Patrick McNamee, who has 164 prior convictions, was charged with being unlawfully at large for breaching a condition of temporary release from Mountjoy Prison that he be of good behaviour. Six days after his release in December 2015, Gardaí alleged he was seen trespassing on residential property. McNamee's lawyers argued that the charge was too vague and uncertain to be tried, claiming it could encompass anything from poor table manners to spitting in public. The High Court refused leave to bring judicial review proceedings in May. In the Court of Appeal, counsel Patrick McGrath SC presented the argument that the charge effectively meant not being of good behaviour, specifically an attempt to commit burglary. The three‑judge panel, including Mr Justice George Birmingham, Mr Justice Alan Mahon and Mr Justice John Edwards, reserved its judgement.
Vincent O'Donoghue, a businessman, has formally applied to the Supreme Court to appeal the Court of Appeal's dismissal of his action against the sale of government shares in AIB bank. He argues that the proposed sale is contrary to the common good, violates Article 6 of the Constitution, and is unlawful, claiming the judiciary must intervene to prevent the government from acting unlawfully. The High Court had dismissed his action as frivolous, vexatious and bound to fail, and had also denied his injunction to stop the sale pending the outcome of his case. The Court of Appeal upheld the High Court's decision. O'Donoghue contends the Appeal Court erred by labeling his action a non‑justiciable political controversy. The Supreme Court will issue a written decision on whether to allow his appeal.
A 78-year-old American resident has had his prison sentence reduced following a successful appeal at the Court of Appeal in Dublin. The man, who cannot be identified for legal reasons, pleaded guilty at Castlebar Circuit Criminal Court to sexual assault, possession of child pornography, and attempted buggery of a minor between 2000 and 2005. He was originally sentenced to eight-and-a-half years imprisonment in June 2016. The Court of Appeal reduced his sentence to five years, finding that the sentencing judge had insufficiently considered his age and serious medical conditions, which render him largely wheelchair dependent. Mr Justice Alan Mahon stated that while the offences were very serious and involved grooming and abuse of a teenager, courts must give appropriate consideration to the health difficulties of elderly offenders. The three-judge court determined that without these mitigating factors, a sentence of approximately eight years would have been imposed.
Keith Chrystal, aged 28, was convicted at Carlow Circuit Criminal Court for robbery, assault causing harm, possession of an imitation firearm, unlawful use of a vehicle and criminal damage following a raid on Leighlinbridge Post Office on 3 March 2016. He pleaded guilty and was originally sentenced to an effective two‑and‑a‑half‑year term by Judge Carmel Doyle on 20 July 2016. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. In the Court of Appeal, Mr Justice John Edwards re‑sentenced Chrystal to an effective four‑year term, with the final six months suspended. The appeal was based on the judge's assessment that the discounts for the guilty plea and mitigating circumstances were excessive. The case involved a robbery that stole €6,856, the use of an imitation firearm, a hammer, a stolen car, and the assault of Postmaster Art O'Connor, who was struck on the head during the incident.
In a Court of Appeal decision on 16 June 2017, Elaine Newman, aged 32, was awarded €200,000 in damages after losing an eye in a 2007 accident at the home of Marie and Patrick Cogan in Delganstown, Delvin, Co. Westmeath. Newman had sued the Cogan parents under the Occupiers Liability Act 1995, claiming they failed to take reasonable care as occupiers. The High Court had dismissed her case in 2012, ruling that the Cogan parents could not be held liable for choosing non‑shatterproof glass for the door. The Appeal Court, in a unanimous judgment by Justices Mary Finlay Geoghegan, Mary Irvine and Gerard Hogan, overturned that decision. The court held that the Cogan parents were liable because the glass installed in 2000/01 did not meet the standard of safety glass expected of a competent tradesman, and that the accident caused by Emmett Cogan's fall and the resulting glass shards led to Newman's loss of an eye.
A construction company director from Roscommon facing extradition to the United Kingdom over a £5 million tax fraud will argue before the Court of Appeal that Brexit prevents his removal from the State. Thomas Joseph O'Connor, aged 49, was sentenced in his absence to four-and-a-half years imprisonment following conviction at Blackfriars Crown Court in 2007. He returned to Ireland without attending his sentencing hearing and was arrested on an extradition warrant in 2009. The High Court ordered his extradition, but O'Connor appealed. The Court of Appeal dismissed his appeal in October 2015 and the Supreme Court subsequently rejected a further appeal. At hearing today, O'Connor's counsel submitted that the United Kingdom's departure from the European Union rendered extradition impossible and sought leave for a Habeas Corpus application. The bench raised concerns about the legal appropriateness of such proceedings for a person on bail. Re-entered High Court extradition proceedings are scheduled for July 4 and 5.
