Court of Appeal

The Court of Appeal is to overturn the sentence imposed on an uninsured driver who crashed his car into two cyclists while four times over the drink driving limit, leaving one of them with a deformed spine and both with life-changing injuries.

Muiris Flynn had been drinking the night before he lost control and crashed into the cyclists, who were training on a country road in Co Roscommon.

The 31-year-old of Meadow Bank, Geevagh, Co Sligo had pleaded guilty to dangerous driving causing serious bodily harm, drink driving, and driving without insurance at Doon near Boyle on September 24th, 2017.

Roscommon Circuit Court ….read more

(Pictured: Court of Appeal President Mr Justice George Birmingham. Credit: Collins)

A father of three has had 18 months cut from his 12-year sentence for the rape of his teenage foster daughter after the court of appeal found comments by the sentencing judge “may have given rise to an understanding” that he was taking remission into account when passing sentence.

The Court of Appeal had heard a September appeal by Richard Moloney (42) of Roscrea, Co Tipperary, against both his conviction and sentence for rape and two other sexual offences.

Moloney, a father of three, was found guilty by a jury ….read more

A man who was jailed for eight years for the repeated rape and sexual abuse of his younger brother has failed in his appeal to have his sentence reduced.

John Murphy abused his brother for a decade, starting when his victim was ten. For the latter years, he carried out the abuse when his brother was asleep. All of the crimes took place in the family home in a Cork town between 1988 and 1997.

Murphy (46), a father of two, formerly of Waterfall, Co Cork, pleaded guilty to 12 sample counts, including three of oral rape, at the Central Criminal Court ….read more

A murder conviction appeal has been adjourned until the end of the month so that the man appealing can attend in person, rather than remotely, due to his cognitive difficulties.

Warren Nolan’s case was due to be heard by the Court of Appeal this afternoon.

The Dubliner was 18 years old when he shot dead 35-year-old Alan O’Neill in the victim’s front garden at Kiltalown Road in Tallaght on May 27, 2015.

Nolan (23) of Rowlagh Park in Clondalkin had denied the crime but was convicted by a jury at the Central Criminal Court and sentenced to life in prison.

He was due to ….read more

A “high risk” offender jailed for seven years for the rape of a woman while her boyfriend was in the same bed has been re-sentenced by the Court of Appeal so that he must complete five years of probation supervision upon his release.

In March 2019, Patrick O’Driscoll, now aged 23, of Rosewood Drive, Charleville, Co Cork, was convicted by a Central Criminal Court jury sitting in Cork of raping the woman at a house in Co Cork on May 10, 2016. O’Driscoll was 18 at the time of the rape.

He had appealed both his conviction and the severity of ….read more

A Formula 1 engineer has appealed against his jail term for attacking his 81-year-old landlord, tying him up and leaving him in a locked room for 29 hours, after luring him to the scene.

Stefan Schaufler also stole Michael Lally’s wallet and car after seriously beating him with a metal bar in the house he rented from him. He had brought him to a bedroom on the pretence of showing him a leak.

Mr Lally suffered life threatening injuries due to multiple facial and skull fractures causing a brain bleed. His doctor expected him to have some long-term symptoms as a result. ….read more

(Pictured: Patrick Quirke. Credit: Collins)

Patrick Quirke must wait to find out if an appeal against his conviction for the murder of Bobby ‘Mr Moonlight’ Ryan will be successful.

Judges at the three-judge Court of Appeal today said they will require “some time” to consider their decision having heard four days of arguments.

Quirke’s lawyers laid out about 50 grounds of appeal, arguing that Quirke did not receive a fair trial due to the admission during the trial of prejudicial evidence, “tittle tattle” and tabloid-style garda commentaries. They also argued that a warrant used by gardai to search Quirke’s home was flawed, ….read more

(Pictured: Witness Ms Mary Lowry. Credit: Collins)

Evidence of Pat Quirke’s bad behaviour towards Mary Lowry was necessary to set the context for the murder of Bobby Ryan, lawyers for the Director of Public Prosecutions (DPP) have argued.

Quirke’s appeal against his conviction has previously heard from his lawyers, who argued that his trial was rendered unfair by evidence showing Quirke taking underwear off Mary Lowry’s washing line and suggestions from gardai that he had “cash on demand and sex on demand” from Ms Lowry.

Bernard Condon SC, for Quirke, also complained that the prosecution relied on “tittle tattle” and over-emphasised the ….read more

(Pictured: DPP Counsel Mr Michael Bowman SC. Credit: Collins)

Lawyers for the Director of Public Prosecutions (DPP) have begun responding to arguments that the trial of Patrick Quirke was unfair and his conviction should be quashed.

Michael Bowman SC for the DPP today told the three-judge Court of Appeal that the trial judge properly used her discretion when she allowed the jury to hear evidence of Quirke’s “obsession” with his former lover Mary Lowry.

Ms Lowry was in a relationship with the deceased man Bobby Ryan when Quirke murdered him. The prosecution alleged that Quirke murdered his love rival so he could ….read more

(Pictured: Patrick Quirke. Credit: Collins)

‘Tabloidese’ garda comments about Patrick Quirke getting cash and sex on demand and other ‘prejudicial assertions’ during interviews should not have been allowed into the farmer’s murder trial, his barrister has argued in his appeal against conviction.

Bernard Condon SC was making his submissions to the Court of Appeal this morning on the second day of the Tipperary farmer’s appeal.

Quirke (51), of Breanshamore, Co Tipperary was convicted last year of the murder of popular DJ and father-of-two Bobby “Mr Moonlight” Ryan (52) at Fawnagowan in Tipperary.

Mr Ryan disappeared on June 3, 2011 after he left Ms Lowry’s ….read more

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