Joe Heffernan, a 35‑year‑old farmer from Cappagh Beg, Barefield, Ennis, was convicted of murdering 21‑year‑old student Eoin Ryan in 2011 and sentenced to life imprisonment by Mr Justice Patrick McCarthy on 3 July 2013. The murder was discovered when Ryan's body was found in a barrel on Heffernan's farm on 7 June 2011. During the trial, two 999 calls were played to the jury, with transcripts provided. Heffernan had pleaded not guilty and later appealed, arguing that the prosecution should have proved he was not suffering from a mental disorder and did not have diminished responsibility. Mr Justice John Edwards, sitting with Mr Justice Seán Ryan and Mr Justice Garrett Sheehan, dismissed the appeal, holding that the burden of proof for the partial defence of diminished responsibility lies with the defence and is the same as for the insanity defence, i.e., proof on the balance of probabilities.
The Court of Appeal has dismissed an appeal by Robert Mills, a 25-year-old from Lissadel Green, Drimnagh, Dublin 12, who had pleaded guilty to two charges of possession of a controlled drug with intent to supply in December 2015. The appeal challenged the trial judge's ruling that garda evidence of purchasing drugs from him was admissible, arguing the operation breached his Article 6 rights under the European Convention on Human Rights due to a lack of proper authorisation. Mr Justice Alan Mahon dismissed the claim, stating the operation was sanctioned by the Garda Commissioner and that Mills was provided with no more than an unexceptional opportunity to commit a crime, which he freely took. However, the judge described the failure of An Garda Síochána to implement a proper protocol for undercover drug operations as "unsatisfactory." He noted that Ireland lacks a formal system for authorising and supervising such operations, which are currently conducted with a degree of informality. Justice Mahon recommended that Ireland look to the British system, suggesting a Code of Practice possibly based on the UK model should be established to ensure greater formality, record-keeping, and dedicated recording of details to assist in court proceedings arising from undercover operations.
Jonathan Douglas, aged 30, was convicted of murder after shooting Aidan Bryne, 31, 10 times in Dublin on 20 February 2010. The jury found him guilty after an 11‑day trial and he received a mandatory life sentence on 23 July 2012. Douglas had been hired to kill Bryne, who was a front‑seat passenger in a Toyota Corolla driven by another man. Douglas waited for the car, walked up to it and fired 10 bullets into the passenger window, killing Bryne. The prosecution alleged Douglas had left a pub shortly before the shooting. In October the Court of Appeal heard Douglas's appeal, which centred on the admissibility of statements made by his step‑niece Stacey Douglas and her boyfriend Andrew Sheridan. The Court of Appeal, led by Justice Alan Mahon, dismissed all grounds of appeal, ruling that the judge had correctly admitted the evidence and that the jury had been properly directed. Jonathan Douglas pleaded not guilty.
Breifne O'Brien, 54, lost an appeal against a seven‑year jail sentence for a €8.5 million Ponzi scheme. He had pleaded guilty to 14 counts of deception and theft between 2003 and 2008 and was sentenced by Judge Patricia Ryan on 8 October 2014. O'Brien argued that the judge failed to consider mitigating factors such as his lack of prior convictions, his guilty plea, remorse, cooperation, loss of social standing and restitution efforts. Judge Garrett Sheehan dismissed the appeal, stating that adequate consideration had been given to these factors and that the seven‑year term was appropriate. The appeal was heard by Sheehan, George Birmingham and John Edwards. O'Brien made no reaction to the judgment. The case was noted as distinct from most other appeals before the Court of Appeal.
In Athlone, a 32‑year‑old man was sentenced to life imprisonment for raping a nine‑year‑old and a six‑year‑old girl in a flat on 28 September 2013. He had pleaded guilty at the Central Criminal Court and was given a life sentence by Mr Justice Paul Carney on 3 March 2014. The man appealed the sentence, arguing it was excessive. His barrister, Sean Gillane SC, acknowledged the "nightmarish aspects" of the case and noted the seriousness of abducting and raping two very young children. Mr Justice George Birmingham, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon, dismissed the appeal, concluding that the sentencing judge had not erred in imposing a discretionary life sentence. The appeal was rejected on 21 December 2015. The case remains a life‑sentence conviction for the offender.
Andrew Shannon, aged 50, was convicted of damaging Claude Monet's painting 'Argentuil Basin with a Single Sail Boat (1874)' at the National Gallery of Ireland on 29 June 2012. He had previously been found not guilty of damaging two paintings at the Shelbourne Hotel on 8 January 2014. In the National Gallery case, a jury found him guilty and Judge Martin Nolan sentenced him to six years' imprisonment, with the final 15 months suspended, on 4 December 2014. Shannon has now moved to appeal the conviction, arguing that the trial judge erred by failing to sever the indictment and by allowing the prosecution to merge the two separate incidents. His counsel, Michael Bowman SC, contended that the prosecution's strategy of linking the two cases compromised a fair trial. The Director of Public Prosecutions' counsel, Kerida Naidoo SC, countered that the jury was instructed to treat the cases separately and that evidence supported the conviction.