The Court of Appeal has dismissed an appeal by Mervin White, upholding a High Court decision that validated his sentencing in absentia for driving offences. White, described as a recovering drug addict and a 'veteran of the criminal justice system' with 35 previous convictions, pleaded guilty in the District Court on October 1, 2014, to drunk driving, dangerous driving, driving without insurance, and driving without a licence. Sentencing was adjourned twice due to family emergencies, including his partner's childbirth and his sister's illness. When White failed to appear for the final hearing on December 10, 2014, District Judge Ann Watkin sentenced him to two months in prison. White challenged this via judicial review, arguing that his absence allowed him to present evidence of his recovery progress, which might have resulted in community service. The High Court dismissed this claim, noting that 'neither do the courts' wait for individuals. The three-judge Court of Appeal, led by Mr Justice John Hedigan, found that the District Judge made every effort to ensure his attendance and was entitled to conclude he consciously absented himself. The appeal was dismissed. A warrant committing White to prison for two months was stayed until July 31 to allow time for a potential Supreme Court appeal. The court also noted White's fear of imprisonment in Mountjoy Prison, drawing the Prison Service's attention to this concern.
Mr Vincent O'Donoghue's attempt to stop the sale of government shares in AIB was dismissed by the Court of Appeal. He had sued AIB Plc, the Minister for Finance, the Government, Ireland and the Attorney General, seeking a declaration that the sale was contrary to the common good, Article 6 of the Constitution and unlawful. The High Court had earlier dismissed his action as frivolous, vexatious and lacking a legal impediment. He also failed to show any reason the State must retain its shareholding. His injunction request to halt any disposal of the State's shares was also rejected. The Court of Appeal, sitting with Justices Sean Ryan, Mary Finlay Geoghegan and Gerard Hogan, unanimously upheld the High Court's decisions, ruled the matter a political controversy and non‑justiciable, struck out his proceedings and ordered him to pay the State and AIB's legal costs.
In June 2017, Eric Eoin Marques, a 30‑year‑old Irishman living in Dublin, faced a legal battle to stop his extradition to the United States. The FBI had described him as the world's largest facilitator of child pornography, alleging he owned and ran the anonymous hosting site Freedom Hosting. U.S. authorities charged him with conspiring to distribute and advertise child pornography, specifically involving extremely violent images of pre‑pubescent children. Marques had been in custody since his 2013 arrest, and a 2015 High Court order for his surrender was upheld by the Court of Appeal. He had also challenged the Director of Public Prosecutions' decision not to prosecute him for the offences tied to the surrender, but both the High Court and Court of Appeal dismissed his actions. In May, the Supreme Court rejected his appeal on that matter, and an application to the European Court of Human Rights was also denied.
A 73‑year‑old retired priest, Tadhg O'Dalaigh, whose conviction for indecently assaulting a schoolboy in the 1970s was quashed, has been awarded legal costs for his successful appeal. The Catholic Church had funded his legal representation, a fact that the Director of Public Prosecutions' counsel argued should preclude a costs award because O'Dalaigh was not out of pocket. The Court of Appeal quashed the conviction after the trial judge failed to warn the jury about the dangers of convicting without corroboration. The three‑judge court also refused a retrial, citing the defendant's full sentence, the case's antiquity and his age. Justice Alan Mahon ruled that awarding costs was appropriate, noting that O'Dalaigh had not benefited from state‑funded legal aid and that no blame could be attributed to him for the alleged offence. The decision was made without any application to recover the costs of the original Circuit Court trial. Tadhg O'Dalaigh pleaded guilty.
A former basketball coach has appealed against the decision to proceed with his trial for alleged indecent assault on a male more than 40 years ago. The appellant, who cannot be identified for legal reasons, is facing four charges of indecent assault, which are alleged to have occurred outside Dublin during the early 1970s. The matter is currently in the appeal stage. The appellant claims that the passage of time has rendered several potential witnesses unavailable, as they are no longer living in Ireland or have died. He also argues that the building where the alleged assaults occurred has been demolished, preventing him from obtaining an engineer's inspection to corroborate the complainant's allegations. Additionally, the appellant asserts that his health issues and memory loss would hinder his ability to mount an effective defense. Permission to bring the appeal was granted by Mr Justice Seamus Noonan on an ex-parte basis, and the matter has been returned for a hearing in July. A stay has been placed on the prosecution until the appeal is resolved.
A 42‑year‑old man was convicted at Naas Circuit Criminal Court of defilement of a child and sexual assault against a 14‑year‑old schoolgirl who was staying for a sleepover at her friend's house. He pleaded guilty to five counts in January and February 2014. Judge Michael O'Shea imposed an effective eight‑year sentence on 4 December 2015. On appeal, the Court of Appeal suspended the final twelve months of that term, citing the early guilty plea as a mitigating factor that should have been specifically addressed in the original sentence. The appeal judge, Mr Justice George Birmingham, noted the victim's Asberger's Syndrome and the severe impact of the offence, but upheld the eight‑year term with a suspended year, leaving a three‑year post‑release supervision period in place. The case involved a significant age gap and grooming elements, with the offender's partner being the victim's friend's mother.
