A man's conviction for threatening to kill a relative whilst brandishing a meat cleaver at University College Hospital Galway has been quashed by the Court of Appeal. Aaron Ward (32), from Tuam, Co Galway, was found guilty following a two-day trial at Galway Circuit Criminal Court and sentenced to six years imprisonment in May 2017. The Court of Appeal overturned the conviction, finding the trial judge failed to properly engage with statutory requirements under Section 16 of the Criminal Justice Act 2006 when admitting witness statements. The three complainants had retracted their initial statements to gardaí, citing intoxication and medication at the time they were made. Mr Justice Alan Mahon noted these statements were crucial to the prosecution case and should have been assessed strictly against legal requirements. The judge's rulings made insufficient reference to reliability, prejudice, and oath administration. Ward has been admitted to bail pending further Court of Appeal proceedings next week to determine whether a retrial is appropriate. Aaron Ward pleaded not guilty.
Larry McCarthy, aged 37, was convicted by a non‑jury Special Criminal Court of assaulting cyclist David Foran, aged 33, on 25 November 2014 at Cornmarket Villas, Limerick. McCarthy pleaded not guilty but was found guilty of assault and threatening to use unlawful violence. He was sentenced to six years' imprisonment on 31 July 2017. McCarthy appealed in April 2018, challenging the admission of Foran's initial statement under section 16 of the Criminal Justice Act 2006. The appeal argued that Foran's identification of McCarthy was unreliable and that the statement should not have been admitted. The Court of Appeal, presided over by Justice Alan Mahon, rejected the appeal, affirming that the admission of the statement was correct and that McCarthy's conviction remained upheld. No further procedural developments were reported in the article.
Two peat extraction companies have sought permission to appeal High Court decisions rejecting their challenges to An Bord Pleanála determinations that their operations are no longer exempt development. Bulrush Horticulture Ltd and Westland Horticulture Ltd, alongside Westmeath Peat Ltd and Cavan Peat Ltd, were rejected by Mr Justice Charles Meenan in February after the Board found their activities required planning permission from September 2012 onwards. The companies argue the cases raise points of exceptional public importance with significant implications for the peat industry. Key issues centre on whether environmental impact assessments apply to peat extraction and whether EU directives on environmental and habitat protection apply to operations that lawfully commenced as exempt development before 2012. An Bord Pleanála opposes the applications. Mr Justice Meenan reserved his decision on permitting appeals to the Court of Appeal following submissions from all parties.
Joseph Shannon, 46, had 38 prior burglary convictions and used the DART and LUAS to "case" homes before breaking in. He pleaded guilty to eight burglaries in Dublin between April and August 2014 and was originally sentenced to three years, with all but 14 weeks suspended, by Judge Petria McDonnell on 11 April 2016. The DPP appealed, arguing the sentence was "unduly lenient." In the Court of Appeal, Judge John Edwards re‑sentenced Shannon to three years imprisonment on each count, with the final nine months of each suspended, and backdated the sentence to account for the 14 weeks spent on remand. The new term is two years and three months, and Shannon must enter a good‑behaviour bond. The court noted his relapse after the initial suspension and his failure to take the opportunities for rehabilitation that had been offered. The decision was made by a three‑judge panel including Judges George Birmingham and Alan Mahon.
At Dublin Circuit Criminal Court, Judge Melanie Greally recorded a jury disagreement on kidnapping charges against Niall Byrne, Mark Farrelly, Christopher Corcoran, and David Byrne. The jury convicted all four men of conspiracy to robbery and five counts of robbery and false imprisonment related to the March 2005 seizure of €2.08 million from Securicor and the Richardson family. All defendants had pleaded not guilty. The State alleged Niall Byrne, a former Securicor employee, acted as the "inside man." This was the fifth trial for the case; previous proceedings resulted in hung juries, acquittals, or overturned convictions due to constitutional issues with search warrants. Farrelly, Corcoran, and Jason Kavanagh were previously jailed in 2009 but released in 2012 after their convictions were quashed. The jury deliberated for nearly 18 hours before reaching its verdict. Judge Greally remanded all four men into custody to appear before the court on June 5th for sentencing. The matter was adjourned and is not yet concluded.
Peter Hilliard, 54, of Tallaght, was convicted of sexually assaulting two vulnerable residents in a nursing home in Rathfarnham between February 2013 and June 2016. He pleaded guilty at Dublin Circuit Criminal Court. In June 2016 a colleague saw a Facebook video of Hilliard assaulting an elderly resident; Hilliard had recorded the assault with a mobile phone and uploaded the video, claiming he had only a few hours of sleep and had "mistakenly" posted it. He received an 18‑month suspended sentence from Judge Karen O'Connor on 24 October 2017. The Court of Appeal, hearing the case before Justices John Hedigan, George Birmingham and Alan Mahon, found the sentence "unduly lenient" and re‑sentenced him to 12 months imprisonment, with the final six months suspended. The victims were patients with profound intellectual disabilities, one with advanced dementia and the other with limited awareness of the assault.