Brian Quinn, a psychiatric nurse aged 47, had been convicted in 2014 of seriously assaulting Lee Harte and assaulting Kurtis Lennon and James Toner Junior, and of producing a knife, after a 2011 incident at a neighbour's 18th‑birthday party. He was sentenced to eight years' imprisonment. Quinn claimed he acted in self‑defence, arguing that he was attacked by a drunken crowd and that any force he used was lawful. The Court of Appeal found that the trial judge had failed to give the jury clear directions on the two‑part test for self‑defence, particularly the subjective element of Quinn's belief and the objective element of reasonable grounds. The appeal was allowed, a retrial was ordered, and Quinn was remanded on bail pending the next hearing on January 28. No other charges were altered or new convictions imposed. Brian Quinn pleaded not guilty.
Businessman and anti-eviction activist Jerry Beades has launched a legal challenge in the Central Office of the High Court against the Government's decision to nominate Mr Justice Peter Kelly as the next President of the High Court. The applicant alleges that the judge is not suitable for the role. The action is directed against Ireland, the Attorney General, the Judicial Appointments Advisory Board, and the Minister for Justice and Equality, while Mr Justice Kelly is not a party to the proceedings. Beades seeks various High Court orders and declarations arising from the intended appointment. It remains unknown whether he will seek an injunction to prevent Mr Justice Kelly from assuming the position. Mr Justice Kelly, who previously presided over the Commercial Court before his appointment to the Court of Appeal, was nominated by the Government on Tuesday and is scheduled to formally take up the post early next week. He is due to succeed Mr Justice Nicholas Kearns, who will sit for the final time as a judge of the superior courts on Friday. The matter is currently at the appeal stage, and no finalisation, plea, finding, or sentence has been recorded for the applicant.
Kevin Mulcahy, a 57‑year‑old GP from Creggan, was jailed for two years after being found guilty of indecently assaulting a 15‑year‑old girl in 1989. He pleaded not guilty to the single charge. The conviction was reached after 39 minutes of jury deliberation in the Cork Circuit Criminal Court. On 25 November, Judge Seán Ó Donnabháin sentenced him. On 17 December, the Court of Appeal granted him bail pending an appeal, with conditions including signing in at a Cork Garda station three times a week. The appeal is scheduled for 9 February next year.
Thomas Mooney, aged 74, was sentenced by the Appeal Court to 14 months' imprisonment, with 11 months suspended, for indecently assaulting a boy between 1983 and 1985. The court found that the maximum sentence for indecent assault at the time was two years, not ten as previously thought. Mooney had pleaded not guilty at the Dublin Circuit Criminal Court, where he was found guilty after an eight‑day trial and originally sentenced to four years, two of which were suspended. He had been granted bail pending appeal. The judge noted that the victim was paid to visit Mooney's flat for sexual acts, which ceased when the victim entered an industrial school. Mooney had no prior convictions, was a bachelor with limited intellectual capacity, and his health was deteriorating, factors the court considered in reducing the custodial term. The appeal was heard by Mr Justice Alan Mahon, Mr Justice George Birmingham and Mr Justice Garrett Sheehan.
An Irishman, Eric Eoin Marques, 30, was ordered by the High Court to be extradited to the United States after the State sought to surrender him for charges of conspiring to distribute and advertise child pornography. Marques, who lives in Dublin, is alleged to own and administer the anonymous hosting site Freedom Hosting, which hosts over a hundred sites with violent child‑pornographic images. The extradition was delayed for at least 15 days to allow Marques to appeal the decision not to prosecute him in Ireland. Justice Aileen Donnelly rejected a judicial review application that argued Marques should be tried in Ireland, stating the Director of Public Prosecutions has no duty to give reasons for its decisions. Marques has both Irish and U.S. citizenship and is diagnosed with Asperger's syndrome, a fact raised by his counsel as a potential risk if extradited. The U.S. authorities claim they can provide appropriate care for him if he is extradited.
The Court of Appeal adjourned all matters concerning the appeals of Wayne and John Dundon against their convictions for threats and witness intimidation. Prosecutors, represented by Shane Costelloe SC, argued that the DPP was being "drip fed" information by the defendants and their lawyers regarding applications to add additional grounds of appeal. Mr Costelloe described the situation as "grossly unsatisfactory," noting that while appeals were lodged within time, proceedings had stalled due to the applicants' desire to introduce further grounds. The court had set a deadline of December 1 for Wayne Dundon to file a notice of motion, which he met, but his lawyers subsequently indicated that further submissions were forthcoming. The three-judge panel, including Mr Justice Garrett Sheehan, removed the appeals from the list for the scheduled hearing on December 17. The court also adjourned the matter of providing reasons for its June decision to uphold Wayne Dundon's six-year sentence, despite prosecutors' arguments that it was "unduly lenient." Wayne Dundon is currently serving a mandatory life sentence for the 2009 murder of Roy Collins, a charge to which he and co-accused Nathan Killeen pleaded not guilty before being found guilty by the Special Criminal Court. The court noted that difficulties were compounded by an intervening trial relevant to the appeal.