The Catholic Church paid for the legal representation of retired priest Tadhg O'Dalaigh, who successfully appealed a conviction for indecently assaulting a schoolboy in the 1970s. O'Dalaigh, aged 73, had been found guilty by a jury and sentenced to five years' imprisonment, with the final two years suspended by Judge Donagh McDonagh on 18 December 2014. He had already served the full term when the Court of Appeal quashed his conviction on Monday, citing the trial judge's failure to warn the jury about the dangers of convicting without corroboration. The Court also refused the Director of Public Prosecutions' application for a retrial, deciding it would not be in the interests of justice to order one for someone who had served the sentence. Counsel for O'Dalaigh, Patrick Gageby SC, applied for legal costs for the appeal, arguing that the source of the funding was irrelevant.
Catherine Callanan, 51, of Ballinroad, Dungarvan, was convicted of two counts of deception for hiring a bouncy castle and a minibus for her son's 21st birthday through the Waterford Vocational Education Committee (VEC). The jury found her guilty in 2015 and Judge Melanie Greally imposed a wholly suspended four‑month sentence. Callanan appealed, arguing that the jury should not have considered the deception. The Court of Appeal, in a three‑judge panel, upheld the conviction. Justice Alan Mahon held that the jury was correctly left to decide whether Callanan intended to deceive the VEC by invoicing the costs to the committee and whether she had sought authorisation. The appeal was dismissed, confirming the original verdict and the suspended sentence. The case highlighted the role of the VEC and the responsibilities of its staff in authorising purchases. The Court referred to a 1837 precedent on implied deception. The decision was delivered by Justice Mahon, with Justices Birmingham and Edwards presiding. Catherine Callanan pleaded not guilty.
Samuel Devlin, 59, from Northern Ireland, was convicted by the Special Criminal Court for unlawful possession of PETN on 11 May 2014 at Finnstown House Hotel, Lucan. He was found guilty of being an IRA bomb‑maker and sentenced to six years' imprisonment on 6 April 2016. The trial, lasting three weeks, relied on evidence from the Special Detective Unit, including a warrant obtained at 3.30 am on a Sunday to search the hotel. Three rolls of detonator cord, 26 metres long and containing PETN, were discovered wrapped in a towel inside a laptop bag. Devlin was arrested during the search. He has now appealed his conviction in the Court of Appeal, where the judge has reserved judgment. The appeal challenges the manner in which the search warrant was obtained, the timing of its use, the handling of DNA evidence, and the court's inference that Devlin knew the cords were explosives. Samuel Devlin pleaded not guilty.
In a case heard at the Central Criminal Court, 39‑year‑old nurse Greta Dudko was convicted of murder after killing her 55‑year‑old mother, Anna Butautiene, on Christmas Eve 2010. Dudko admitted striking her mother's head against a wall and then hitting her twice with a glass bottle, resulting in blunt‑force trauma. She had an alcohol problem and was on several medications at the time. The trial also revealed that Dudko had been suspended from her nursing job for intoxication and that she and her mother had moved out of the shared home weeks before the murder. Dudko's defence argued lack of intent due to intoxication and a partial defence of provocation. The jury found her guilty of murder by a 11‑1 majority. She will appeal her conviction on 10 November, as set by the Court of Appeal.".
In May 2014, a 43‑year‑old man raped and assaulted his wife in their home, threatening to cut her face and to kill her the next day over the phone. He also pleaded guilty to attempting serious harm to her and assaulting her mother during a hammer attack outside the mother's Dublin home on 7 August 2014. A jury of eleven men and one woman convicted him of rape and the threats, but could not reach a verdict on other assault counts. In July 2015, the Central Criminal Court sentenced him to 12 years for rape, suspending the final two years, and imposed lesser concurrent sentences for the other counts. On 22 May 2017, the Court of Appeal set 31 October 2017 as the date for his appeal against conviction, with the defendant absent from the procedural hearing.
In 1979 a retired priest, Tadhg O'Dalaigh, was convicted of indecently assaulting a 16‑year‑old boy at a boarding school in County Cork. He was found guilty by a jury and sentenced to five years, with two years suspended. O'Dalaigh appealed, arguing that the trial judge failed to warn the jury about the danger of convicting without corroborative evidence. The Court of Appeal, in a three‑judge panel, agreed that the judge erred by not giving a corroboration warning in a case lacking corroboration. The appeal was allowed, the conviction was quashed, and the court will consider whether a retrial is appropriate. O'Dalaigh had previously pleaded guilty in 1999 and 2014 to similar offences at the same school, but denied assaulting the complainant in the present case. The case highlighted the importance of jury warnings when evidence is limited. Tadhg O'Dalaigh pleaded not guilty.
Mark Nash is to appeal one of his murder convictions in the Court of Appeal. Nash was convicted in 2015 of murdering two women whose bodies were discovered in sheltered accommodation in Dublin in 1997. The 44-year-old had pleaded not guilty to the charges at the Central Criminal Court but was found unanimously guilty and received a mandatory life sentence in April 2015. Nash is already serving a life sentence imposed in October 1998 for a separate double murder committed in Ballintober, County Roscommon, and for seriously injuring a woman in August 1997. The Court of Appeal fixed 7 November as the date for the appeal hearing, which is expected to last three days.