John Devereux, a former HSE paramedic and volunteer ambulance driver, lost an appeal against his conviction for the repeated sexual assault of a nine‑year‑old child. In 2012 and 2013, he was charged with ten counts of sexual assault. A jury at Dublin Circuit Criminal Court acquitted him of seven counts but found him guilty of three. He was sentenced to three‑and‑a‑half years' imprisonment, with the final year suspended. Devereux's lawyers argued that the trial judge should have directed the jury to find him not guilty because the prosecution had not cross‑examined him after he gave evidence. Judge Birmingham rejected this claim, noting that the prosecution had cross‑examined Devereux over two court sessions before and after lunch, and that there was no obligation to formally present the prosecution's case to him. The Court of Appeal dismissed all grounds of appeal, finding no evidence of an unfair trial or an unsafe verdict.
Patrick O'Driscoll, a 42‑year‑old father from Codrum, Macroom, was convicted by a jury of 61 counts of raping his eldest daughter, aged 16 to 17, between 2008 and 2009. He had denied the charges. The jury's unanimous verdict was upheld by the Court of Appeal, which found the trial satisfactory and the conviction safe. Mr Justice Paul Butler sentenced O'Driscoll to ten years' imprisonment, with the final year suspended on conditions including no contact with his daughter. The appeal was dismissed after the Court of Appeal, led by Mr Justice John Edwards, considered the evidence presented by the complainant and the defence. The court concluded that the jury had the authority to assess the credibility of the complainant's testimony and that the verdict was not perverse. The case remains at the conviction stage.
Mr Justice Paul Gilligan retired after more than 15 years as a judge of the Court of Appeal and High Court, having also served as the judge in charge of the busy chancery division. During that time he handled high‑profile cases such as Apollo House, the McBrearty family claim against the State, and the lead action over pyrite damage to homes. He was elected President of the European Network of Councils for the Judiciary in 2012, where he helped establish a judicial council in Bosnia‑Herzegovina following the Dayton Accord. As a barrister he represented clients including RTE, broadcaster Gay Byrne, the Irish Press Newspaper, and the late Taoiseach Charles Haughey at the McCracken Tribunal. Tributes from the President of the High Court, the Attorney General, the Bar Council, and others praised his fairness, imagination, and dedication, noting his handling of the chancery list during recession and post‑recession Ireland.
Patrick O'Driscoll, 42, of Codrum, Macroom, was found guilty by a jury of 61 counts of raping his eldest daughter, Ellen, aged 16 to 17, between 2008 and 2009. He denied the charges. Mr Justice Paul Butler sentenced him to 10 years' imprisonment, with the final year suspended on conditions including no contact with his daughter. The judge noted that O'Driscoll had otherwise led a "blameless life" and was rearing the rest of his family properly. Ellen, 24, had waived anonymity. O'Driscoll has moved to appeal the conviction in the Court of Appeal, where the judge has reserved judgment. His barrister, Ronan Munro SC, argued that the jury's verdict was perverse due to infirmities in the complainant's evidence, citing inconsistencies about the address of abuse, school attendance and other matters. The Court of Appeal will decide on Thursday.
A man from Castlebar, County Mayo, has failed in his appeal against a murder conviction at the Court of Appeal. The 25-year-old was sentenced to life imprisonment in February 2014 for the death of his mother on March 9, 2011. He had admitted manslaughter but pleaded not guilty to murder. During his trial at the Central Criminal Court, evidence emerged concerning his long-standing substance abuse and intoxication at the time of the killing. His defence centred on arguments of diminished responsibility and an inability to form the necessary intent due to drug use. A jury unanimously rejected these submissions and returned a guilty verdict for murder. The Court of Appeal, presided over by Mr Justice John Edwards, found the trial satisfactory and the conviction safe. The court considered the trial judge's instructions to the jury adequate despite submissions regarding the handling of intoxication evidence. The appeal was dismissed.
In a Cork case, a 70‑year‑old man was convicted of raping his step‑daughter from age 11 to 16, impregnating her twice in the 1970s. He pleaded guilty to 18 counts of rape and sexual abuse between 1974 and 1979. The victim, now 53, testified that the man forced her into sexual acts three or four times a week, often when her mother was away, and that he abused her on Sunday evenings. He was also an alcoholic who spent his mother's money. The Court of Appeal upheld a 12‑year sentence, with the final two years suspended, after the man's appeal against a 14‑year sentence was dismissed. The appeal was rejected on the basis that the judge's assessment of the offence's severity was justified and that the mitigating factors had been adequately considered. The man had already served four years for indecent assault of the victim's siblings. The appeal was dismissed by a three‑judge panel.