Michael O'Shea, 70, of Smithstown, Maynooth, had been convicted of careless driving causing the death of Kevin O'Sullivan at Graiguesallagh, Ladychapel, in January 2013. He had pleaded not guilty at Naas Circuit Criminal Court, was disqualified from driving for four years, fined €5,000 and ordered to retake a driver competency test. In December 2014 Judge Gerard Griffin directed the disqualification and fine. On 15 December 2015 the Court of Appeal, hearing the appeal, found that the trial judge had misdirected the jury by classifying the offence as one of strict liability. The Court of Appeal allowed the appeal and directed a retrial. The appeal was argued by Damien Colgan SC, who contended that the jury had not been properly instructed on the requirement of intention or recklessness for the offence of careless driving causing death.
Patrick Scanlon, a 55-year-old restaurateur with an address on the Channel Island of Jersey, successfully appealed his sentence at Limerick Circuit Criminal Court. He had previously pleaded not guilty to the possession and importation of cannabis worth €79,000 from Spain to a house in Pallaskenry, Co Limerick, on August 8, 2013. Following a three-week trial, a jury found him guilty, and Mr Justice Caroll Moran sentenced him to 15 years imprisonment on May 21, 2014. On appeal, a three-judge panel comprising Mr Justice Garrett Sheehan, Mr Justice Alan Mahon, and Mr Justice John Edwards reviewed the case. The court accepted submissions from Mr Michael O'Higgins SC that the original sentence was excessive given mitigating factors, including Scanlon's charitable works, such as running marathons in prison and raising funds for Chernobyl children. The court identified an error in principle regarding the sentencing judge's assessment. Consequently, the panel quashed the original 15-year sentence and imposed a reduced sentence of 11 years imprisonment. This decision reflects a four-year reduction based on the additional material submitted, which highlighted Scanlon's efforts to do good and his lack of status as a hardened criminal.
Darren Murphy, 38, of Passage West, Cork, was convicted of murdering Olivia Dunlea, a mother of three, in her Pembroke Crescent home on 17 February 2013, and of arson. He had pleaded not guilty to the murder but admitted killing her and setting the house on fire, claiming he did not want the children to find her. The Central Criminal Court jury found him guilty after four hours of deliberation and he received a mandatory life sentence on 29 May 2014. Murphy appealed on the basis that the trial judge's definition of provocation was incorrectly directed to the jury. The Court of Appeal allowed the appeal, remanded him in custody, and ordered a retrial. The Director of Public Prosecutions will seek a new trial. The case involved allegations that Dunlea had provoked Murphy by suggesting a former intimate would call, which he claimed enraged him.
A 58‑year‑old Dublin man, who had spent three days in jail for indecently assaulting his 11‑year‑old niece in 1977, had his two‑year sentence suspended on appeal. He pleaded guilty to four counts of indecent assault at the Dublin Circuit Criminal Court. The original sentence, imposed by Judge Patricia Ryan on 29 July 2013, was two years with the final 12 months suspended. After a successful appeal, the Court of Appeal left the two‑year term unchanged but suspended it. The judge noted the offender was 17 at the time of the offence, that the abuse occurred in the family home, and that the victim had reported the abuse to Gardaí between 1991 and 1993, though no formal complaint was made. The offender had admitted the wrongdoing, apologized in 2000, and had made full admissions at a Garda station. He was required to enter a €100 bond and remain of good behaviour for two years.
Jason Kavanagh, aged 41, was sentenced to 15 years' imprisonment in January 2014 for his role in a 2005 tiger kidnapping and robbery that involved the false imprisonment of a family at Ashcroft, Raheny, and the theft of €2.28 million in cash from Paul Richardson and Securicor Security Services Ireland Ltd. He and three co‑accused pleaded not guilty to the charges. The jury could not reach a verdict on two of the co‑accused and found a third not guilty. Kavanagh was due to appeal the severity of his sentence in the Court of Appeal, but Judge George Birmingham postponed the hearing, citing difficulties with the court's constitution. The judge advised Kavanagh's barrister that the court had "full powers" to consider the appeal. The case was rescheduled for a later date. Kavanagh had previously served 25 years from a 2009 conviction that was quashed by the Court of Criminal Appeal in 2012.
The Court of Criminal Appeal adjourned the hearing of Perry Wharrie, a 56‑year‑old Englishman from Loughton, Essex, whose appeal against a 30‑year prison sentence for his role in the €440 million drug seizure at Dunlough Bay in 2007 was set to be heard. The appeal was delayed because the prison escort from Portlaoise Prison failed to arrive at the court on time. Wharrie had pleaded not guilty to possession of drugs for sale or supply, was found guilty by a Cork Circuit Criminal Court jury, and was sentenced to 30 years by Judge Seán Ó Donnabháin on 23 July 2008. The Court of Criminal Appeal, comprising Justices McMenamin, Moriarty and Hunt, noted the escort's failure as "not very satisfactory" and adjourned the case to 11 January 2016. The court also remarked that Wharrie had previously been late at a hearing and that prison authorities had been specifically requested to prevent a repeat.
Anthony Buck, aged 41, was convicted of murdering David Nugent in Tipperary on 8 July 1996 and received a mandatory life sentence on 2 February 1998. He appealed to the Court of Appeal seeking to have his conviction quashed on the basis that new facts had emerged following the Supreme Court's Gormley and White decision, which concerned access to a solicitor during Garda interviews. Buck's counsel argued that the decision should allow a miscarriage of justice claim under the Criminal Procedure Act 1992. The Court of Appeal, comprising Justices Birmingham, Sheehan and Mahon, dismissed the application. Justice Birmingham noted that Buck's case differed materially from Gormley and White, that no newly discovered fact existed, and that the appeal lacked substance. The Director of Public Prosecutions' motion to dismiss was also upheld. The conviction remains in force. Anthony Buck pleaded not guilty.
