Claim against estate of grandfather for alleged sexual assault dismissed due to overwhelming prejudice Whelan v Lawn [2014]IESC 75 (Supreme Court, Hardiman J, 19 December 2014) Supreme Court dismisses appeal from High Court, and affirms order dismissing plaintiff's claim against her deceased grandfather's personal representative for damages for alleged sexual assault perpetrated by her grandfather, on grounds that the prejudice suffered by the personal representative in being unable to call rebuttal evidence at trial due to the death of the defence's two critical witnesses was such that the case had passed beyond the reach of fair litigation.
– Ian Fitzharris BL
Residents of exclusive property lose appeal against order to vacate O'Donnell v Bank of Ireland [2014]IESC 77 (Supreme Court, Laffoy J, 19 December 2014) Supreme Court dismisses appeal from High Court, and affirms order that the appellants vacate an exclusive Co Dublin residence, on grounds that the appellants held no beneficial or proprietary interest in the property in question as its ownership had passed in full to a holding company, which had executed various guarantees and indemnities in favour of the respondent bank, and therefore no cause of action for breach of trust could properly arise against the bank.
– Ian Fitzharris BL
Sentence upheld for offences involving dangerous driving of large vehicles DPP v. Cully [2014]IECA 11 (Court of Appeal, Mahon J, 13 November 2014) Court of Appeal dismisses appeal against sentence of eight years' imprisonment (with two years suspended) for serious offences involving large vehicles being driven in a very dangerous manner causing injury to Gardaí, notwithstanding the offender's plea of guilty, expressions of remorse, and difficult personal circumstances.
– Ciaran Joyce BL
Sentence increased on appeal for unprovoked attacks DPP v. Carberry [2014]IECA 12 (Court of Appeal, Hogan J, 17 November 2014) Court of Appeal allows appeal of two-year suspended sentence for undue leniency, and substitutes a three-year sentence, suspended in full, for two random and essentially unprovoked attacks on two defenceless victims, on the grounds that the trial judge fell into error and the sentence actually imposed did not reflect the inherent gravity of the offences committed.
– Ciaran Joyce BL Persons who breached China's one child policy were members of a particular social group S.J.L. -v- Refugee Appeals Tribunal [2014]IEHC 608 (High Court, Barr J, 10 December 2014) High Court grants judicial review of decision to refuse refugee status to a Chinese man, on the grounds that he was a member of a particular social group, namely, persons who, contrary to the one child policy in China, had more than one child without permission.
– James Cross BL
Retired Garda succeeds in personal injuries claim for post-traumatic stress disorder Mansfield v Minister for Finance [2014]IEHC 603 (High Court, Barton J, 12 August 2014) High Court makes award of damages of €169,518 to a retired former sergeant with an Garda Síochána for diagnosed post-traumatic stress disorder and resultant early retirement owing to his participation in traumatic work events beginning in 1983 and ending in 2007, after hearing contested expert medical evidence as to the cause of his injuries.
– Ian Fitzharris BL
Trial judge erred in principle by imposing consecutive sentences DPP v. Conroy [2014]IECA 13 (Court of Appeal, Mahon J, 12 December 2014) Court of Appeal allows appeal against severity of 15-year sentence (with final 18 months suspended) for breaking into a house, stealing a car and crashing said car while being pursued by gardaí, on the grounds that the trial judge erred in principle in his decision to impose consecutive sentences and that the sentences were unduly severe.
– Ciaran Joyce BL
Criminal statute concerning "witness intimidation" held to be constitutional McNulty v. Ireland [2015]IESC 2 (Supreme Court, Denham CJ, 21 January 2015) Supreme Court dismisses appeal from High Court, and affirms order upholding the constitutionality of a statute relating to witness intimidation, finding that it was not repugnant to the provisions of the Constitution, on grounds that it did not interfere with an accused person's right to the presumption of innocence or the obligation on the prosecution to establish guilt beyond all reasonable doubt.
– Ciaran Joyce BL
The full text of each judgment can be found on: courts.ie. These reports are provided by Stare Decisis Hibernia: staredecisishibernia.com