Walter Morrissey has lost his appeal against his 2013 conviction for aggravated sexual assault, with the Court of Appeal upholding his 13-year sentence. The 70-year-old from Co Kilkenny was found guilty of leaving a former partner with life-threatening injuries, including a severe vaginal tear described by medical experts as comparable to injuries from machete rapes. During the appeal, presided over by Mr Justice John Edwards, Justice Alan Mahon, and Justice John Hedigan, the court rejected all four grounds raised by Morrissey. These included claims that the trial judge erred by refusing to appoint new solicitors after Morrissey discharged his legal team on day eight, and that the jury should have been discharged after the victim revealed his status as a registered sex offender. The appellate judges noted that the defence failed to object immediately to the prejudicial comment and that Morrissey had no objection to the discharge of two jurors earlier in the trial. The court affirmed that the trial judge acted correctly in denying a retrial, stating it is not open to an accused to up-scutter proceedings by discharging counsel to secure a new jury. Morrissey, who was previously convicted in 1977 of the double manslaughter of Francis McEnery and his son, and in 1999 of seven counts of indecent assault, was led away to continue his 13-year sentence. As he left, he shouted that the decision was a "100 per cent insult" and called the judges "heap of crooks."
A 67-year-old man from Drumlish, County Longford, has sought to have his appeal heard in Irish at the Court of Appeal. Donall Billings was convicted by the Special Criminal Court of possessing an explosive substance at Longford railway station car park in May 2011, and of making false bomb reports during Queen Elizabeth's State visit to Ireland that same month. He was sentenced to eight-and-a-half years imprisonment. The charges included placing a device on a Dublin-bound bus and making hoax threats targeting Busáras, Sinn Féin headquarters, Dublin Castle, and Cork airport. Mr Justice George Birmingham indicated the case would return to a management list to facilitate proceedings conducted in Irish. Billings was not present at the hearing to fix dates for his appeal.
In a case heard at the Galway Circuit Criminal Court, Adrian Nestor, aged 44, pleaded guilty to dangerous driving causing the death of Liam McDonnell, aged 66, and to serious injury to Garda Sharon Casserly, as well as drink driving. The fatal collision occurred near Ardrahan, Galway, on the early hours of 1 February 2016, when Nestor's Audi struck a group of three people, including McDonnell, who had been reported missing from a nursing home. Nestor's blood alcohol level was 272 mg at the time of the incident. Judge Rory McCabe sentenced him to 240 hours of community service instead of a four‑year prison term, fined him €1,000, and imposed a four‑year driving ban. The Director of Public Prosecutions has applied to appeal the sentence, arguing it was "unduly lenient," and the Court of Appeal has set a hearing for 23 July.
Christopher Twohig, aged 24, was found guilty of sexually assaulting a 15‑year‑old girl at a house party in Cork in 2011 and a 19‑year‑old girl at another house party in Cork in 2014. In the first incident, the victim had gone to sleep on the couch; Twohig partially removed her clothing, touched her breasts and penetrated her vagina for about fifteen minutes. In the second incident, the 19‑year‑old had gone to sleep alone in a room; Twohig was found beside her and digitally penetrated her. Twohig pleaded guilty early, admitted full involvement, and was described as genuinely remorseful. He was sentenced to four years' imprisonment with the final year suspended, plus a concurrent 12‑month term for the first offence. His appeal against the sentence was dismissed by the Court of Appeal, which found the sentence "arguably lenient" but not disproportionate. The Court upheld the three‑year effective custodial period.
In 2014, 21‑year‑old Graham Meagher of Kilcaroon, Clogheen, pleaded guilty to assault causing serious harm to 66‑year‑old PJ Kelly at Meagher's home. Meagher struck Kelly with a poker stand, shouting "die you bastard, die," resulting in severe brain damage that left Kelly unable to communicate and now in residential care. Meagher was sentenced to eight years' imprisonment, with the final two years suspended, by Judge Thomas Teehan in 2016. On 11 May 2018, the Court of Appeal dismissed Meagher's appeal, confirming the sentence as appropriate for a serious assault. The appeal court noted the assault was out of character for Meagher, who had no prior violent convictions, and that the victim's injuries were devastating and life‑altering. The decision upheld the original eight‑year term with two years suspended.
In Limerick, Melissa Whelan, aged 27, pleaded guilty to assault causing serious harm to Wayne Fitzgerald, a recovering road crash victim, on 6 May 2015. She was originally sentenced to 12 years' imprisonment, with the final three years suspended, by Judge Tom O'Donnell. On appeal, the Court of Appeal reduced her jail term by 18 months, citing mitigating factors. The Court held that the mitigating factors warranted a greater reduction than the 25% originally applied. The final sentence was 12 years' imprisonment, with four and a half years suspended, leaving a net jail term of seven and a half years. The case involved a house party where Whelan struck Fitzgerald with a bottle, punched and kicked him, and dragged him outside, where he was found unconscious the next morning. Fitzgerald suffered severe brain injury, required surgery, and was left with significant impairments in speech, swallowing, and memory.
Rebecca McNamara, aged 22, of Castlerock, Castleconnell, Co Limerick, was convicted of violently robbing a man in his 60s who had recently undergone heart surgery. On 14 May 2016, McNamara and her then boyfriend, who was also charged, robbed the victim of €200 and a Nokia mobile phone on Davis Street. The victim, described by the Circuit Court judge as an "easy target", was walking two miles a day as part of his rehabilitation. McNamara was sentenced by Judge Tom O'Donnell on 30 March 2017 to five years' imprisonment, with the final year suspended. She appealed, but the Court of Appeal, in a three‑judge panel led by Mr Justice John Hedigan, dismissed the appeal, stating that the sentencing judge had acted within the acceptable range of five to seven years. The appeal was therefore rejected. The case highlights the seriousness of the assault on a vulnerable, recovering patient. Rebecca McNamara pleaded guilty.
