years in prison for repeatedly beating and twice raping his 12‑year‑old step‑daughter between September 2019 and May 2020. He pleaded not guilty to charges of child cruelty, assault causing harm, sexual assault and rape. A jury convicted him on one assault‑causing‑harm charge, six child‑cruelty charges, three sexual‑assault charges and two rape charges. He has been in custody since June 2020. The court noted the victim's fear of the man, her life in a foster family, and the man's history of violent offending and failure to comply with early‑release conditions in his native country. Justice Deirdre Murphy imposed the 15‑year term, considered suspending the final two years if he undertakes anger‑management treatment and refrains from contacting the victim, and discussed post‑release supervision. The man maintains his innocence.