In 2015 the Court of Appeal ruled that a man who had been abused as a child at St Gabriel's Hospital in Cabinteely could not have his compensation claim reconsidered by the Residential Institutions Redress Board. The man, transferred from the National Children's Hospital, was subjected to confinement, force‑feeding, sedation and was hung upside down by nurses while being held out a window and swung like a pendulum. He had originally received €6,000, which the Review Committee increased to €34,000. He appealed to the High Court, which remitted the case back to the Board, but the Review Committee appealed on the basis that St Gabriel's was not a scheduled institution. The Court of Appeal upheld the committee's appeal, confirming the €34,000 award and stating the man fell outside the scheme because the institution was private and not subject to state inspection.
Bryan Ryan, aged 31, originally from Blanchardstown but with an address in Louisburgh, County Mayo, is serving a life sentence for the murder of Ian Tobin in May 2007. Ryan was convicted by majority verdict at the Central Criminal Court in 2013 after initially being convicted in 2008, a conviction later quashed. He pleaded not guilty to the charge. At the Court of Appeal on Thursday, Ryan's counsel argued that gardaí pursued an agenda to secure a confession by improper means, including misrepresenting the law on manslaughter and overstating evidence. Counsel submitted the confession was unreliable, particularly as Ryan confessed to burning motorcycle parts and clothing that forensic evidence did not support. The defence further contended that alleged constitutional breaches during interviews could not be remedied by a brief conversation with his solicitor. The Director of Public Prosecutions' counsel maintained the core evidence came from a protected witness and that the confession was properly obtained. The Court of Appeal reserved judgment.
In 2013, a 53‑year‑old Dublin man was convicted of eight counts of unlawful sexual intercourse with his mentally impaired female cousin, receiving a five‑year sentence on each count to run concurrently. He pleaded not guilty but admitted a sexual relationship, claiming ignorance of her impairment. After an unsuccessful appeal in 2014, he was released on bail and later voluntarily returned to custody. On 10 December 2015, the Court of Appeal re‑sentenced him to three years imprisonment, with the final 18 months suspended, and backdated the sentence eight months to account for time served. He was required to post a €100 bond and comply with the sex‑offender register. The appeal focused on the trial judge's treatment of the victim's mental impairment as an aggravating factor and the manner of her evidence, which the appellate judges found insufficiently considered. No further convictions or outcomes are mentioned in the article.
The High Court will decide later whether to allow a GAA coach to challenge a 2013 finding by the Child and Family Agency (CFA) that he poses a risk to children. The coach, who cannot be named for legal reasons, denies allegations that he sexually abused a girl aged six to sixteen and has appealed the CFA's finding. He has stopped coaching minors voluntarily and argues the investigation was fundamentally flawed, citing that a social worker did not interview the complainant and that the CFA failed to disclose full information. The coach seeks to have the CFA's finding quashed and to halt further investigation into the complaints. The CFA maintains that the appeal should proceed and that it would inform relevant third parties of a risk finding even after an appeal. Judge Richard Humphreys has reserved his decision on the application.
In 2015, Breffni O'Rourke, a 67‑year‑old music teacher, appealed a 2012 conviction for indecent assault of a nine‑year‑old girl in 1987. He had been found guilty by a jury and sentenced to two years' imprisonment, with the final 12 months suspended. O'Rourke's barrister, Colman Cody SC, argued that the jury should have been discharged because of prejudicial evidence from the complainant's twin sister. She claimed O'Rourke was 'friendly' and had a 'habit of tickling us', and that he would put his hands under clothes and feel skin. Cody said this testimony was not probative and was highly prejudicial, and that it went beyond mere tickling. He also contended that the defence was denied access to notes from an English teacher that might have clarified the complainant's earlier statements. The Director of Public Prosecutions maintained that the witness's remarks were not prejudicial, and the Court of Appeal would reserve judgment. Breffni O'Rourke pleaded not guilty.
A GAA player from Castlebar, County Mayo, has been released from prison following a successful appeal against his sentence for assault. Michael Prendergast pleaded guilty to causing harm to an opponent during a football match between Bohola Moy Davitt's and Davitt's GAA Club at Ballindine in September 2013. He was originally sentenced to two years imprisonment, with the final twelve months suspended. The Court of Appeal found that the sentencing judge had erred in principle by relying primarily on the injured party's account rather than the referee's match report when determining the context of the assault. The appeal court quashed the original sentence and imposed twelve months imprisonment instead, with the balance suspended on condition of one hundred hours community service. The court noted mitigating factors and character references submitted on Prendergast's behalf.