The Court of Appeal has dismissed the appeal against the conviction of Sean Carraher for harassing Sgt Conor Gilmartin. Carraher, who pleaded not guilty at Dublin Circuit Criminal Court, was convicted by a jury of harassing the sergeant between March 2009 and May 2011. The allegations included making ten to twelve abusive telephone calls and publishing 58 internet postings on three websites, which contained claims that the officer was corrupt and unfaithful. Carraher had been sentenced to five years' imprisonment by Judge Patrick McCartan, who stated the tariff was intended to deter others from spreading grossly defamatory information. In his appeal, Carraher's counsel argued that the prosecution breached its duty to disclose his own telephone records, which were not put before the jury. However, Mr Justice Alan Mahon, sitting with Mr Justice George Birmingham and Mr Justice John Hedigan, ruled that the prosecution was not in breach of its disclosure duties. The court found that the records were available to Carraher, their absence did not prejudice his defence, and the trial remained fair. The judges noted that while the phone calls were heard by limited personnel, the internet postings were public. Consequently, the appeal was dismissed, upholding the original conviction and sentence.
A man from Ballyhaunis, County Mayo, has had his five-year prison sentence reduced to twelve months following a successful appeal against his original sentence. Thomas Folliard was convicted at Castlebar Circuit Criminal Court of sexually exploiting a child in January 2016 after approaching a thirteen-year-old boy on a street in a Mayo town and offering him fifty euros for sex. The boy refused and reported the incident to his mother, who contacted gardaí. The Court of Appeal upheld his conviction, finding the trial satisfactory and the verdict sound. CCTV footage from a shopping centre and public building proved significant in establishing Folliard's presence and movements. However, the three-judge court deemed the offence fell at the lower end of the sentencing spectrum, noting the contact was brief, conducted in daylight on a busy street, and limited to verbal propositions. Folliard's previously unblemished character and community involvement influenced the sentencing decision. Thomas Folliard pleaded not guilty.
A 43‑year‑old man was convicted of four counts of sexual assault against a girl aged between ten and fourteen, committed between 2004 and 2007 while he was visiting her home. The assaults included touching her breasts and vaginal area, and in one instance inserting fingers into her vagina. The victim, who left home early and had to mature quickly, said the abuse forced her to excel in school as a way out. The appeal was partly based on the victim's recollection of abuse during a 2006 Brazil World Cup mid‑week game, but the Court of Appeal dismissed the appeal, noting that the man could have visited the victim's home during that period and that bank‑card records did not prove he was working. Mr Justice Paul Coffey sentenced the man to three‑and‑a‑half years in prison, with the final year suspended on the condition that he attend a sex‑offender treatment programme while incarcerated.
In a Laois case, a 46‑year‑old man was convicted of rape after he admitted assaulting his wife by punching her in the face on 8 January 2015. The Central Criminal Court jury found him guilty of rape and he was sentenced to seven years' imprisonment, with the final two years suspended by Mr Justice Paul Butler on 20 December 2016. The conviction was upheld on appeal by Mr Justice George Birmingham, who noted the couple's long‑standing marital difficulties, the wife's fear for her life, and the husband's claims of intent to rape. The appeal was dismissed on the basis that the trial judge's directions on recklessness and resistance were not erroneous, and that the jury had considered the evidence as a continuous event. The case remains a rare instance of marital rape conviction in Ireland, the fourth since 1990. The unnamed 46-year-old pleaded not guilty.
In a 2018 Court of Appeal hearing, lawyers for Paula Farrell, aged 44, argued that her jury should have been allowed to consider a provocation defence in her murder trial. Farrell, who lives in Rathmullen Park, Drogheda, had been convicted of murdering her partner, Wayne McQuillan, aged 30, on 1 January 2014. The Central Criminal Court found her guilty after 3½ hours of deliberation, and she received a mandatory life sentence on 17 July 2015. Her defence team, led by Caroline Biggs SC, claimed that Farrell had been provoked by McQuillan's violent behaviour and that she suffered a sudden loss of self‑control, citing evidence from Garda interviews and her own statements. The trial judge had rejected provocation as a viable defence, citing a lack of rational basis. The Director of Public Prosecutions, Gerard Clarke SC, countered that all evidence relevant to provocation was also relevant to other defences and was rejected by the jury. Paula Farrell pleaded not guilty.