David Mahon, aged 46, will appeal the seven‑year sentence imposed for the manslaughter of Dean Fitzpatrick, 23, his partner's son. The incident occurred on 26 May 2013 when Mahon stabbed Fitzpatrick in the abdomen outside the apartment shared with Fitzpatrick's mother, Audrey, on Burnell Square, Northern Cross, Malahide Road, Dublin. The trial, held over two weeks, found Mahon not guilty of murder but guilty of manslaughter, with the State arguing he was drunk, angry and intent on killing. Mahon claimed the death was accidental or a possible suicide, asserting Fitzpatrick had walked into the knife during an argument. Justice Margaret Heneghan sentenced him on 13 June 2016. In the Court of Appeal, Justice George Birmingham set 23 October as the date for Mahon's appeal against the sentence. Mahon was represented by Tony Collier Solicitors and two trial counsel, and had been granted legal aid for the appeal. David Mahon was found guilty.
Declan Tynan, a convicted person, appeared in the Court of Appeal regarding his conviction for violent disorder at Ladbrokes bookmakers in Killinarden, Tallaght, on December 13, 2012. Tynan had previously pleaded not guilty at Dublin Circuit Criminal Court, where he was found guilty by a jury and sentenced to four years imprisonment, with the final year suspended, by Judge Patricia Ryan on January 13, 2017. The appeal challenged the admissibility of evidence, specifically arguing that a Garda officer's identification of Tynan from CCTV footage was unreliable. Counsel for Tynan, Michael O'Higgins SC, submitted that the officer was not a direct witness to the crime and that the lack of recorded procedures for the video identification rendered the testimony unfair. He argued that no log or history of how the footage was viewed was kept, preventing objective testing of the recognition. The Director of Public Prosecutions' counsel, Maurice Coffey BL, countered that recognition evidence is distinct from identification evidence and that the defense was imposing an aspirational standard. The three-judge court, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Hedigan, reserved judgment. Consequently, the matter was adjourned, and Tynan must wait to hear the outcome of the appeal against his conviction.
Michael Lyons, aged 55, of Currin, Glencolmcille, County Donegal, has had his prison sentence reduced on appeal at the Court of Appeal. Lyons pleaded guilty at Letterkenny Circuit Criminal Court to assault causing serious harm following an incident at Quiggs bar, Carrick, on 12 October 2013. He was originally sentenced to four years imprisonment in June 2016. The Court of Appeal has now reduced his sentence to two years and three months. Mr Justice John Hedigan found that the sentencing judge had erred in law by assessing the offence as falling within the lower end of the middle range but then imposing a sentence equivalent to six years. The court agreed the offence fell within the lower middle range, equivalent to four years. The victim sustained a serious and permanent traumatic brain injury as a result. Mitigating factors included Lyons' guilty plea, remorse, lack of previous convictions, cooperation with gardaí, and his immediate assistance to the injured party.
A senior nursing executive with the HSE has successfully appealed against her temporary re-assignment to a non-clinical role. The Court of Appeal found that the HSE breached the employment contract of the Area Director of Nursing for Galway/Roscommon Mental Health Services when it moved her from clinical and managerial duties in July 2015. The re-assignment occurred while a review was underway into allegations concerning mental health facilities in Roscommon, though the executive herself was not under investigation or disciplinary process. The Mental Health Commission had raised serious concerns about service-user welfare and management responses at the facilities. The three-judge court rejected the HSE's argument that an implied contractual term permitted such re-assignment in crisis circumstances. The court noted the review, which commenced in 2015, was expected to conclude imminently. The matter was adjourned to allow both parties to consider the decision.
Charles Hutchinson, aged 34, was convicted of unlawfully killing Lawrence 'Michael' McGeown, aged 60, after striking him with a single punch to the side of the head on 28 February 2014. The death occurred three days later. Hutchinson was found guilty by a jury at Dundalk Circuit Criminal Court and originally sentenced to seven years' imprisonment, with the final year suspended. On appeal, the Court of Appeal held that the inclusion of Hutchinson's 2010 section 3 assault conviction had improperly increased the headline sentence. The appeal judge re‑sentenced him to five years' imprisonment, again with the final year suspended. Hutchinson's prior convictions included assault, public order offences, criminal damage, dangerous driving, unauthorised taking and interference, and he had a history of alcohol addiction and poor employment. The appeal judge noted that the single punch was not of particular force and that the deceased had health issues, but that there was no provocation or justification for the assault. Charles Hutchinson pleaded not guilty.
A pig farmer from County Longford has been imprisoned following the dismissal of his appeal against conviction at the Court of Appeal. Donal Connaughton, aged 58, from Newtowncashel, was found guilty by jury at Longford Circuit Criminal Court in 2013 of false imprisonment, threatening to cause serious harm, assault causing harm, and criminal damage. The offences occurred on 29 April 2010 at his piggery when two repossession employees arrived to recover items on behalf of a finance company. During the incident, Connaughton made aggressive threats towards the men and ordered them to undress and enter a pen with an agitated boar. An audio recording captured by the repossession men corroborated their accounts of the incident. Connaughton was sentenced to twelve months imprisonment by Mr Justice Tony Hunt in November 2013. The Court of Appeal, presided over by Mr Justice George Birmingham, found no grounds to question the safety of the verdict and dismissed the appeal, describing the recorded evidence as crystal clear. Donal Connaughton pleaded not guilty.
