Karl Donohoe, 33, of Ringsend, pleaded guilty to the manslaughter of Ray Bates, 49, at a junction in Sandymount on 26 September 2010. The original 12‑year sentence, with the last two years suspended, was deemed too severe by the Court of Appeal. The appeal court, led by Justice Seán Ryan, found that the circumstances—both men driving in the same direction, a brief altercation after a traffic light, and Donohoe's use of a hurley to strike Bates—did not justify a "category of gravity" warranting the full term. The court reduced the sentence to ten years, suspending the final two years, and imposed a €1,000 bond for good behaviour during the suspended period. The decision was based solely on the facts presented in the trial and the appellate judges' assessment of mitigating factors. The summary reflects the procedural outcome as stated in the article.
In 2010, Douglas Ward, 38, of Louth, killed 18‑year‑old Niall Dorr in a prolonged assault on Castle Road, Dundalk. Ward pleaded guilty to manslaughter and was originally sentenced to 16 years' imprisonment, with three years suspended, by Mr Justice Paul Carney in 2012. The Court of Appeal, led by Mr Justice Seán Ryan, found the sentence excessive, citing Ward's lack of pre‑meditation, no serious prior convictions, and his efforts to address alcohol and drug problems. The appeal court reduced the sentence to 13 years' imprisonment, again with three years suspended. The decision was based on the violent nature of the attack, the severity of injuries, and the absence of provocation or prior conflict involving Dorr. Ward expressed remorse for the killing. The case remains a manslaughter conviction with a reduced custodial term.
Con Desmond, a former priest and school principal aged 79, was convicted of 13 counts of indecent assault on a boy at St Stephen's De La Salle National School in Waterford between 1978 and June 1980. He pleaded not guilty but a jury found him guilty and Judge Donagh McDonagh sentenced him to two years' imprisonment on each count, to run concurrently, on 19 February 2013. Desmond appealed on grounds of delay and conflicting evidence, but the Court of Appeal rejected the appeal. The court noted the first incident occurred in January 1978 when the boy, aged eight, was wet from cycling to school and was taken to Desmond's office by Brother Aengus. Desmond sexually abused the boy then, and the victim reported similar abuse on subsequent Saturdays. The appeal was dismissed after the court considered the evidence, the delay, and the absence of Brother Aengus, who had died years earlier.
Patrick O'Brien, aged 75, was convicted of 16 counts of rape and indecent assault against his daughter Fiona Doyle between 1973 and 1982. The Central Criminal Court sentenced him to 12 years' imprisonment, suspending nine years, and granted bail pending appeal. The Court of Appeal later ruled the sentence unduly lenient, stating that ill or elderly defendants are not exempt from prison. O'Brien's health conditions—arthritis, heart disease, lung problems, and other ailments—were considered, but the court noted that prison care could match community care. The appeal will decide a new sentence while O'Brien remains in custody. The case highlights the court's stance that serious health issues do not preclude custodial punishment for severe offences. The unnamed 75-year-old pleaded guilty.
In a 2015 Court of Appeal decision, Edward Rooney, 65, and Des Ryan, 55, were sentenced to three years' imprisonment for possessing €1.2 million worth of drugs. The appeal followed a 2013 conviction where both men received 10‑year suspended sentences for holding 4.5 kg of heroin and 227 g of cocaine. The Court of Appeal found the original suspended terms too lenient after a successful appeal by the Director of Public Prosecutions. The court noted the men's financial pressure and the serious nature of the drugs, and applied a maximum mitigation to reduce the sentence to three years. The men were arrested after a Garda surveillance operation in Finglas, where a black hold‑all bag containing nine plastic bags of heroin and a bag of cocaine was recovered. The case highlighted the Court's willingness to impose imprisonment when the offence was serious and the value of the drugs substantial. The unnamed man pleaded guilty.
Ruth Barry, 36, of Moy Elta Road, Dublin 3, was convicted in 2012 of cutting journalist Jennifer Bray's face, using a blade, robbery, and assaulting two of Bray's companions on O'Connell Street on 25 June 2010. Barry was sentenced to seven years' imprisonment, with 18 months suspended. She and boyfriend Jonathon O'Brien followed Bray, her companion Sarah Furlong, and Neil Callanan to a taxi; Barry punched Bray, head‑butted Furlong, and bit Callanan. Bray testified she felt a cold object and heard a click before slumping. Barry's counsel argued that a witness, Jakub Gajda, who allegedly saw O'Brien take something from behind his back, was unavailable and that the trial judge had accepted his statement as evidence. The Court of Appeal has been asked to grant a retrial, with the appeal pending a decision date.