The Court of Appeal has upheld the murder conviction of Mark Nash for the killings of two women in Grangegorman, Dublin, in 1997. A three-judge panel, led by Mr Justice Alan Mahon, dismissed all grounds of appeal on 8 May 2018. Nash was convicted in 2015 of murdering the two victims, whose bodies were discovered in sheltered accommodation two decades after the crimes. He received a mandatory life sentence. The court found the trial was conducted fairly and the verdict was justified by evidence. Nash's appeal centred on challenges to his admissions to gardaí, forensic evidence including DNA found on his jacket, and the lawfulness of evidence seizure. The judges concluded the scientific evidence did not prove contamination and that a jury could reasonably determine the DNA profiles were present from the time of the murders. Nash is already serving life imprisonment for two further murders committed in Roscommon in 1997.
The Court of Appeal upheld the State's decision to deport a man alleged to be the "foremost organiser and facilitator of travel by extremists" and the "main recruiter" for Islamic terrorists in Ireland. The man, whose name is withheld for legal reasons, denied consulting with extremist leaders abroad, denied posing a threat to national security, and denied recruiting for extremist groups. In 2016 Mr Justice Richard Humphreys dismissed the man's High Court actions that sought to prevent his deportation, after which he was deported. The man's lawyers appealed the High Court's finding that he had not made a valid asylum claim, but the Court of Appeal, in a unanimous decision, dismissed the appeal. The court held that the man had withdrawn his asylum application in 2000 and that his 2015 refusal to re‑enter the asylum system could only be challenged by judicial review under the 2000 Illegal Immigrants Act, not by the appeal.
During a sentencing hearing on 1 May 2018, Mr Justice Tony Hunt criticised media commentary that described rape sentencing as "opaque and not transparent". He was sentencing a 30‑year‑old man who had sexually molested his 13‑year‑old cousin when he was 15. The judge imposed a 14‑month jail term, citing a Court of Appeal decision that reduced the headline sentence for rape from four years to two years and six months on the basis of the offender's immature age at the time of the offence. Mr Justice Hunt noted that the Court of Appeal had previously reduced a similar case involving a 15‑year‑old to 18 months with six months suspended, and that sentencing decisions are firmly based on Court of Appeal rulings. He also highlighted the offender's employment history, education and young children, and the lack of genuine remorse shown. The unnamed 30-year-old pleaded not guilty and was convicted.
A man with a documented history of assaulting women has had his prison sentence doubled by the Court of Appeal in Cavan, just three days before his scheduled release. Aaron Heffernan, aged 39 and residing in Cavan town, had pleaded guilty at Cavan Circuit Criminal Court to two counts of assault causing harm to his partner in October 2016. He was originally sentenced to two concurrent two-year terms in August 2017. The Court of Appeal found the original sentence unduly lenient and re-sentenced Heffernan to two consecutive two-year terms, resulting in a net four-year sentence. Mr Justice George Birmingham noted Heffernan's previous convictions for similar assaults involving other women and described a pattern of violence. The judge acknowledged the injured party's request for leniency but determined the gravity of the offending behaviour warranted the increased sentence. The new sentence was backdated to the original sentencing date.
A 70‑year‑old Cork man, who cannot be named, pleaded guilty to 18 counts of raping and sexually abusing his step‑daughter between 1974 and 1979, impregnating her twice. The victim, now 53, testified that the man took her from her bedroom to the landing for sexual intercourse three or four times a week, and that she feared Sunday evenings when her mother was at bingo. He was an alcoholic who drank money her mother brought into the house. The Court of Appeal upheld his 12‑year sentence, originally imposed as 14 years with the final two suspended. The appeal argued the starting point of 18 years was too high, citing the 'RK' case, but the court found no error in principle. The judge noted the offender's age and medical issues justified the suspended portion and rejected rehabilitation as a relevant concept. The man had already served four years for indecent assault of the victim's siblings.
Former solicitor Michael Lynn, aged 49, has lodged an appeal against the High Court's refusal to grant him bail. Lynn, who lives in St Alban's Park, Sandymount, Dublin, faces 21 charges at the Dublin Circuit Criminal Court for alleged theft of nearly €30 million from seven financial institutions. Sample charges include €4.1 million stolen from Irish Nationwide on 4 April 2007 and €3.6 million from Ulster Bank on 20 October 2006. He was extradited from Brazil in March and is currently held in Cloverhill Prison. The High Court bail application was denied by Justice Una Ni Raifeartaigh on 6 April. Lynn's appeal is scheduled for hearing on 14 June in the Court of Appeal. During case‑management proceedings, the Director of Public Prosecutions' counsel described the bail application as a "lengthy matter" that occupied most of a day, while Lynn's counsel requested an order for his client to appear on the hearing date.
Don Duggan, aged 30, had 28 prior burglary convictions and pleaded guilty to burglary in Tipperary and a threat to kill on 23 December 2015. He received a ten‑year sentence with four years suspended, imposed by Judge Thomas Teehan at Clonmel Circuit Criminal Court on 11 May 2016. He also pleaded guilty to several burglaries between 18 and 24 August 2015 and was given a six‑year sentence with three years suspended, imposed by the same judge at Nenagh Circuit Criminal Court on 17 June 2016. The sentences were consecutive. Duggan appealed both sentences, but the Court of Appeal dismissed the appeal, holding the sentences were appropriate. The Court noted the victim's fear for her 10‑year‑old son, the threat of shooting, and Duggan's history of 115 convictions, including 28 for burglary, 13 for theft, and four for robbery with violence. The Court found no error of principle and affirmed the consecutive sentences.