A man convicted of sexually exploiting a child online has had his sentence reduced on appeal at the Court of Appeal. The defendant, aged 23, with an address in County Cork, had pleaded guilty at Castlebar Circuit Criminal Court to five counts of child exploitation occurring in April 2012. He was originally sentenced to seven years imprisonment, with the final two years suspended, in February 2016. Following his appeal, Mr Justice Alan Mahon reduced the sentence to five-and-a-half years, with the final two years suspended. The court heard the defendant was nearly 19 when he engaged in online sexual contact with a 12-year-old victim via video conversation. He accepted continuing contact after learning the victim's true age and requiring her to remove clothing and engage in sexual acts. The judge noted the defendant had previous convictions for sexual assault of an adult woman, describing him as "a significant threat to women" at a young age.
In a 2017 Court of Appeal decision, a 40‑year‑old rapist lost an appeal against his conviction for two rapes, two anal rapes and assault. The Central Criminal Court had sentenced him to 14 years' imprisonment, with the final year suspended. The appeal centred on the defendant's attempt to introduce sexually explicit images from the victim's phone as evidence. The trial judge had ruled the images irrelevant and refused to admit them. The Court of Appeal, led by Mr Justice George Birmingham, found no basis for the images to meet the statutory relevance requirement, reaffirming the victim's right to privacy. The court dismissed all grounds of appeal and upheld the conviction and sentence. No further procedural steps were indicated in the article. The unnamed 40-year-old pleaded not guilty.
The Supreme Court has scheduled an appeal for May 31st regarding the deportation of an unnamed man in his 50s, who has alleged links to Islamic terrorism. The appeal challenges a High Court decision by Mr Justice Richard Humphreys, who upheld the Minister for Justice's deportation order and refused leave to appeal to the Court of Appeal. The appellant claims deportation would breach Article 3 of the European Convention on Human Rights, alleging risks of torture and inhuman treatment due to his political views, while denying terrorism involvement. The State asserts his activities and associates are a serious security concern, alleging he raised money for jihadists. The court noted he was convicted and jailed in France for several years for terrorist offences. Additionally, he served a prison sentence in Ireland after being convicted of attempting to travel using forged documents. The Supreme Court granted permission to hear the case, citing points of general public importance, with the hearing set to proceed before Mr Justice Donal O'Donnell.
The Court of Appeal ruled that Shillelagh Quarries Ltd must stop all quarrying works on a 3.27‑hectare area of its 25‑hectare site near Brittas, Co. Dublin, on the north‑facing slope of Butter Mountain, a 465‑metre peak. The site lies within an area of exceptional public amenity and close to two Special Areas of Conservation. The court upheld a High Court order that required the company to cease works by the following Friday and confirmed a two‑month stay on the cessation, allowing the firm to seek to regularise its planning status and give employees notice to find alternative work. The appeal concerned only the length of the stay, not the substantive finding that the quarrying was unauthorised. The court found the company had continued commercial activity despite a 2010 refusal of planning permission, creating a discordant landscape in a protected area. The ruling was made by Justices Mary Finlay Geoghegan, Michael Peart and Gerard Hogan.
Donna Magee, 47, of Holyfields, Dungannon, was convicted of stealing €270,597 from O'Mara Geraghty McCourt Solicitors while she worked as a financial controller in 2008‑2009. She pleaded guilty at Dublin Circuit Criminal Court and was sentenced to three years' imprisonment, with the final 18 months suspended. The Court of Appeal dismissed her appeal, finding the 18‑month net custodial term "lenient" for a fraud of a quarter‑million euros. The judge noted Magee's prior convictions, including a nine‑month sentence for VAT fraud in 2014 and an earlier fraud conviction in 2002, and the partial recovery of €173,000 through civil proceedings. The appeal was heard six weeks after the sentence was imposed, and the Court of Appeal, led by Justice Alan Mahon, upheld the original sentence. The decision was made in the context of Magee's status as a mother of one and the impact on her 14‑year‑old daughter.
A 22‑year‑old Roma man pleaded guilty to one count of sexual assault against a 16‑year‑old girl in Cork. The victim was told to drink alcohol or he would kill her, then he attempted to have sex with her and left her unconscious and undressed on a footpath. He was sentenced to seven years' imprisonment, with the final year suspended, by Judge Gerard O'Brien on 7 July 2016. On appeal the Court of Appeal reduced the jail term by one year, citing the judge's failure to mention the victim's €10,000 compensation payment, a token of the man's remorse. The Court of Appeal left the seven‑year sentence in place but suspended the final two years, and ordered 12 months of post‑release supervision. The man had 29 prior convictions, including theft, burglary and public order offences. The case was heard by Mr Justice George Birmingham, Mr Justice Alan Mahon and Mr Justice John Hedigan.