James Maher, 71, of Clonroad Beg, Ennis, was convicted of 18 counts of indecent assault on two boys between 1982 and 1985. He pleaded guilty and was sentenced on 14 January 2013 to two years imprisonment on each count, with the sentences running concurrently, by Judge Carroll Moran at Ennis Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that Judge Moran was misinformed about the maximum penalty, which counsel said could have been up to ten years per count. The appeal contends that the concurrent sentences were incorrect and that the judge's sentencing scale was wrong. The Court of Appeal will decide on 10 February whether to increase Maher's sentence. The case highlights the legislative history of indecent assault penalties and the 2007 clarification that the maximum for a male victim cannot exceed that for a female victim. The appeal is pending.
A man convicted of murdering his pregnant ex-girlfriend is awaiting the outcome of his appeal against conviction in the Court of Appeal. Stephen Cahoon, originally from County Derry, was found guilty of strangling Jean Teresa Quigley at her home in Derry in July 2008. She was ten weeks pregnant at the time. A jury unanimously convicted him of murder in April 2012, and he received a life sentence. His appeal, heard today, centred on whether the trial judge misdirected the jury regarding the defence of provocation. Cahoon's counsel argued the judge conflated provocation with insanity by suggesting a person cannot form criminal intent when provoked. The Director of Public Prosecutions' counsel contended the trial judge's direction was correct and characterised the case as a straightforward provocation matter. The Court of Appeal indicated it would reserve its decision. Cahoon was arrested in Donegal Town ten days after the killing.
Patrick Barry, 80, former principal of Moyasta National School, was denied bail while appealing his conviction for indecent assault. Barry faced 67 charges for assaulting 11 pupils between 1964 and 1985. A jury found him guilty on 59 counts; he was acquitted on eight. Judge Gerald Keyes sentenced him to 11 years, suspending the last five. The Court of Appeal, led by Mr Justice Seán Ryan, declined bail, noting no new legal point was raised, but set an appeal hearing for February 23. Barry was ordered to be identified on the foot of victim requests, which the victims declined. Patrick Barry pleaded not guilty.
In a case heard by the Court of Appeal, a 25‑year‑old Connaught man who had pleaded guilty to two counts of buggery of mentally impaired brothers was given a reduced sentence. The original eight‑year term, with the final two years suspended, was set aside because the sentencing judge had not properly considered the offender's age at the time of the offences and his lack of relevant prior convictions. The Court of Appeal imposed a new six‑year sentence, with the final two years suspended, for each offence to run concurrently. The offender, who had been between 17 and 19 when the crimes occurred, was required to enter a €100 bond, keep the peace, be of good behaviour for two years and have no contact with the victims. The Court noted the offender's remorse and the early guilty plea as mitigating factors.
Michael Byrne, a 77‑year‑old former secondary school teacher from Rosewell, Templerainey, Arklow, pleaded guilty to four counts of indecent assault on a boy aged 11 to 15 between 1975 and 1978. He was sentenced to eight years' imprisonment, with the final four years suspended, by Judge Michael O'Shea at Wicklow Circuit Criminal Court on 10 April 2014. The Court of Appeal rejected Byrne's application to review the sentence. The appeal panel, chaired by Mr Justice Seán Ryan, noted that Byrne's offences involved calculated grooming, repeated touching, groping, and the accused masturbating the boy, exploiting the boy's medical condition to obtain sperm samples. The judge described the conduct as cold, calculated, pre‑meditated and that of a predator. The Court of Appeal found no error in principle and upheld the eight‑year term, with the suspended portion remaining in place. Cormac Walsh, the victim, expressed delight at the decision. The case remains at the sentencing stage.
John English, 38, was released from prison after a Court of Appeal decision that the activation of his five‑year suspended sentence for breaching bail conditions was disproportionate. English had been sentenced in 2004 to 18 years for raping an Australian tourist, with five years suspended on the condition he abstain from alcohol. After serving 13 years, he was released in September 2012, but was found drinking and the suspended period was re‑activated by the Central Criminal Court. He appealed, and Judge Michael Peart, joined by Justices Garrett Sheehan and Alan Mahon, set aside the activation order. English was released on a new €100 bond, required to keep the peace, behave well for the remainder of the suspended period, and engage with probation and welfare services. The Court noted his prior convictions for sexual assault, false imprisonment and assault causing harm dating back to 1993.
Paul McMenamy, aged 31, of Killinarden, Tallaght, was found guilty of assault causing serious harm to his girlfriend Nicola Murray on 5 February 2012. He had originally been sentenced to six years' imprisonment, with the final year suspended, by Judge Mary Ellen Ring on 12 December 2013. The Court of Appeal, led by Mr Justice Seán Ryan, deemed the sentence too lenient, citing McMenamy's prior convictions for similar offences and his disregard for Ms Murray's health after the attack. The appeal court increased the sentence to ten years, suspending the final two years. McMenamy was required to pay a €200 bond, remain of good behaviour, and be supervised by the probation service for the suspended portion. He was returned to prison to serve the remainder of his sentence.
