Court of Appeal

A Dublin man with 230 previous convictions must wait to hear whether his two year jail term for attacking two teenage boys will be increased by the Court of Appeal.

Michael Cummins (32), of Applewood Avenue, Swords, pleaded guilty to stealing an iPhone, making a threat to kill, burglary, false imprisonment and assault in Swords on August 9, 2017.

Dublin Circuit Criminal Court heard that Cummins threatened to pour what he said was acid into one of the boy’s eyes and said he was going to blow their house up during the incident, which came about during a “frightening” drug-induced paranoia.

Garda ….read more

An autistic man caught “minding” over €600,000 worth of heroin and cocaine in a car park at Dublin Airport must wait to hear the outcome of an appeal by the Director of Public Prosecutions.

Alyn Maginn (41) with an address in Drumhillery Road, Keady, Co Armagh, but who currently lives in Spain, pleaded guilty to one count of possessing the drugs at Dublin Airport on July 7, 2017.

Detective Garda Chris Brady told prosecuting lawyers that Maginn had arrived in Dublin on a flight from Malaga, Spain, and was spotted leaving Terminal 2 as part of routine profiling by customs.

Maginn got ….read more

The protection to not testify against one’s spouse should extend beyond society’s 1992 definition of the “nuclear family”, lawyers have told the Court of Appeal.

The case concerns a Circuit Court ruling on whether two women could be compelled to give evidence against their partners, with whom they were in ongoing relationships but were not married at the time.

Both men had been charged with a single count each of attempting to pervert the course of justice in 2012. The effective evidence against them, as alleged, was to be found in statements made by their partners, which were sought to ….read more

A man who set fire to his family home while four young children were inside has lost an appeal against the severity of his five year jail term.

John Kelly (51), pleaded guilty to arson of the family home at Bruhenny, Churchtown, Mallow, Co Cork on December 18, 2016 when the four children aged 11, eight, six and two were inside.

He was sentenced at Cork Circuit Criminal Court to seven years imprisonment with the final two suspended by Judge Seán Ó Donnabháin last year. The Court of Appeal upheld his sentence today.

Giving judgement in the three-judge court, Mr ….read more

(Pictured: Eve Doherty. Credit: Collins)

A detective found guilty of harassing a State solicitor by sending abusive letters and emails is seeking to have her conviction overturned on grounds that the State retained her data under “doomed” Irish law.

Eve Doherty (50), with an address in Blackglen Road, Sandyford, Dublin, was found guilty by a jury at Dublin Circuit Criminal Court of harassing State solicitor Elizabeth Howlin between September 2011 and March 2013. Doherty, who had denied the charge, maintains her innocence.

She was found not guilty on two counts of making false statements on two dates in March 2012, in which ….read more

A burglar who spent “an hour and a half just wrecking” a family-owned garage before stealing a car he burned out at Dublin Port has had his prison sentence increased by the Court of Appeal.

Luke Foran (21), with a previous address at West Road, East Wall, in the capital, pleaded guilty to a series of offences on three bills of indictment including burglary, criminal damage, the unauthorised taking of a vehicle and theft in Dublin between March and May 2017.

He was given an aggregate sentence of two-and-a-half years at Dublin Circuit Criminal Court by Judge Terence O’Sullivan on ….read more

The decision to extradite a man to Poland, despite concerns over controversial justice “reforms” in the EU Member State, is set to be determined by the Irish Supreme Court.

Ms Justice Aileen Donnelly, the High Court judge in charge of extradition, asked the European Courts for a ruling on the effect of Poland’s justice reforms earlier this year.

She said recent legislative changes in Poland were “so immense”, the High Court was forced to conclude that “the common value of the rule of law” had been “systematically damaged” and “democracy in Poland” had been breached.

At the centre of the case ….read more

A drunk driver who knocked down three elderly men with his car after a burglary spree, has withdrawn an appeal against his eight-year sentence after being told his sentence could also be increased.

Michael Sheehan (29), of Cliona Park, Moyross, in Limerick, pleaded guilty to dangerous driving causing serious bodily harm to the gentlemen on their way home from regular pitch and putt in Co Clare on September 25, 2014.

Then 79-year-old former Limerick hurler, Eric Ryan, lost a leg while William Barry, a retired garda, who was also in his 70s, suffered bleeding to the brain. A third man in ….read more

Lawyers for a man found guilty of money laundering have asked the Court of Appeal to set guidance on how the “complex legislation” should be explained the juries.

Henry Alinta (44), with an address at Ashbrook Mews, Newry, Co Down, had pleaded not guilty to money laundering contrary to Section 7.1 of the Criminal Justice Money Laundering and Terrorism Financing Act 2010.

He was found guilty by a jury at Trim Circuit Criminal Court after 27 minutes of deliberations and sentenced to four years imprisonment with the final 18 months suspended by Judge Michael O’Shea. He was released from serving ….read more

A retired school teacher must wait to hear whether the courts will halt his trial on charges of abusing a number of his pupils almost 50 years ago.

The 76-year-old man, who cannot be identified for legal reasons, faces 16 charges of indecently assaulting eight male pupils in a south Dublin school between September 1, 1968 and June 1, 1969. A ninth pupil has made similar allegations around the same time.

The man is seeking to have his trial prohibited on grounds of delay.

The assaults on multiple complainants are alleged to have occurred in full view of other pupils and ….read more

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