A 60‑year‑old Laois man was convicted of anal rape of a 34‑year‑old woman at her home on 10 October 2010. The Central Criminal Court jury found him guilty after a five‑day trial and Judge Deirdre Murphy sentenced him to seven‑and‑a‑half years on 29 February 2016. He appealed the conviction but lost. He successfully appealed the sentence, arguing that the judge had not stated the discount for mitigating factors. The Court of Appeal, led by Justice John Edwards, reduced the sentence by 18 months, citing the man's good behaviour in prison, first‑time offender status and positive character. The final imposed term was six years imprisonment, with no mention of a suspended portion or effective custody. The appeal also addressed a brief incident where the accused spoke to a juror at a Luas stop, which the court found did not warrant discharging the jury.
Tadhg Butler, 36, of Seafield, Tramore, was convicted of murdering Michael O'Dwyer, 25, at Butler's home on 10 January 2014. The Central Criminal Court found him guilty after a 2‑hour 26‑minute trial and sentenced him to mandatory life imprisonment on 15 May 2015. During the trial, Butler dismissed his legal team on day six and cross‑examined his cousin, Patrick O'Grady, a key prosecution witness, in what the judge called an "exceptional situation." Butler later claimed he had changed his defence, suggesting the stabbing was accidental, but the witness rejected this proposition and no evidence was presented to support it. Butler has now filed an appeal on several grounds, with the Court of Appeal reserving judgment. The appeal is pending, and no further procedural developments are reported in the article. Tadhg Butler pleaded not guilty.
A pig farmer from County Longford has appealed his conviction for false imprisonment and related offences, alleging interference with a juror during his trial. Donal Connaughton, aged 58, from Elfeet, Newtowncashel, was convicted in 2013 following an incident at his farm in April 2010 when he directed two repossession agents into a pen with an agitated boar. He was found guilty on charges of false imprisonment, threatening serious harm, and assault, and was sentenced to twelve months imprisonment. His barrister argued before the Court of Appeal that the trial did not proceed in accordance with law due to alleged contact between a juror and third parties. The prosecution contended the allegation lacked evidential foundation, noting that eleven of twelve jurors confirmed no interference occurred. The three-judge court reserved judgement on the appeal. Connaughton remains on bail pending the determination of the case. Donal Connaughton pleaded not guilty and was acquitted.
Mark Taylor, aged 27, of Rossfield Green, Tallaght, had his prison sentence increased on appeal after driving a stolen Lexus into a Garda car on 19 June 2013, injuring an officer who required surgery and was out of work for a year. Taylor also drove a Subaru Legacy at high speed on 29 June 2013, colliding with another vehicle and driving off. He pleaded guilty to two counts of unlawful use of a vehicle, damage to property and two counts of endangerment. Initially sentenced to three years in Naas Circuit Criminal Court, he was to serve a four‑year term in Dublin Circuit Criminal Court. The Director of Public Prosecutions sought a review, and the Court of Appeal imposed a net sentence of eight years imprisonment, with the final three years suspended. The suspended portion is back‑dated to June 2015.
Christopher Cummins, 37, of Cherry Park, River Valley, Swords, was sentenced to five years' imprisonment for his fiftieth burglary conviction. The offence involved the theft of €12,000 from a health store in Liffey Valley Shopping Centre on 31 October 2015, when a safe was left unlocked and an employee was distracted. Cummins had 139 prior convictions, including 49 burglaries, and had been released from a four‑year sentence the day before the Liffey Valley robbery. He pleaded guilty and was sentenced by Judge Pat McCartan on 21 July 2016. Cummins appealed the sentence, but the Court of Appeal, with Justice George Birmingham, dismissed the appeal, stating that a harsher sentence might have been upheld and that the five‑year term was not unduly severe. The court noted Cummins' extensive criminal record and the seriousness of the theft. The appeal was rejected.
In 2012, Garrett O'Brien, 39, was convicted of murder and sentenced to life imprisonment for the killing of Seamus O'Byrne, 27, in Tallaght. O'Brien's lawyers argue that his fair‑trial rights were violated because the jury never clarified whether he was found guilty as the gunman or merely a "gopher" in a joint enterprise. They claim the prosecution presented a dual case—first as a joint enterprise, then as a triggerman—creating a procedural flaw. The appeal, lodged in the Court of Appeal, contends that if the jury had reasonable doubt about O'Brien's role as the gunman, he should have been acquitted. The defense also challenges the judge's directions regarding the necessity of a search warrant and the legality of data obtained from a third‑party subcontractor. The prosecution maintains that all evidence pointed to O'Brien as the gunman and that the jury's lack of specificity should not affect the conviction. The Court of Appeal has reserved its decision. Garrett O'Brien pleaded not guilty.
Thomas Berry, aged 43 and resident of Bunclody, Co. Wexford, was convicted of theft and related offences for his part in a 2009 ATM robbery at a Maxol service station on Bellefield Road, Enniscorthy. The robbery involved a JCB digger that was hot‑wired by Berry and other gang members to move the ATM, which contained €205,100, into a trailer for escape. Berry was found guilty by a jury at Wexford Circuit Criminal Court and sentenced to five years' imprisonment, with the final three months suspended. He appealed the conviction, but the Court of Appeal, in a unanimous decision, dismissed his appeal on all grounds. The court upheld the original conviction, confirming the jury's finding that Berry was one of the raiders. The appeal was rejected by Judges George Birmingham, Alan Mahon and John Edwards. The case remains at the conviction stage. Thomas Berry pleaded not guilty.