In 2010, Gerard Brett, aged 68, was found guilty of dangerous driving that caused the death of Benedict Brady, 87, on Portrane Road, Dublin. He was sentenced in 2012 to two years' imprisonment. On appeal in 2014, the Court of Appeal suspended the remaining 18 months of his sentence, citing his serious kidney condition requiring dialysis three times a week and his previously unblemished character as a psychiatric nurse. The court noted that Brett had driven while intoxicated, weaving across the road, and that his impaired capacity contributed to the fatality. The suspended portion was conditional on Brett keeping the peace, maintaining good behaviour, and entering a €100 bond. He was also directed not to apply for a driving licence. The decision was made by Mr Justice Sean Ryan, with counsel for the applicant Mícheál P O Higgins SC and counsel for the State Vincent Heneghan BL presenting their arguments.
In December 2014, the Dublin Circuit Criminal Court set a March hearing for Alan Wilson, 34, to appeal his conviction and seven‑year sentence for assault causing harm at Dromheath Drive, Blanchardstown, on 3 June 2009. Wilson had pleaded not guilty to trespass and assault, was found guilty by a jury, and sentenced by Judge Desmond Hogan on 12 April 2013. He applied for bail pending appeal. Judge Michael Peart, joined by Judges John Edwards and George Birmingham, noted the Court of Appeal's reluctance to decide the bail application without DPP submissions or a trial transcript, yet scheduled the appeal for 23–24 March to avoid prejudice. Wilson's barrister, Padraig Dwyer SC, argued that Wilson's prior conviction and lack of victim evidence, combined with the jury's perception of a bullet‑proof vest implying gang involvement, prejudiced the verdict. Dwyer contended the judge's jury charge effectively conceded this prejudice. The appeal will address both conviction and sentence.
In a case involving a 23‑year‑old man from Ballyfermot, Lee McDonnell pleaded guilty to possession of an imitation firearm with intent to rob a service station, robbery of cigarettes and a sunglass case, and robbery of a shop assistant. He received a six‑year sentence, with three years suspended, in November 2012. The Director of Public Prosecutions appealed the three‑year custodial portion as too lenient. The appeal was scheduled for the Court of Appeal, but McDonnell was absent, and the hearing was postponed to January 26.
In December 2014 the Court of Appeal doubled a six‑year sentence that had been imposed on Christopher Farrell, a 30‑year‑old from Drogheda, for two rape offences committed on 16 September 2007. Farrell had pleaded not guilty but was convicted by a jury of rape, oral rape, attempted rape and false imprisonment of one woman and sexual assault of another. He had 26 prior convictions, including assault. The Director of Public Prosecutions appealed, arguing the sentence was "undue leniency" and that aggravating factors had been ignored. The Court of Appeal quashed the concurrent six‑year sentences and imposed a new 12‑year sentence for the two rape counts, describing the original sentence as "very seriously inadequate.".
Karl Donohoe, 33, of Bealing Village, pleaded guilty to the manslaughter of British national Raymond Bates, 49, after a road‑rage incident on 30 September 2010. Donohoe beat Bates with a hurley stick, striking him on the head and repeatedly hitting him while he was on the ground. Bates, a construction worker from Durham, was later pronounced dead after a four‑day hospital stay. In April 2012, Mr Justice Paul Carney sentenced Donohoe to 12 years' imprisonment, with the final two years suspended, citing the savagery of the assault and Donohoe's self‑appointment as "sheriff and enforcer" in response to Bates' drunken driving. Donohoe appealed the sentence, arguing the judge had erred by referencing a separate case and the hate mail he had received. The Court of Appeal reserved judgment for 19 January, while counsel for the DPP maintained that the sentence was proportionate to the aggravating and mitigating factors presented. The case remains pending appeal.
At the appeal stage, Kevin Tucker (52), a former accountant, was found to have admitted failing to make tax returns between 2002 and 2011. The case was heard at Dublin Circuit Criminal Court, where Judge Martin Nolan imposed a suspended one-year sentence. The judge noted that Tucker had a history of being unsympathetic to tax offenders, having previously imposed a six-year sentence on another individual for tax fraud. However, in this case, the judge acknowledged that Tucker's actions coincided with the rearing and eventual death of one of his children, who had severe and complex health issues. Tucker has repaid a large portion of the outstanding tax and currently owes €81,650. He pleaded guilty and stated that he had intended to address the matter but had put it off. His defence counsel highlighted that Tucker no longer works as an accountant and is now employed as a business consultant. The judge stated that it would be unjust to impose a custodial sentence in this case, noting that Tucker was not charged with tax evasion but with failing to make returns.
Patrick O'Brien, aged 75, pleaded guilty to 16 rape and indecent assault charges committed between 1973 and 1982. The trial judge, Mr Justice Paul Carney, sentenced him to 12 years' imprisonment, suspended the final nine years, and granted him bail pending appeal. The Court of Appeal, led by Mr Justice Seán Ryan, found the sentence unduly lenient and ordered a review. The appeal was based on the argument that O'Brien's age alone should not mitigate his sentence and that there was insufficient evidence that his medical conditions made prison intolerable. The Court of Appeal will give reasons on 19 January and impose a new sentence on 26 January. O'Brien was present in court, assisted by a mobility aid, and his daughter Fiona Doyle attended with supporters.