Leon Byrne, a 21-year-old with 64 previous convictions, had his sentence doubled following a successful appeal by the Director of Public Prosecution, who argued the original term was unduly lenient. Byrne had previously pleaded guilty to robbery, aggravated burglary, assault causing harm, and unlawful taking of a vehicle in Dublin between April 2014 and April 2015. In July 2017, Judge Karen O'Connor sentenced him to a net three-and-a-half-year term. Today, a three-judge court presided over by Mr Justice John Edwards re-sentenced Byrne to seven years' imprisonment, with the final two years suspended. The court noted Byrne's troubled history, including addiction and homelessness, but emphasized the need for rehabilitation. As a condition of the suspended portion, Byrne was required to enter into a good behaviour bond, which he undertook to do. The effective custody period is five years, reflecting the totality principle applied by the court.
Richard Evans, aged 34, was originally sentenced to three months' imprisonment for burglary of a domestic dwelling in Dublin on 18 February 2015. He had 127 prior convictions, 17 of which were for burglary. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, hearing the case on 26 April 2018, increased the sentence to two years and six months' imprisonment, with the final nine months suspended. The court noted that Evans had previously served a suspended burglary sentence that had been activated and was currently being served. The judge highlighted Evans' extensive criminal history and the seriousness of the burglary offence, concluding the original three‑month term was too light. The new sentence reflects the Court of Appeal's view that the burglary offence warranted a harsher penalty than the concurrent criminal damage sentence. Richard Evans pleaded guilty.
The Court of Appeal has increased the prison sentences of cousins Michael Casey and David Casey, who pleaded guilty to a series of burglaries, including an incident at the home of John O'Donoghue in Doon on August 27, 2015, where Mr. O'Donoghue collapsed and died. The original sentence of four-and-a-half years imprisonment, with the final year suspended, imposed by Judge Tom O'Donnell at Limerick Circuit Criminal Court in December 2016, was found to be unduly lenient following a review by the Director of Public Prosecutions. The Court of Appeal, led by Mr Justice George Birmingham, re-sentenced both men to seven years imprisonment, with the final eight months suspended. This decision was based on aggravating factors, including the pre-planned nature of the burglary spree, the ransacking of a dwelling, and the serious harm caused to the victim. The court also established new sentencing guidelines for burglary, categorizing offenses into mid-range and highest categories based on factors such as planning, violence, and previous convictions. The Caseys received concurrent terms for other related offenses, and the court emphasized the need for general deterrence in cases involving residential burglaries in rural areas.
A Dublin man, Declan Tynan, aged 28, had served 11 months in jail for a violent disorder conviction at a Tallaght bookmakers on 13 December 2012. The prosecution alleged he was one of three men who attacked a customer, with one attacker stabbing repeatedly. Tynan's defence argued the case relied solely on a visual identification by a Garda from CCTV footage, and that no medical or victim impact reports were produced. A jury found him guilty, sentencing him to four years with the final year suspended. After an appeal was dismissed, new evidence emerged: another man claimed to have been the third attacker. The Court of Appeal quashed Tynan's conviction under Section 2 of the Criminal Procedure Act 1993, with no opposition from the Director of Public Prosecutions. The court noted procedural failures in handling the CCTV evidence, including lack of logs and inadequate testing of the identification process. No further outcome was reported.
A 48‑year‑old Carlow man was sentenced to a net three‑year custodial term for sexually assaulting his seven‑year‑old niece over a four‑year period between 1994 and 1998. He pleaded guilty to eight counts of sexual assault. Judge Michael O'Shea imposed eight concurrent five‑year sentences, with the last two years of each suspended, resulting in the net three‑year term. The Court of Appeal, in a three‑judge panel, found the sentence to be a "very lenient outcome" and dismissed the man's appeal. The judge noted the systematic and exploitative nature of the offending, the breach of trust, and the victim's vulnerability. The man had no prior convictions, had suffered a stroke three years earlier, was unemployed, and received a disability allowance. He had accepted the allegations, cooperated with the Gardaí, apologized, and displayed insight. The appeal was rejected.
The Court of Appeal has reduced the prison sentences of Jonathan Dowdall and Patrick Dowdall, who pleaded guilty at the Special Criminal Court to falsely imprisoning Alexander Hurley and threatening to kill him at their family home on January 15, 2015. The Court of Appeal found that the Special Criminal Court's criticisms regarding a Newton Hearing and the timing of their guilty pleas were not justified. Consequently, Jonathan Dowdall, a former Sinn Féin councillor, was re-sentenced to 10 years imprisonment, with the final 25 months suspended. His father, Patrick Dowdall, was re-sentenced to seven years imprisonment, with the final three years suspended. Both defendants were required to enter into good behaviour bonds for the suspended periods. The original sentences, handed down on June 1, 2017, were 12 years for Jonathan and eight years for Patrick. The appeal court noted that the offending was out of character for both men, who had no significant previous convictions, and accepted their expressions of remorse as genuine. The matter was concluded with these revised sentences.