A GAA coach has brought a High Court appeal challenging a 2013 finding by the Child and Family Agency (CFA) that he poses a risk to children. The appellant, who cannot be identified for legal reasons, denies the alleged sexual abuse of a girl between 1979 and 1989, when she was aged between 6 and 16. Counsel stated that no prosecution was brought arising from the complaint, which was investigated by a social worker. The CFA subsequently made a finding that the man is a risk to children and that third parties should be informed. The appellant argues the investigation was fundamentally flawed, noting the social worker never interviewed the complainant and that full disclosure was not provided. He seeks orders quashing the 2013 finding and preventing further investigation. During the ex-parte application before Mr Justice Richard Humphreys, the judge remarked it was "a bit odd" that the man remained coaching youngsters after the finding. The appellant gave an undertaking to cease coaching until the proceedings are heard. The application for permission to bring the challenge was adjourned to a date later this month, when it is to be heard in the presence of lawyers for the CFA.
A man from Buncrana, Co Donegal, has had his sentence doubled following a Court of Appeal finding that his original jail term was unduly lenient. Shaun Kelly, aged 27, had pleaded guilty at Letterkenny Circuit Criminal Court to dangerous driving causing the deaths of eight men on a road between Clonmany and Buncrana on 11 July 2010. He was originally sentenced to four years imprisonment with the final two suspended. The Court of Appeal set aside this sentence and re-sentenced Kelly to eight years imprisonment with the final four suspended. Mr Justice George Birmingham described the incident as the worst road traffic accident in the history of the State. The judge noted Kelly's high culpability, the multiple fatalities, and his previous conviction for dangerous driving, whilst acknowledging mitigating factors including his youth, guilty plea, and the extraordinary generosity shown by victims' families. Kelly was also disqualified from driving for ten years.
In December 2015, Magnus Meyer Hustveit, a 25‑year‑old Norwegian, pleaded guilty to rape and sexual assault of his 28‑year‑old girlfriend between 2011 and 2012. The Central Criminal Court sentenced him to a wholly suspended seven‑year term on 13 July 2015. The Director of Public Prosecutions has requested a review, arguing the sentence was unduly lenient. The Court of Appeal set 4 February for a hearing on the appeal, though Hustveit was not present for the procedural matter.
The Court of Appeal in Letterkenny is reconsidering the sentence imposed on a Buncrana man convicted of dangerous driving that caused eight deaths on a Donegal road in July 2010. Shaun Kelly, aged 27, had pleaded guilty at Letterkenny Circuit Criminal Court to the fatal collision between Clonmany and Buncrana. He received four years imprisonment with the final two years suspended, plus a ten-year driving disqualification. The Director of Public Prosecutions successfully challenged the sentence as unduly lenient, citing it as the most serious fatal collision and dangerous driving case in the State's history. The Court of Appeal agreed and commenced re-sentencing proceedings. During proceedings, the court received impact statements from three victims' families. Mr Justice George Birmingham stressed that while victim submissions warrant consideration, they cannot determine sentencing, which remains a matter of public prosecution by the State. The court indicated it would deliver its re-sentencing decision on the same day.
Ali Damache, an Algerian-born Irish citizen, is appealing a sentence he has already served for sending a menacing phone call to US Muslim activist Majed Moughni in January 2010. At Waterford Circuit Criminal Court, Damache initially pleaded not guilty but changed his plea to guilty on the sixth day of his trial. On February 27, 2013, Judge Donagh McDonagh sentenced him to four years' imprisonment, with the final 12 months suspended. During case management procedures in the Court of Appeal, his barrister, Mark Lynam BL, informed the court that although the sentence had been fully served, Damache wished to proceed with the appeal. Mr Justice George Birmingham granted Mr Lynam until the end of the term to file submissions. Damache was not present for this procedural matter. The report notes that there are ongoing proceedings regarding other matters involving Damache, including an appeal to the Court of Appeal against a High Court refusal to order his surrender to US authorities in July. Additionally, it was previously heard that Damache was arrested by gardaí in Waterford Courthouse in March 2013 on a High Court warrant shortly after pleading guilty to the menacing call charge.
Gary Byrne, 42, of Belcamp Gardens, Coolock, was sentenced in 2015 to 12 years' imprisonment for possessing €2.5 million worth of cannabis for sale or supply at two lock‑ups in Rosemount Business Park, Ballycoolin and North West Business Centre, Blanchardstown. The final three years of that sentence were suspended, leaving an operative term of nine years. Byrne appealed on the basis that mitigating factors had not been considered. The Court of Appeal re‑sentenced him to 12 years with the final four‑and‑a‑half years suspended, reducing the net jail term to seven‑and‑a‑half years. He was required to post a €100 bond to keep the peace and be of good behaviour while in custody and for three years after release. The appeal was granted on the grounds that Byrne's homelessness, depression, suicidal ideation and drug addiction were not adequately weighed in the original sentencing. Gary Byrne pleaded guilty.
In 2010, Davinn Flynn, 42, set fire to the Nirvana head shop on Capel Street, Dublin, causing €1 million in damage and closing the street for three days. He pleaded guilty in 2015 and was sentenced to six years' imprisonment. On appeal, the Court of Appeal re‑sentenced him to seven years, suspending the final two years. The court noted that Flynn and another man started the fire with an accelerant, that CCTV showed Flynn entering the shop's rear, and that the blaze spread to a sex shop and another similar premises. Flynn had 65 prior convictions, including robbery, theft and public order offences. The appeal was based on the original judge's failure to address Flynn's potential for rehabilitation, which the appellate judges found an error in principle. The final sentence therefore remains seven years, with two years suspended.