Derek Floyd, 36, of Tulla, Co Clare, was found guilty of 15 counts of filing incorrect VAT returns and 12 counts of claiming VAT remits to which he was not entitled between 2001 and 2003, and of handling stolen goods. He was originally sentenced to six years imprisonment with the final year suspended, and separately to three years imprisonment for handling stolen goods, with eight months suspended. On appeal, the Court of Appeal reduced his overall sentence to five years imprisonment with one year suspended, and a consecutive term of three years with eight months suspended. The Court found errors in the original sentencing, noting that the judge had misapplied the appropriate sentence and had incorrectly considered the suspended portion. The appeal was upheld by Mr Justice George Birmingham, who substituted the original sentences with the reduced terms. The case involved fraudulently claiming €683,000 in VAT returns and handling €45,000 worth of stolen silage wrap.
Peter Kennedy, aged 75, was convicted of 27 counts of indecent assault against 18 boys over an 18‑year period from 1968 to 1986. He pleaded guilty and was sentenced by Judge Martin Nolan to 10 years' imprisonment on one count, with all other counts considered. The appeal was dismissed by Justice George Birmingham, who noted that a consecutive sentencing on each count would not have benefited Kennedy. He highlighted that all complainants were schoolboys, except one, and that the abuse had a profound impact, with many victims experiencing long‑term difficulties. Birmingham affirmed that Kennedy's sentence was within the judge's discretion and that there had been no offences since 1986. The judgment was delivered in the Dublin Circuit Criminal Court on 8 July 2013, and the appeal was rejected on 16 December 2014.
The Court of Appeal has adjourned the sentencing appeal of Cathal Murtagh until January 19. Murtagh, a Louth man, pleaded guilty at Dublin Circuit Criminal Court to possession of drugs for sale or supply at a warehouse on Malahide Road on April 25, 2011. In March 2012, Judge Martin Nolan sentenced him to five years' imprisonment. The Director of Public Prosecutions (DPP) appealed this sentence on grounds of undue leniency. Counsel for the DPP, Mr Ronan Kennedy BL, argued that the sentencing judge failed to adequately consider the offence's maximum penalty of life imprisonment and the presumptive minimum of ten years. He further contended that excessive weight was given to mitigating factors, such as Murtagh's guilty plea and lack of prior convictions, while insufficient regard was paid to the value of the drugs, which included cannabis and ecstasy tablets worth over €3.5 million. Counsel for Murtagh, Ms Mary Rose Gearty SC, highlighted that he has been at liberty since September 30. President of the Court of Appeal, Mr Justice Sean Ryan, reserved the decision, meaning the matter was adjourned and not concluded.
Adam Busby, a 65-year-old self-styled Scottish separatist, appeared before the High Court in an appeal regarding his extradition to the UK. British authorities seek his surrender on terrorism charges, alleging that between November 2009 and June 2010, he made hoax bomb warnings and poison threats to various Scottish newspapers and agencies. These allegations include threatening to contaminate UK water supplies, sending messages claiming poisonous packages were sent to former Prime Minister Gordon Brown, and claiming bombs would detonate at locations in Glasgow and Edinburgh. Busby, who has multiple sclerosis and is confined to a wheelchair, had previously appealed a 2013 High Court surrender order to the Supreme Court. Last week, a five-judge Supreme Court panel unanimously cleared the way for his surrender but agreed to a short stay on the order to allow for a health-related application. In the current High Court proceedings, counsel for the Minister of Justice and Equality, Mr Diarmaid McGuinness SC, stated that Busby intended to apply for a postponement of the surrender on humanitarian grounds. The State indicated it required time to review medical reports and consult Scottish authorities. Mr Justice Tony Hunt, presiding over the case, told Busby, who was present in court, that the matter was to be adjourned until January 20. The judge ordered that Busby be remanded on continuing bail to appear before the court again on that date.
Stephen Geraghty, aged 50, of Clondalkin, had originally received a ten‑year prison sentence for possession of €350,000 worth of cocaine in 2004, to run consecutively with a two‑year sentence for a 2003 cannabis offence. The Court of Appeal quashed the ten‑year term because Geraghty had not been convicted of the 2003 offence at the time he committed the 2004 offence; he was on bail and later absconded. He was convicted of both offences on 2 February 2010 after surrendering to Gardaí in 2009. The Court held that the mandatory ten‑year minimum applies only when a prior conviction exists before the second offence. Consequently, it imposed a new seven‑year sentence with 18 months suspended, back‑dated to 16 April 2011, and a five‑and‑a‑half‑year term for the 2004 offence, to run consecutively. The decision was made by Ms Justice Mary Finlay Geoghegan, Mr Justice Garrett Sheehan and Mr Justice Gerard Hogan. Stephen Geraghty pleaded guilty.
