Brian Kavanagh

 

A Dublin man who was charged with IRA membership at a special sitting of the Special Criminal Court last Saturday has been remanded in custody until October.

Michael Barr (34), of Premier Square in Finglas, is charged with membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on July 18.

Counsel for the accused man, Ms Siobhán Ní Chúlacháin BL, today told the non-jury court that there was no application for bail and there was consent to a remand in custody for service of the book of evidence.

State Solicitor Ms Irene Daly asked ….read more

A Galway man who left a bank worker in a coma for two weeks suffering from “horrific, life-changing injuries” after an unprovoked assault has had his eight-year sentence reduced by 18 months on appeal.

In November 2011 Dean O’Brien (28) was jailed for eight years by Judge Raymond Groarke after he was found guilty by a Galway Circuit Criminal Court jury of assault causing serious harm to Mr Barry Mannion on William Street West, Galway, on December 28, 2009.

Mr O’Brien, with a last address at Bishop O’Donnell Road in Galway, had pleaded not guilty to counts of assault causing serious harm, ….read more

The Court of Criminal Appeal has reserved judgement in an appeal brought by a man who was jailed for life after being found guilty of murdering his “best friend” while he slept.

In February 2009 John Paul Buck (34), last of Heywood Close, Clonmel was jailed for life by Mr Justice George Birmingham having been found guilty by a Central Criminal Court jury of fatally stabbing 30-year-old Fergus Roche at a vacant house in their estate on October 1, 2005.

He then set fire to the house and was also convicted of arson, for which a concurrent five-year sentence was imposed, after ….read more

(Pictured: Mr Justice Frank Clarke, who delivered the written judgement of the CCA today)

A Limerick man who left a school boy with permanent brain damage after beating him unconscious in an unprovoked attack has had his fifteen-year sentence reduced by over a third on appeal.

Adam Fitzgibbon (20), who was a teenager in the care of the HSE at the time of the attack, carried out an “unprovoked, sustained and vicious” attack on his victim and was caught on camera inflicting 65 kicks and stamps to his 16-year-old victim’s head, along with two stamps to his chest and 26 punches.

In March ….read more

The son of a slain Limerick crime figure has had his eight-year sentence for the possession of a handgun and ammunition reduced by one year following a successful appeal.

In March the Court of Criminal Appeal found there was an error in principle in the sentence imposed on Kieran Ryan (29). Ryan is the son of Eddie Ryan Snr, who was shot dead in the Moose Bar in Limerick in November 2000.

Presiding judge Mr Justice Frank Clarke said the appeal court found there was an error in the initial assessment of the trial judge as to the seriousness of the offence ….read more

The Court of Criminal Appeal has given its views on the assistance a judge is entitled to receive and the obligations of prosecution counsel at sentencing in the light of concerns raised by the Director of Public Prosecutions following three “highly significant” judgements returned in March.

As part of a supplementary written judgement, the appeal court today said it was of the view that prosecuting counsel in sentencing hearings are obliged to bring a judge’s attention to sentencing guidance beyond that given by the appeal court itself.

The appeal court said it was of the view that this extends to bringing a ….read more

Two brothers who received sentences totaling 16 years for conspiring to steal from a security van transporting almost €1 million in cash have had each of their sentences reduced by six months on appeal.

The Court of Criminal Appeal today found there was an error in principle in the sentence of nine years with two suspended imposed on Alan Bradley (40) and in the sentence of seven years with 18 months suspended imposed on his brother Wayne Bradley (35) by Judge Tony Hunt in April 2012.

The men attempted to carry out the raid under the direction of the late Eamon Dunne, ….read more

A man who was sentenced to 12 years for the possession of cocaine worth over €600,000 has failed in an appeal against the severity of his sentence.

In January 2012 Alan Graham (41), with last address at Collinamuck, Roscahill, Co Galway, was sentenced to 12 years with two years suspended by Judge Raymond Groarke for the possession of the drugs.

He had pleaded guilty before Galway Circuit Criminal Court to the possession of cocaine worth €420,000 for sale or supply at Glenbrack, Gort, in south Co Galway, on November 2, 2010.

He also pleaded guilty to having possession of another three kilograms of ….read more

The case against a 55-year-old man charged with the possession of explosives at Finnstown House Hotel in May has been adjourned until the beginning of the next court term.

Samuel Devlin, who is originally from Co Tyrone but has lived in Dublin for a number of years, was charged before the non-jury Special Criminal Court after his arrest by members of the Special Detective Unit.

Mr Devlin, with an address at Golf Suite, Finnstown House Hotel, Lucan, Co Dublin is charged with the unlawful possession of the explosive substance Pentaerythritol Tetranitrate (PETN) at the same address on May 11, 2014.

He is also ….read more

A Dublin man who was among seven men charged with IRA membership before the Special Criminal Court has been granted temporary bail despite the objections of gardai.

At a special sitting of the non-jury court last year Brian Nick McBennett (54) of Ard Collum Avenue, Artane, was charged with membership of an unlawful organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on July 3, 2013.

His six co-accused Peter Burns (39) of Glenshane Crescent, Tallaght, Kevin Braney (39) also of Glenshane Crescent, Tallaght, Michael Barr (33) of Carlton Court, Poppintree, Ballymun, John Brock (41) of Glenview ….read more

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