In a Central Criminal Court case, a 60‑year‑old Laois man was convicted of anal rape of a 34‑year‑old woman at her home on 10 October 2010. The jury delivered a 10‑2 majority verdict after a five‑day trial in December 2015, and Ms Justice Deirdre Murphy sentenced him to seven‑and‑a‑half years imprisonment on 29 February 2016. The defendant, who has no prior convictions, did not accept the verdict and has lodged an appeal in the Court of Appeal, where the judges have reserved judgment. His barrister, Patrick Gageby SC, argued that the defendant had spoken to a juror at a Luas stop near the courts during the trial, claiming the contact was an innocuous request for directions. Gageby urged the court to question the juror about any potential influence on the jury's impartiality, a step he says was not taken.
Daniel Kavanagh, 26, of Owensilla, Ballymun, pleaded guilty to possession of a double‑barrelled sawn‑off shotgun and robbery of the Mace Store in Clogherhead, Co. Louth, on 20 April 2015. He had originally been sentenced to four years' imprisonment, with the final two years suspended, on 21 July 2016. Prosecutors appealed, arguing the sentence was "unduly lenient". The Court of Appeal reviewed the case and imposed a five‑year jail term for each of the two counts, to run concurrently. The judge noted Kavanagh's prior 15 convictions, including firearms offences, and the serious nature of the robbery. The new sentence reflects the Court's view that the original penalty was too light given the circumstances and Kavanagh's history. The decision was made by Mr Justice Alan Mahon, sitting with Mr Justice John Edwards and Mr Justice John Hedigan. The revised term is five years for each count, concurrent, with the final two years suspended.
Angelique Arundel, 31, of Shannon Lawn, Mayfield, Co Cork, and John O'Donnell were convicted of aggravated burglary at a home in Churchtown, Mallow, on 28 and 29 August 2015. Arundel pleaded guilty and was sentenced to five years' imprisonment by Judge Seán Ó Donnabháin at Cork Circuit Criminal Court on 2 February 2016. She appealed the sentence, but the Court of Appeal dismissed the appeal today, holding that a five‑year term was appropriate for an aggravated burglary involving an armed intrusion into a family bedroom. The Court noted that the victim, a man in his 70s, his partner and a two‑year‑old son, awoke to glass breaking; a man with a sledgehammer and Arundel with an iron bar entered the bedroom. The co‑accused demanded €3,000 the next day and threatened the victim with violence and a gun. Arundel had 63 prior convictions, mainly for public order and road traffic offences.
Ciaran Nally, 32, of Ninch, Laytown, was convicted at Dundalk Circuit Criminal Court in April 2015 for possession of cocaine for sale or supply at the Monasterboice Inn car park. He pleaded guilty and was sentenced to six years' imprisonment, with the final three years suspended, by Judge Michael O'Shea on 29 January 2016. Nally was one of four co‑accused in a drug handover that involved moving two packs of cocaine from one car to another. Surveillance had targeted the residences of two co‑accused, and a vehicle was later stopped on the motorway where €139,000 worth of cocaine was seized. Nally's home was searched with no evidence found. He admitted the packs likely contained cannabis and that he received no financial benefit. The Court of Appeal dismissed his appeal, ruling the sentence fair and reasonable. The judge noted Nally's role as a conduit in the drug supply chain and his prior cannabis addiction.
The Supreme Court has provisionally scheduled May 31st for the hearing of an appeal by an unnamed man in his 50s against his deportation from Ireland. The matter was adjourned for a mention in two weeks to determine if the appeal can proceed on that date. The appellant, who denies terrorism links and claims risk based on political views, was convicted and jailed in France for several years for terrorist offences. He also served a prison sentence in Ireland for attempting to travel using forged documents. The State alleges his activities are contrary to security, claiming he raised money for jihadists and was convicted of terrorism offences in his home country. Last month, Mr Justice Richard Humphreys in the High Court dismissed the man's bid to overturn the Minister for Justice's deportation decision, finding the Minister's assessment of risk lawful. The Supreme Court granted permission to appeal on grounds of general public importance and imposed a stay on deportation pending the outcome, citing the appellant's claim of risk under Article 3 of the European Convention. Mr Justice Donal O'Donell asked both parties to coordinate submissions to ensure readiness for the May 31st hearing, warning the case will not proceed if they are not prepared.