The High Court has dismissed an application by Edel Grace, Grouse Hall Milestone, and Peter Sweetman to refer a planning dispute to the Courts of Justice of the European Union. The applicants, who challenged An Bord Pleanála's decision to grant planning permission for a 16-turbine windfarm at Keeper Hill in County Tipperary, also sought leave to appeal to the Court of Appeal. They alleged the permission breached the EU Habitats Directive and the Environment Impact Assessment Directive, claiming the development would destroy hen harrier habitat and detract from protected views. Mr Justice Raymond Fullam had previously rejected these claims in an October judgment, dismissing the action against the Board. In his ruling on the appeal application, Mr Justice Fullam refused leave to appeal, stating that no issue of exceptional public interest requiring clarification by the Court of Appeal was raised. He further ruled that the court lacked jurisdiction to refer questions of law to the EU courts after judgment had been delivered, noting Supreme Court precedent that such referrals must occur before judgment. The applicants had sought to quash the ten-year permission granted to ESB Wind Development and Coillte. The Department of Arts, Heritage and the Gaeltacht and ESB Wind Development Ltd were notice parties. The High Court determined that under the 2000 Planning and Development Act, its decision is final unless exceptional public interest issues are present, which it found were not.
Paul Norton, 27, of Cromcastle Court, Kilmore, lost an appeal against a seven‑year prison sentence and a lifetime driving ban for his role as getaway driver in a failed cash van robbery at the Northside Shopping Centre on 6 June 2012. He pleaded guilty at Dublin Circuit Criminal Court. The judge, Mr Justice Patrick McCartan, suspended the final two years of the sentence and imposed a life disqualification from driving, noting Norton had been disqualified 11 times before. Mr Justice John Edwards, speaking for the Court of Appeal, described how Norton fled from security after a robbery attempt, drove at high speed, ran a red light, and was thrown from his bike when avoiding a JCB. He had 80 prior convictions, including similar offences, and had been shot and involved in a traffic accident on earlier trial dates. The appeal was dismissed, and the court confirmed the sentence and driving ban.
A 29‑year‑old father‑of‑two who had sex with a 16‑year‑old girl he met on Facebook was sentenced to three years' imprisonment, with the final 12 months suspended, by Judge Desmond Hogan on 27 March 2015. He pleaded guilty to two counts of defilement of a child at two Dublin locations on 22 January and 4 February 2013. The man appealed and the Court of Appeal set aside the original sentence. Judge Alan Mahon imposed a new 12‑month custodial sentence, suspending the unserved portion for two years. The man was required to post a €100 bond and keep the peace for that period. The girl was 16 years and nine months old at the time of the offences, and the man was 27. No aggravating factors were identified, and the judge noted the absence of violence, pregnancy or STDs. The appeal was heard by Judges Mahon, Birmingham and Edwards.
A jury at the Central Criminal Court unanimously found Stephen Cahoon guilty of murder on 3 December following his third trial over six years. Cahoon, aged 43, from Derry, was convicted of strangling his pregnant ex-girlfriend Jean Teresa Quigley at Cornshell Fields in Derry on 26 July 2008. Ms Quigley, aged 30 and ten weeks pregnant with Cahoon's child, was discovered dead at her home by her mother. Cahoon had admitted killing Ms Quigley but denied murder, claiming loss of self-control. The prosecution presented evidence of forced entry, defensive injuries, and bruising inconsistent with Cahoon's account. The jury deliberated for three hours and forty-three minutes before reaching their verdict. Justice Deirdre Murphy sentenced Cahoon to life imprisonment, backdated to his arrest on 5 August 2008. This conviction follows a previous guilty verdict in 2012, which was quashed on appeal due to judicial misdirection regarding provocation. Cahoon became the first person tried in the Republic under the Criminal Law Jurisdiction Act 1976 for a murder committed in Northern Ireland.
Keith Hall, aged 26, was sentenced to 20 years' imprisonment for the manslaughter of 16‑year‑old Melanie McCarthy McNamara, who was shot in a car in Tallaght on 8 February 2012. Hall pleaded not guilty to murder but guilty to manslaughter, and the Director of Public Prosecutions accepted the plea. He was convicted by Mr Justice Paul Carney on 31 July 2013. Hall has now applied to appeal the sentence, arguing that the judge gave insufficient weight to mitigating factors such as his admissions, remorse, young age and guilty plea. His barrister, Caroline Biggs SC, contended that the judge's remarks did not clarify any discount applied and that Hall's intoxication with crack cocaine and benzodiazepines on the day of the offence should have been considered. The DPP's counsel, Brendan Grehan SC, noted that the judge had indicated the sentence was on the higher end of the manslaughter scale, between a life sentence and the maximum 20‑year term.