In a case heard by the Court of Appeal, a 30‑year‑old man from Dublin, whose identity is withheld to protect the victim, was found guilty of 11 counts of sexual assault and defilement of a 13‑year‑old girl between May and August 2008. He had previously been in a relationship with the girl's mother and had lived in the mother's home from age 18, performing domestic duties such as babysitting. The girl, who had been 13 at the time, had a history of intimacy with the man that began with walking and talking, progressed to kissing, and eventually to sexual intercourse when the mother was absent. The man pleaded guilty early in the proceedings and was given a fully suspended three‑year sentence by Judge Patrick McCartan in 2011. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient.
Simon Gentles, aged 29, pleaded guilty to aggravated burglary at a home in Sixmilebridge, Co Clare, on 7 January 2010. He was originally sentenced to four years imprisonment by Judge Carroll Moran at Ennis Circuit Criminal Court on 6 February 2012. On appeal, the Court of Appeal, following an application by the Director of Public Prosecutions, increased his sentence to ten years imprisonment, with the final four years suspended. Mr Justice Alan Mahon noted that Gentles forcefully burst into the home of Ms Fitzpatrick, wearing a balaclava and carrying a sawn‑off shotgun that was loaded. He threatened to shoot Ms Fitzpatrick's head and pointed the gun at her 15‑year‑old son. The judge highlighted the violent and threatening nature of the offence and the use of a loaded firearm, and considered Gentles' prior convictions and prison courses when determining the suspended portion. Gentles will serve the new sentence of ten years imprisonment, with the final four years suspended.
A 70-year-old man from Carrickmacross, Co Monaghan has failed in his appeal against sentences for sexually assaulting two young girls. Peter Clarke pleaded guilty to two counts of sexual assault committed in May and September 2011. He received two concurrent five-year prison sentences at Monaghan Circuit Criminal Court in January 2013. Clarke's barrister argued the sentencing judge had failed to give proper weight to the guilty plea and had made inappropriate remarks during sentencing. The Court of Appeal yesterday rejected the appeal, finding the trial judge had properly considered all circumstances and mitigating factors. The court was not satisfied the sentences were unduly severe. Clarke remains in custody and will be required to engage with the probation service for seven years following his release.
A Letterkenny chiropractor has had his sentence for burglary reduced on appeal. Kevin Ginty, aged 47, pleaded guilty to burgling the home of a woman with whom he had been in a relationship. He was initially sentenced to five years imprisonment at the Central Criminal Court in July 2013 for the offence committed in April 2010. The Court of Appeal has now reduced the sentence to two years, to run from the date of his conviction. The court found that insufficient weight had been given to Ginty's lack of previous convictions and his standing in the community. Whilst acknowledging the seriousness of the burglary, which involved an assault on the woman in her own home, the appellate court determined that a two-year custodial sentence was more proportionate for a first-time offender in cases of this nature.
Frank Ward, 60, known for armed robbery, had his miscarriage‑of‑justice application rejected by the Court of Appeal on 11 December 2014. Ward had pleaded guilty to five assault‑related charges and possession of a firearm during the 2003 Goat Grill robbery, for which he received two concurrent life sentences later reduced to 20 years on appeal in 2012. He argued that a garda PULSE identification number and a newspaper article had prejudiced the sentencing judge, but the Court found no new facts or evidence to support his claim. The Court, led by Justice Seán Ryan, held that the alleged prejudicial material was not accessed by the judge and that the newspaper could not have influenced the sentencing. Ward was returned to prison to serve the remainder of his 20‑year term.
In a case involving a 29‑year‑old man who pleaded guilty to sexual assault, false imprisonment and the production of a knife, the Court of Appeal reduced his sentence. The original 2012 judgment had imposed six years for the assault and false imprisonment and four years for the knife, to run concurrently. The appeal court agreed that part of the sentence should be suspended and imposed two new six‑year terms for the assault/false imprisonment and for the knife, to run concurrently, with the final 18 months suspended. The suspension was conditioned on the defendant completing a sexual offenders programme. The court also ordered 12 months of post‑release supervision. The case was heard by Mr Justice Garrett Sheehan, Mr Justice Seán Ryan and Mr Justice George Birmingham. The defendant's background, including a lack of prior convictions and a troubled personal history, was cited in the decision to suspend the final 18 months.
A High Court judge has reserved judgement in the extradition case of Ali Charaf Damache, a 50‑year‑old Algerian‑born Irish citizen wanted in the United States on international terrorism charges. Damache faces allegations of conspiring to provide material support for terrorists and attempting identity theft to facilitate an act of international terrorism. The case is the second time his extradition has been heard. In November, Damache won a Supreme Court appeal that he was entitled to judicial review of the Director of Public Prosecutions' refusal to prosecute him in Ireland and of the refusal to give reasons for that decision. If convicted in the U.S., he could face up to 45 years in prison. Ali Charaf Damache pleaded guilty.