A jury at the Central Criminal Court could not reach a verdict in the retrial of 37‑year‑old Tadhg Butler, charged with murdering Michael O'Dwyer with a butcher's knife at Butler's seaside home in Tramore on 10 January 2014. Butler had previously been sentenced to life for the murder, but that conviction was overturned on appeal. The case centred on Butler's claim that he had accidentally stabbed O'Dwyer while trying to disarm his nephew, Anthony O'Grady, who had threatened self‑harm. O'Grady, who testified but could not recall details, said he saw Butler lift a foot‑long knife and stab O'Dwyer, after which Butler returned to drinking. Butler pleaded not guilty. After six hours of deliberation, the jury failed to agree on a verdict and was discharged. The case will be re‑considered before Mr Justice Patrick McCarthy on 8 May.
The Court of Appeal adjourned the appeal hearing of Karl McCarthy, 36, who had pleaded guilty to two counts of criminal damage for burning two cars on consecutive nights in October 2016. McCarthy was sentenced to six years' imprisonment by Judge Rory McCabe on 29 March 2017. The appeal was to challenge the severity of the sentence. The three‑judge panel, including Mr Justice John Edwards, Mr Justice George Birmingham and Mr Justice Alan Mahon, decided to postpone the hearing and requested psychiatric and psychological reports to determine whether McCarthy suffers from pyromania. Mr Justice Birmingham noted that the court would depart from normal practice and that further information should have been sought before finalising the sentence. He instructed McCarthy to fully cooperate with the professionals involved. The case was adjourned pending the reports.
Larry McCarthy, 37, of Limerick, is appealing a conviction for assaulting cyclist David Foran, 33, on 25 November 2014. The Special Criminal Court found McCarthy guilty of assault and threatening unlawful violence, sentencing him to six years' imprisonment on 31 July 2017. The case centred on Foran's claim that McCarthy struck him with a baseball bat and stabbed his leg with a knife after a confrontation at Cornmarket Villas. McCarthy's appeal focuses on the admission of Foran's initial Garda statement, which identified McCarthy, under section 16 of the Criminal Justice Act 2006. McCarthy's counsel argues the statement was unreliable and that Foran later withdrew the complaint. The Court of Appeal has reserved judgment on the appeal. Larry McCarthy pleaded not guilty.
John Joseph Malone, aged 54, was found guilty of murdering 69‑year‑old Ann 'Nancy' Smyth in 1987 and received a mandatory life sentence in 2017. The Court of Appeal upheld his conviction in 2018, ruling that the trial was fair despite a 27‑year delay. Malone had confessed to the killing to several people over the years, including his brother, former wife, and others in a Presbyterian Bible group. Witnesses testified that he had been present at the scene, had a heated argument with Mrs Smyth, and had admitted to strangling her. The appeal court noted that sufficient witnesses were available and that the delay did not unduly prejudice Malone's defence. The judgment was delivered without Malone's reaction. The case remains a cold case that was reopened after new confession evidence surfaced. John Joseph Malone pleaded not guilty.
The Court of Appeal dismissed an Iranian man's appeal against the State's refusal to grant him Irish citizenship on national security grounds. The man, who has lived in Ireland for over 25 years as a refugee, has repeatedly applied for naturalisation and been rejected. In 2014 the High Court allowed him to inspect some state-held documents but required the State to give a more detailed reason for the refusal. The Minister's decision included a report citing national security and international relations concerns, and the man argued he was denied the right to correct damaging accusations. In 2016 the High Court dismissed his action, and the Court of Appeal, sitting with Justices Peart, Hogan and Gilligan, unanimously upheld the Minister's decision, stating that national security interests outweighed the man's position. The court found no fault with the High Court's review and rejected the claim that his EU rights had been breached.
In 2018 the Court of Appeal upheld a seven‑year jail sentence for Damien Green, who was convicted of assault causing serious harm after slicing the face of his friend Richard Coster. The original trial at Wicklow Circuit Criminal Court had found Green guilty and sentenced him to ten years, with the final three years suspended. The appeal was dismissed because the sentencing judge's approach was deemed correct. Judge John Edwards noted that Coster, a friend of Green, had been heavily drinking and possibly under the influence of drugs on the day of the attack, which occurred at Green's apartment on Richmond Hill. Green had no memory of the events, had previously been uncooperative, and had a history of violent convictions. The judge placed the offence in the high range of seven to twelve years, citing Green's lack of mitigating factors and his prior violent record. The appeal was dismissed, confirming the original sentence. Damien Green pleaded not guilty.