The Court of Appeal has reserved judgement in the case of a man convicted of murder in connection with a dissident republican shooting in Donegal. Martin Kelly, aged 41, from Strabane, County Tyrone, was found guilty by the Special Criminal Court of the murder of Andrew Burns at Donnyloop, Castlefin on 12 February 2008, and received a mandatory life sentence in January 2012. Mr Burns was shot twice in the back in a church car park. Kelly's appeal centres on the legal doctrine of joint enterprise. His counsel argued that while Kelly agreed to drive Mr Burns to the location for a planned kneecapping, he was unaware the actual intention was a deliberate execution. The Director of Public Prosecutions' counsel contended that Kelly knowingly delivered Mr Burns to be shot and must have foreseen the grave risk of death. The court noted that UK authorities are examining murder convictions based on joint enterprise doctrine, and indicated this may inform its consideration. Martin Kelly pleaded not guilty.
Gary Campion, aged 31, had two life sentences for separate murders. He appealed both convictions. The Court of Appeal dismissed his appeal for the murder of Brian Fitzgerald and confirmed his conviction for the murder of Frank Ryan. Campion denied involvement in both killings. The appeal focused on the admissibility of witness statements by Mr Errol Ibrahim, who was present at the scene and later retracted his statements. The Court of Appeal upheld the trial judge's decision to admit Ibrahim's statements under section 16 of the Criminal Procedure Act 2006. The court also considered other evidence, including pathology and ballistic evidence, and rejected all arguments presented by Campion's lawyers. The conviction for Frank Ryan's murder was therefore confirmed by the Court of Appeal.
A Dublin Circuit Criminal Court judge has permitted the removal of an unnamed 48-year-old man's name from the Sex Offenders' Register. Judge Martin Nolan stated that the Probation and Welfare Services deemed the appellant to be at low risk of re-offending. The man was originally jailed in March 1998 for three sex assaults, a sentence that was later reduced from four years to two and a half years on appeal. He was released in May 2002 and has maintained a conviction-free record since, having completed rehabilitation courses and complied with all requirements of the Sex Offenders Act. Defense counsel Luigi Rea BL submitted that the 1998 incident involved the touching of three 17-year-old male victims at a house party where alcohol was consumed. A garda inspector expressed concern regarding the drink-related nature of the original offense. Judge Nolan noted he could not impose conditions upon the removal of the name but advised the man to address any alcohol issues. The court ordered that the man's name be removed from the register effective immediately, subject to a four-week stay to allow the Director of Public Prosecutions the opportunity to appeal the decision.
In a Dublin Circuit Criminal Court case, a 49‑year‑old Clare man was sentenced to three years' imprisonment for sexually assaulting an eight‑year‑old girl during a sleep‑over at his home on 11 November 2005. The court found that he had grabbed the child while she was separated from other children and sexually molested her, then denied the charge. He had previously been convicted of abusing a female relative, for which he was already serving a 15‑year term, and had 41 prior convictions including sexual assault and rape. The judge, Patricia Ryan, imposed the three‑year sentence to run concurrently with his existing sentence. The defendant, represented by Keith Spencer BL, did not accept the jury's verdict and intends to appeal. The victim, in a court‑read impact report, expressed relief at being able to move past the incident.
The appeal of a case involving an unnamed man, who was initially sentenced to six months in prison and ordered to pay €75,000 in compensation by Judge Desmond Hogan, has been addressed by the Court of Criminal Appeal. The Director of Public Prosecutions appealed the sentence, arguing it was unduly lenient. In July 2014, the Court of Criminal Appeal found the original sentence by Judge Hogan to be unduly lenient and imposed an additional 18 months. The matter was adjourned and never described as concluded or finalised. Judge Desmond Hogan, who is from Athlone, retired today after 15 years on the bench, most of it spent sitting in the Dublin Circuit Criminal Court. His retirement comes after a career that included handling high-profile cases, such as that of Anthony Lyons, a sex offender who assaulted a young woman in Dublin. Judge Hogan's tenure was marked by his characteristic good humour and commitment to the justice system, which he described as 'manifestly fair'.
The Court of Appeal has reserved judgment on Brian Meehan's appeal to have his 1999 conviction for the murder of journalist Veronica Guerin declared a miscarriage of justice. Meehan, 47, is serving a life sentence in Portlaoise prison after a 31‑day trial by the Special Criminal Court in July 1999. His appeal is based on new evidence that emerged during the 2001 Special Criminal Court trial of John Gilligan, who was acquitted of Guerin's murder. The new evidence concerns the identification parade of Russell Warren, the "admitted accomplice" and protected witness, who was not identified by Ms Marion Finnegan, a witness who saw someone on the steps of Naas courthouse on the day of the shooting. Meehan's counsel, Hugh Hartnett SC, argues that this failure to identify Warren was unknown to the defence, the court and the prosecution, and therefore constitutes a new fact.
Brian Meehan, 47, serving a life sentence in Portlaoise prison for the 1996 murder of journalist Veronica Guerin, has applied to the Court of Appeal to quash his 1999 conviction on the basis of new evidence. The new evidence concerns facts that emerged during the 2001 Special Criminal Court trial of John Gilligan, who was acquitted of Guerin's murder. Meehan's counsel, Hugh Hartnett SC, argued that the Special Criminal Court had relied solely on the testimony of an "admitted accomplice" and protected witness, Russell Warren, whose credibility was later undermined by a failure to identify him on an identification parade involving witness Marian Finnegan. Hartnett contended that this new fact, unknown to the defence and the court at the time of Meehan's trial, should invalidate the conviction. The Director of Public Prosecutions, Thomas O'Connell SC, opposed the application, asserting that the material was already available to Meehan's lawyers and that the appeal should be dismissed.