Louis Shiels, aged 27, pleaded guilty to rape, oral rape and false imprisonment of a woman who had become separated from friends at a hen party in Galway. The offences took place at his rented accommodation on 5 June 2011. He was sentenced on 25 February 2013 to 15 years' imprisonment, with the final three years suspended on each rape count, and a concurrent 8‑year sentence for false imprisonment. Shiels applied to review the sentence, but the Court of Appeal rejected the application. The court upheld the judge's view that the assault was "outrageous" and that mitigating factors such as Shiels' Asperger's syndrome and a psychologist's report were not sufficient to reduce his responsibility. Shiels will serve the remainder of his sentence in prison.
In 2014, a 27‑year‑old man from County Clare was sentenced to seven years' imprisonment, with the final three years suspended, after pleading guilty to one count of rape, four counts of sexual assault and four counts of oral rape against his younger cousin between 2003 and 2005. The Court of Appeal reduced his original nine‑year sentence, citing that the sentencing judge had taken too severe a view of the offender's conduct. The judge noted the abuse began when the accused was 12 and the victim was six, progressed through inappropriate touching and forced oral activity, and culminated in a full vaginal rape when the victim was 12 and the accused had turned 18. The court ordered 18 months of post‑release supervision, a €1,000 bond, and a lifetime prohibition on contact with the victim. The case highlighted the serious impact on the victim's life, including school withdrawal and self‑harm attempts.
A 65‑year‑old Dublin man, whose identity is withheld to protect the victims, had a five‑year jail term for sexually assaulting two adult nieces reduced to three years on appeal. He was convicted of two counts of sexual assault in 2007. He pleaded guilty to one count and contested the other. Judge Patrick McCartan originally sentenced him to five years for the first count and three years for the second, to run concurrently, on 8 March 2013. In the Court of Appeal, Mr Justice George Birmingham noted the man's intent to "get locked" at a family party in September 2007 and described the assault on his niece's 4‑year‑old daughter. The more serious offence occurred in June 2007 when the man assaulted a younger adult niece who had invited him home for drinks. He had no prior convictions, had worked for a commercial semi‑state company for 35 years, and had reached a senior management position.
Glen Douche, 27, of Termon Abbey, Drogheda, lost an appeal against his assault sentence. He had pleaded guilty to two counts of assault causing harm and one count of endangerment in Darndale, Dublin, on 11 July 2009. Judge Martin Nolan had sentenced him to three years imprisonment in December 2012, to run consecutively after a prior nine‑and‑a‑half‑year term for possession of explosives imposed in 2010, with the final two‑and‑a‑half years suspended. Mr Justice John Edwards dismissed the appeal, noting that the sentencing judge had considered Douche's cooperation, literacy and addiction problems, difficult family history and the loss of two brothers, one killed in Mountjoy Prison. Douche had 109 previous convictions, mainly for road traffic offences, and the court was not inclined to allow the appeal. The case involved a party at a stab victim's home, a confrontation with Mr Anthony Byrne, and Douche's driving of his car at a group of people.
Aidan Leacy, 56, of New Ross, Co. Wexford, was convicted of sexually assaulting two seven‑year‑old girls in the west of Ireland between November 2007 and January 2008. He pleaded guilty and was sentenced to six years' imprisonment by Judge Carroll Moran at Cork Circuit Criminal Court on 3 March 2013. In the Court of Appeal, Judge George Birmingham reduced the sentence to three years' imprisonment with a two‑year post‑release supervision period. The appeal was successful. The Court noted that Leacy had shown the girls adult pornographic magazines, encouraged them to expose themselves, and had them pull down his trousers and his own clothes. The Court also recorded that Leacy's conviction led to two arson attacks on his home, the loss of his public service job, and the removal of his children from his care. He remains on the sex offenders register indefinitely.
James Brophy, 46, of The Swan, Athy, was found guilty of excise duty evasion for importing over four million illegal cigarettes. A jury convicted him on 25 August 2010, and he was sentenced to 240 hours of community service in lieu of three years imprisonment on 12 October 2012. The Director of Public Prosecutions appealed, and the Court of Appeal imposed a new three‑year suspended sentence and a €5,000 fine. The fine was described by Mr Justice George Birmingham as "designed to sting." If the fine is not paid within 12 months, Brophy would serve 12 months imprisonment in lieu of the fine. The case involved customs officials finding the cigarettes at Brophy's warehouse, with a potential loss of €1.5 million in duty, tax and VAT. Brophy had no prior convictions and had previously completed community service. The appeal was successful, resulting in the suspended sentence and fine. James Brophy pleaded not guilty.