The Court of Appeal has dismissed an appeal against sentence lodged by Paul McCarthy, a 40-year-old man from Cork city. McCarthy had previously pleaded not guilty to charges of making a threat to kill or cause serious harm and producing a broken bottle to intimidate someone at N Square restaurant on Camden Quay on December 6, 2014. He was found guilty by a jury at Cork Circuit Criminal Court and sentenced to six years' imprisonment, with the final 18 months suspended, by Judge Gerard O'Brien on May 5, 2016. In its judgment, the Court of Appeal, comprising Mr Justice John Edwards, Mr Justice George Birmingham, and Mr Justice Alan Mahon, found no error in principle in the original sentence. The court noted that McCarthy allegedly stormed into the restaurant with a woman, knocking over table settings and making racist remarks. When the owner, Nabil Cherif, retrieved a box of beer, bottles broke, and McCarthy allegedly picked up a shard, made a punching motion, and threatened Cherif's life. The court highlighted aggravating factors, including the use of a weapon, the xenophobic nature of the threats, and the impact on the victim. It also noted McCarthy's history of 129 previous convictions and long-standing substance abuse issues. Consequently, the appeal was dismissed, and the original sentence stands.
In a 2017 appeal court hearing, Judge Alan Mahon upheld a three‑year jail sentence for Oliver Kennaway, who had pleaded guilty to robbing a filling station in Dundalk on 27 July 2013 with a knife. Kennaway, aged 37, entered the station wearing a hoodie and a large knife, demanded money from the till, and fled with €500, pursued by an employee. The judge noted Kennaway's difficult personal background, 15 prior convictions, and a seven‑year period of being conviction‑free before this offence. He described the robbery as "frightening and intimidating" and linked it to Kennaway's chronic drug addiction. Judge Mahon concluded that, given the growing public concern over knife crime, the net custodial sentence of three years was not unduly harsh and could be described as lenient. The appeal was dismissed.
A 47‑year‑old man was sentenced to nine years in prison for sexually assaulting his daughter and two other girls under 13 between 1997 and 2009. He pleaded not guilty to 18 counts, but a jury found him guilty and Judge Alice Doyle imposed three consecutive three‑year sentences on 10 June 2015. He appealed the conviction on all but three counts involving one victim; the Court of Appeal upheld the conviction on the remaining count. On 24 April 2017 the Court of Appeal reduced his sentence by two years, giving a total of seven years – consecutive sentences of three, two and two years. The court noted the seriousness of the offences, the duration of the offending period, the multiple young victims, the nature of the abuse and the man's limited intellectual capacity, but did not suspend any portion of the sentence.
Peter Jackson, aged 42, was convicted of murdering David Hamilton, aged 31, during a heroin injection dispute on 4 May 2012. The Central Criminal Court found Jackson guilty and imposed a mandatory life sentence on 23 November 2015. Jackson, a former heroin addict, and Hamilton were both users who had bought two bags of heroin earlier that day. An argument erupted after Jackson struggled to inject Hamilton, leading to a fight that culminated in Jackson striking Hamilton with a knife. Jackson appealed his conviction, arguing a lack of evidence for the mental element of murder and that the judge failed to address rebuttable presumptions. The Court of Appeal, led by Mr Justice Birmingham, rejected the appeal, affirming the conviction and the life sentence. The appeal was dismissed. Peter Jackson pleaded not guilty.
Stephen "Rossi" Walsh, a 69‑year‑old former Belgrave Road resident, was denied an extension of time to appeal his rape and child‑defilement convictions. In February 2010 he received a 10‑year sentence for raping a nine‑year‑old girl. Judge Patrick McCartan added a consecutive three‑year term in November 2010 for indecent assault of a seven‑year‑old girl, and a further consecutive 12‑year term in December 2011 for sexual assault and defilement in 2008 and 2009. Walsh's recent motions to the Court of Appeal were rejected; he may only appeal on his original grounds.
In 2011 a worker, Barry Gargan, 28, was killed at Kilsaran Concrete's Piercetown plant when a cleaning arm fell on him inside a safety cage. The company pleaded guilty to failing to manage work safely and was fined €125,000 by Judge Michael O'Shea in 2016. The Director of Public Prosecutions argued the fine was too low, citing deliberate safety feature overrides to boost profit. The Court of Appeal, hearing the DPP's application, increased the fine to €1 million. The appeal court found the company had a pattern of incremental safety breaches over more than a year, with senior management encouraging risky practices. The court noted the company's cooperation, guilty plea and prior good safety record as mitigating factors, but deemed the original fine unduly lenient. The final penalty was €1 million, a 50 % reduction from the maximum possible fine. The company apologized to the Gargan family and acknowledged the loss of a valued employee.
Robert Jones, 27, of Glenview Park, Tallaght, was convicted in 2016 of assault causing harm to medical student Brian Murphy after striking him with a pint glass at Palace Nightclub on 20 July 2014. The original 18‑month sentence was wholly suspended. In 2017 the Court of Appeal reviewed the sentence, finding it unduly lenient, but did not impose jail time because the review was delayed and Jones had no prior convictions, was employed, married and had a child. The judge noted that the glass hit Murphy's left eye, causing permanent blindness, scarring and psychological trauma, and that Murphy had resumed medical studies. Jones admitted the assault, expressed remorse and claimed he was unaware he was holding a glass. The appeal was dismissed, leaving the suspended sentence in place. Robert Jones pleaded guilty.