Sean Casey, 27, of Cooragannive, Skibbereen, was convicted of dangerous driving that caused the death of Megan Johnston, 22, and serious bodily harm to Kate Petford, 24, in a 2013 crash. He was originally sentenced to seven years' imprisonment and a 30‑year driving disqualification. In July 2015 the Court of Appeal found the sentence too severe and reduced it to five years, suspending the final twelve months. The disqualification remained. The Court considered victim impact reports from the Petfords and the Johnsons, a psychologist's report on Casey's mental state, and the principle of proportionality. The final sentence was five years' imprisonment with the last year suspended, and a 30‑year driving ban that will continue to affect Casey's rehabilitation. The decision was made after a successful appeal and a hearing in the Cork Circuit Criminal Court. The case remains a record of the Court's approach to dangerous driving convictions. Sean Casey pleaded guilty.
Breifne O'Brien, 54, has lodged an appeal against a seven‑year prison sentence imposed on 8 October 2014 for 14 counts of deception that yielded about €8.5 million between 2003 and 2008. The appeal argues that Judge Patricia Ryan did not adequately consider mitigating factors such as O'Brien's lack of prior convictions, his guilty plea, remorse, cooperation, family circumstances and loss of social standing. Counsel Patrick McGrath SC also cited the negative publicity that turned O'Brien into a "social pariah" and the "Irish Bernie Madoff" label, claiming this public humiliation should have influenced sentencing. He further highlighted O'Brien's restitution efforts, including a €420,000 return and attempts to repay larger sums, and the lack of reference to these in the judge's remarks. The Director of Public Prosecutions, Kerida Naidoo SC, acknowledged the restitution but noted no further repayments were made. Judge George Birmingham, with Justices Garrett Sheehan and John Edwards, will reserve judgment and deliver a decision soon.
A man sentenced to two years imprisonment following his guilty plea to dangerous driving that caused eight deaths in County Donegal in 2010 will face resentencing after the Court of Appeal found his original sentence unduly lenient. Shaun Kelly, aged 27 and from Buncrana, received a four-year term with the final two years suspended by a Circuit Court judge in Letterkenny. The Director of Public Prosecutions successfully challenged the sentence, with the Court of Appeal determining that the suspended portion and overall reduction from an appropriate starting point of seven years constituted an error in principle. The collision occurred on a road between Clonmany and Buncrana on 11 July 2010, when Kelly's vehicle, carrying seven passengers and travelling at high speed without seatbelts fastened, struck another car head-on. The court noted Kelly's previous conviction for dangerous driving and described the incident as involving sustained dangerous driving of exceptional gravity. Kelly is scheduled for resentencing on 7 December.
In 2013, a 32‑year‑old man lured a nine‑year‑old and a six‑year‑old girl from a children's birthday party in Athlone, threatened to cut their parents' throats, and repeatedly raped them in a flat. He pleaded guilty at the Central Criminal Court and was sentenced to two life sentences by Mr Justice Paul Carney on 3 March 2014. On 14 November 2015 he moved to appeal the life sentences, arguing they were excessive. His barrister, Sean Gillane SC, acknowledged the "nightmarish aspects" of the case and noted the man's full admissions and early plea. The appeal was filed on the basis that the single set of offences might be viewed differently, but the court was instructed to reserve judgment and deliberate further. The appeal remains pending.
Anthony Atkinson, a 49‑year‑old UK national from Queensbury, Bradford, pleaded guilty to possessing €155,000 worth of cocaine for sale or supply at Dublin Port on 31 October 2014. He was originally sentenced to 10 years' imprisonment, with the final three years suspended. On appeal, the Court of Appeal re‑sentenced him to 10 years' imprisonment, suspending the final four‑and‑a‑half years. The court noted that the drugs were concealed in a door panel of a vehicle stopped by customs officers, and that Atkinson admitted transporting them to settle a drug debt. He had 42 prior convictions, mainly for small drug offences, and had struggled with drug addiction since 1992. The judge cited his early plea, admissions to Gardaí, treatment efforts, and his status as a foreign national as mitigating factors. The final suspended term was four‑and‑a‑half years, leaving a 10‑year custodial term.
Brian Quinn, aged 47, was convicted in 2014 of seriously assaulting Lee Harte and assaulting Kurtis Lennon and James Toner Junior, and of producing a knife, after a series of stabbings at a birthday party on 9 October 2011. He was sentenced to eight years' imprisonment by Judge Carmel Stewart. Quinn has now filed an appeal, arguing that the trial judge's directions to the jury on the law of self‑defence were inconsistent. His counsel, Giollaíosa Ó Lideadha, SC, contended that the judge first instructed the jury that an honest belief in the necessity of force was required, then later told them to decide whether the type and amount of force used was reasonable, thereby mixing subjective and objective elements. The Court of Appeal, presided over by Justices Garrett Sheehan, Alan Mahon and John Edwards, has reserved judgment pending further consideration. The appeal concerns only the conviction, not the sentence. Brian Quinn pleaded not guilty.