In December 2014 the Court of Appeal ruled that the 10‑year suspended sentences handed to Edward Rooney, 65, and Des Ryan, 55, for possessing €1.2 million worth of heroin and cocaine were too lenient. The men had pleaded guilty in October 2013 to possession for sale or supply after transporting a bag of drugs from the UK to Ireland. The appeal court noted the financial pressure that led them to act as couriers, the high value of the drugs, and the fact that neither was driven by addiction. It also highlighted that the men were not compelled by compulsion but chose to participate for financial gain. The court reserved its judgment, to be delivered on 19 January 2015, and indicated that the sentences would be revised to reflect the seriousness of the offence. The original judge had imposed a wholly suspended 10‑year term, which the appeal court found to be an error in principle.
The Court of Appeal has overturned the dismissal of a €1 million heroin possession charge against Stephen Reddington, a 31‑year‑old Dublin man. Reddington, who lives on Wheatfield Avenue, Clondalkin, was charged on 11 November 2011 with possession for sale or supply of heroin worth more than €1 million at his home. The charges were dismissed last year by Judge Mary Ellen Ring because the search warrant for Reddington's home was deemed illegal. The Director of Public Prosecutions appealed, and the Court of Appeal, led by Mr Justice Seán Ryan, ruled that there was sufficient evidence for the warrant. Judge Ryan noted that the investigating Garda had obtained information from a source about heroin in the home and had observed drug users frequenting the premises. He concluded that suspicion, not proof, was required and that the warrant was reasonable.
Andrew Hoare, 27, of Monakeeba, Thurles, was convicted of robbery at a shop in Thurles on 2 September 2012. He pleaded guilty and was sentenced to seven years imprisonment by Judge Thomas Teehan at Clonmel Circuit Criminal Court on 11 April 2013. In the robbery, Hoare entered the shop armed with a knife and demanded money from the shop‑owner's son, Mr Scanlon. Scanlon resisted and tried to wrestle the knife, resulting in a struggle that left Scanlon with an injured hand and a sum of money taken. Scanlon chased Hoare down the street, and Gardaí launched a "general manhunt." Hoare fled toward the railway station; Gardaí stopped the train and found him in the toilet, where money was recovered and he was arrested. On 5 December 2014, the Court of Appeal, presided over by Mr Justice Seán Ryan, reduced Hoare's sentence from seven to five years imprisonment, stating that while the offence was serious, the reduction was permissible.
Two Vietnamese nationals, Ba Nguyen (44) and Ha Nguyen (49), were found guilty of cultivating cannabis at a commercial premises in County Meath on 20 November 2012. They had been trafficked into Ireland and lived in rudimentary conditions on site. The original sentences of six years each, with the final two years suspended, were imposed by Judge Michael O'Shea on 14 November 2013. On 5 December 2014 the Court of Appeal, led by Justice Garrett Sheehan, imposed new three‑year sentences and unconditionally suspended the balance of those sentences from that day. The court cited the defendants' impoverished circumstances, lack of prior convictions, and the fact that they were not free agents in determining the reduced, suspended sentences. The decision was upheld by President Justice Seán Ryan. The defendants had no significant financial gain from the operation and were not involved in its financing or logistics.
A Mayo man has failed in his appeal against a six-year prison sentence imposed for dangerous driving that caused serious injury to his front seat passenger, though the Court of Appeal has reduced his driving disqualification from twenty years to twelve years. Martin Kearney, aged 33, from Ballina, pleaded guilty to dangerous driving causing serious harm arising from an incident on 30 September 2010 near Sligo Town. Kearney had driven a BMW M3 at speeds exceeding 150 kilometres per hour over a distance of 2.6 kilometres before losing control. The vehicle mounted barriers, somersaulted, and came to rest 80 to 100 metres beyond the road surface. His front seat passenger sustained devastating injuries requiring twenty-four-hour care. Kearney himself sustained considerable injuries. Sentencing him in June 2012 at Sligo Circuit Criminal Court, Mr Justice Tony Hunt imposed four years' imprisonment with the final two years suspended and imposed a twenty-year driving ban.
The Court of Appeal refused the Director of Public Prosecutions' appeal against Seán Graham's suspended seven‑year sentence for possession of €243,000 worth of heroin and €25,000 worth of cocaine. Graham, aged 26, pleaded guilty in March 2011 and was sentenced by Mr Justice Tony Hunt on 30 March 2012. The DPP argued the sentence was too lenient, citing the ten‑year minimum for drug offences over €13,000. Mr Justice Seán Ryan, President of the Court of Appeal, described the sentence as "very lenient" and noted Graham's admission of responsibility, his drug debt of €100,000, and his participation in a rehabilitation programme. The Court of Appeal upheld the suspended sentence, stating that a harsher penalty would be unjust, and expressed hope that Graham would respect the opportunity granted by the judge. The decision was announced on 2 December 2014.