In 2016, a 29‑year‑old intellectually disabled man from Cork was convicted by a Central Criminal Court jury of raping his seven‑year‑old nephew on three occasions between 2009 and 2011. He was sentenced to seven years' imprisonment, with the last six months suspended, and ordered to undergo seven years of post‑release supervision. The judge noted the defendant's high risk of re‑offending and his refusal to engage with probation services, while also acknowledging his significant intellectual difficulties but affirming his moral culpability. In April 2018, his lawyers appealed, arguing that the evidence was too inconsistent for a jury trial and that the case should have been directed to a verdict of acquittal. The Court of Appeal adjourned the appeal to review video recordings of the child's specialist interviews and the cross‑examination, as the defence contended that the child's memory had deteriorated over time, potentially undermining the conviction. The unnamed 29-year-old pleaded not guilty.
Patrick McAuliffe, 53, was found guilty of robbing an 83‑year‑old man in Cork on 12 November 2015, stealing €300 and later €2,300. He was sentenced to five years' imprisonment, with the final year suspended, by Judge David Riordan on 1 November 2016. McAuliffe, a chronic alcoholic and homeless at the time, had 261 prior convictions dating back to 1981, including theft, assault, drug offences and one robbery. The Court of Appeal dismissed his appeal on 16 April 2018, ruling that the net custodial term of four years was "almost lenient" given the victim's catastrophic loss of independence and McAuliffe's extensive criminal record. The appeal was rejected by the three‑judge panel, confirming the sentence as imposed.
Jake Breen, aged 20, pleaded guilty to ten offences in Kilkenny Circuit Criminal Court for events in Carlow and Kilkenny on 7 November 2016. He used a stolen Toyota Land Cruiser, fitted with false plates, to pick up a hitchhiker who was at the start of a world tour. The vehicle stopped, the hitchhiker got out, and the car drove off with the hitchhiker's property still inside. The hitchhiker was thrown to the ground but suffered only minor injuries. Gardaí pursued the Land Cruiser, which drove aggressively, collided with a Garda car, and then reversed. One co‑occupant was apprehended; Breen fled. Breen was sentenced to five years' imprisonment, with the final year suspended, and banned from driving for ten years. The Court of Appeal dismissed his appeal, confirming the sentence as appropriate for the seriousness of the incident.
A 70‑year‑old Cork pensioner, who cannot be named, has appealed the 12‑year jail sentence imposed for raping his step‑daughter from age 11 to 16 and impregnating her twice. He pleaded guilty to 18 counts of rape and sexual abuse between 1974 and 1979. The complainant, now 53, said the man entered the family home after her father's death, married her mother, and repeatedly forced sexual intercourse on her, often when her mother was absent. She reported that the defendant was an alcoholic who spent her mother's money and that the abuse caused her to become pregnant at 15, losing one child and putting another up for adoption. The Court of Appeal heard that the original 18‑year headline sentence was reduced to 14 years, with the final two suspended due to the man's age and medical issues. He had already served a four‑year sentence for indecent assault of the woman's siblings.
In 2016, Liam Power, aged 54 and without a fixed abode, was convicted of murder after killing Latvian national Giants Intembergs in Tullow, County Carlow, on 15–16 September 2014. Power claimed Intembergs had beaten him in an arm‑wrestling match and slapped him, prompting Power to strike him with a "haymaker" to the chin, after which he kicked the victim 10–11 times and removed his clothes. Power also attacked another man, Aigar Sildars, on the same night. The jury, after 14 hours and 38 minutes of deliberation, found Power guilty of murder by a 10‑2 majority and he was sentenced to life imprisonment. Power has appealed the conviction; the Court of Appeal has reserved judgment. Liam Power was acquitted.
In the Court of Appeal, Daniel McDonnell's lawyers argued that letters he wrote while in custody, bragging about the murder of 16‑year‑old Melanie McCarthy, were unreliable and should not have been admitted to the jury. McDonnell, 23, had been convicted of the murder on the basis of these letters and a single piece of graffiti. His barrister, Bernard Condon SC, contended that the letters were produced by a 17‑year‑old in a 23‑hour lock‑up, with a history of drug use and limited education, making them suspect. He highlighted the lack of other evidence linking McDonnell to the crime and the absence of safeguards during the letters' creation. The prosecution, represented by Brendan Grehan SC, maintained that the letters were voluntary, lucid, and highly probative. The appeal was heard by a panel of three judges, who reserved judgment on the matter. Daniel McDonnell pleaded not guilty.
Richard Evans, aged 34, was sentenced to three months' imprisonment for burglary of a Dublin house at Coke Lane. He pleaded guilty at the Dublin Circuit Criminal Court on 6 February 2017, and Judge Petria McDonnell also imposed a separate sentence for criminal damage. Evans had 127 prior convictions, including 17 for burglary, at the time of sentencing. The Director of Public Prosecutions (DPP) has requested a review of the sentence, arguing it was "unduly lenient." DPP counsel Garrett McCormack highlighted that Evans was caught in possession of the victim's property, that the victim had identified him in an identification parade, and that CCTV footage showed his movements from the Criminal Courts of Justice to Coke Lane. The Court of Appeal has reserved its judgment, with Judges Alan Mahon, John Edwards and John Hedigan to deliver it soon. Evans is currently in Mountjoy Prison, not for this appeal. The DPP described Evans as a "chronic recidivist.".