The Court of Appeal has reduced the sentences of Michael O'Loughlin and Edward O'Loughlin, the first two men jailed under 2009 anti-gang legislation. The Galway brothers were originally charged with directing a criminal organisation but pleaded guilty to a lesser charge of membership after a decision not to prosecute was entered on the more serious offence. Judge Martin Nolan at Dublin Circuit Criminal Court sentenced them to nine years imprisonment on June 11, 2012, for participating in the activities of a criminal organisation. In this appeal, Mr Justice George Birmingham found an error in principle, noting that Judge Nolan lacked sentencing guidelines as the first to apply the act. The Court of Appeal determined the original sentence was too severe given the organisation operated at mid-level criminality. Consequently, the nine-year terms were substituted with new sentences of six-and-a-half years imprisonment. The case arose from Operation Foolscap, a Garda Síochána investigation targeting a Galway-based gang. Audio surveillance revealed the brothers' involvement in three drug offences and four burglaries, though the latter were pre-empted by police. The court noted the brothers had extensive prior convictions, with most dealt with in the District Court.
The Court of Appeal has determined that an eight-year prison sentence imposed on a Roscommon man convicted of raping his neighbour's daughter was unduly lenient. President of the Court of Appeal Mr Justice Seán Ryan delivered the decision on 1 December 2014, describing the offences as standing "on the most heinous level" and involving "depravity amounting to torture". The man had pleaded guilty to multiple counts of rape and sexual assault perpetrated between 2004 and 2008 against a child who was five years old when the abuse commenced. The original sentence, imposed in July 2013 by Mr Justice Paul Carney, comprised concurrent terms across fifteen rape charges and five sexual assault charges. The Director of Public Prosecutions successfully challenged the sentencing as inadequate. Mr Justice Ryan stated the sentencing judge had erred gravely in considering eight years appropriate for the rape charges. The existing sentence will remain in place pending a new sentencing hearing scheduled for 13 February 2015.
In 2014 the Court of Appeal reduced the sentence of 29‑year‑old Shane Millea, who stabbed his cousin Paul Harris to death with a flick knife he had given him as a present. Millea had pleaded not guilty to murder but guilty to manslaughter, and was originally sentenced to ten years with two years suspended. The appeal court found the original sentence too severe and set it aside, imposing an eight‑year term with the last three years suspended on the condition that Millea remain of good behaviour for four years. The court cited Millea's immediate remorse, acceptance of responsibility, and the fact that he had stayed at the scene and provided first aid. The decision was made after considering the gravity of the offence and mitigating factors such as the circumstances of self‑defence and the victim's prior knife possession. The judgment was reserved for a later date.
The Court of Appeal set aside a 12‑year prison sentence imposed on Stephen Geraghty, 50, for possession of €4 million worth of cannabis and €350 000 of cocaine. Geraghty had pleaded guilty to the two offences in 2011, but the Director of Public Prosecution accepted that errors had been made in the sentencing. The appeal centred on whether a second offence under the Misuse of Drugs Act, amended in 2007, could be convicted when the defendant had not yet been convicted of the first offence. The court held that a mandatory minimum sentence for a second offence requires a prior conviction, and that the 2007 amendment could not apply retrospectively to Geraghty's case. The court therefore vacated the sentence and will impose a new one on 15 December. Geraghty was not present at the hearing and is suffering from a terminal illness. The decision will be fully reasoned in a reserved judgment at a later date.
In a decision by the Court of Appeal on 28 November 2014, professional accountant Ignatius Forde, aged 62 and resident on Burrin Street, Carlow, was ordered to pay an increased fine of €3,000 and to carry out 200 hours of community service. The order followed a May 1 judgment by Judge Terence O'Sullivan at the Carlow Circuit Criminal Court, where Forde had been fined €1,000 for furnishing false auditor reports. Forde had originally faced 50 counts under sections 187 and 242 of the Companies Act, pleaded guilty early, and had previously been convicted of similar offences, including a six‑year suspended sentence in 2009. The Court of Appeal, agreeing with the Director of Public Prosecutions, found the original sentence unduly lenient, noting that Forde had used the names and signatures of qualified auditors and had falsely represented himself as one.
The Court of Appeal has refused the Director of Public Prosecutions' application to quash a suspended sentence imposed on an unnamed former jockey and horse trainer. The appellant pleaded guilty on January 30, 2013, to a sexual assault charge arising from an incident in October 2005. At the Central Criminal Court, Mr Justice Barry White adjourned sentencing overnight and delivered a five-year suspended sentence on conditions on April 23, 2013. The DPP appealed on grounds of undue leniency. President Mr Justice Seán Ryan, joined by Justices Birmingham and Sheehan, refused the appeal, stating it would not be just to impose immediate custody at this stage. However, the court found the original sentencing hearing was not sufficiently sensitive to the victim's rights. The judges criticized Mr Justice White for being too ready to infer that the victim's impact statement attempted to pressure him and for making critical remarks regarding the victim's naivety. While the Court of Appeal identified significant procedural errors and defects in the sentencing process, it declined to make a declaration of undue leniency or error in principle, simply refusing the application.