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Irish Times
2 days ago
- Irish Times
Man who set fire to apartment while his father was inside the property appeals sentence
An arsonist who set a fire at an apartment leaving residents, including his estranged father, 'with nothing' has launched an appeal against his eight-and-a-half-year sentence. Jason Hughes (21), of Bawnlea Green, Tallaght, Dublin 24, admitted one count of arson on December 9, 2022. The offence carries a sentence of up to life in prison. Jailing Hughes at Dublin Circuit Criminal Court in October 2023, Judge Martin Nolan said there could have been a 'significant chance of fatalities' if one of the occupants of the apartment had not been awake to raise the alarm. The court heard that up to €90,000 of damage was caused during the attack at Pairc Na Greine, Tallaght, and the victims, who included the defendant's father, were 'left with nothing'. READ MORE CCTV footage from the area showed Hughes walking towards the complex before climbing over the balcony's railings. He left shortly afterwards. Two minutes later flames became visible. Giollaíosa Ó Lideadha SC, for Hughes, told the Court of the Appeal on Tuesday that the 12-year headline sentence was too high, that the sentencing judge failed to properly consider Hughes' personal circumstances and that a portion of the sentence should have been suspended to incentivise rehabilitation. He said the offence should have been placed in the middle of the mid-range, attracting a headline sentence of between five and 10 years. A discount should have been applied thereafter and a further portion of the sentence should have been suspended to incentivise rehabilitation, Mr Ó Lideadha said. He said that while there was no doubt this was 'a very serious case' where a custodial sentence was required, the court was bound to take into account the fact that Hughes was a young man, aged 19 at the time, who had lived a 'chaotic life' and who had made a serious suicide attempt on the same day as this incident occurred. He said Hughes had ADHD and other cognitive difficulties and had witnessed domestic violence. Mr Ó Lideadha said one of the victims in the case was Hughes's estranged father. The barrister said there was evidence in the psychological report that Hughes felt 'aggrieved' by his estrangement from his father and had stated he would never have committed the offence had he been sober. But Aoife McNickle, for the Director of Public Prosecutions, said the circumstances of the case brought the offence into the upper band. She said Hughes was aware the property was occupied by his father and others at the time. Ms McNickle said it could be inferred from the psychological report that Hughes's motivation was due to 'some animosity or anger' towards his father. She said there was nothing put before the court that would have obliged the sentencing judge to suspend any portion of the jail term. Mr Justice Patrick McCarthy said the three-judge court would reserve judgment and deliver its decision at a later date.
BreakingNews.ie
2 days ago
- BreakingNews.ie
Arsonist (21) who caused blaze at father's home leaving residents 'with nothing' appeals sentence
An arsonist who set a fire at an apartment, leaving its residents, including his estranged father, 'with nothing,' has launched an appeal against his eight-and-a-half-year sentence, arguing part of it should have been suspended to facilitate his rehabilitation. Jason Hughes (21) of Bawnlea Green, Tallaght, Dublin 24, pleaded guilty to one count of arson at Pairc Na Greine, Tallaght, on December 9th, 2022. The offence carries a sentence of up to life in prison. Advertisement Jailing Hughes for eight and a half years at Dublin Circuit Criminal Court on October 27th, 2023, Judge Martin Nolan said there could have been a 'significant chance of fatalities' if one of the occupants of the apartment he attacked hadn't been awake to raise the alarm. He said Hughes's 'reckless act' had endangered the apartment, the lives of its occupants and the health of other residents of the complex. The court heard that €80-90,000 in damage was caused during the attack and the victims, which included the defendant's father, were 'left with nothing'. A female occupant of the apartment told gardaí that she was in the sitting room of her home at the Pairc Na Greine complex in the early hours of the morning when she heard a loud bang. She looked outside and saw a fire in a corner of the balcony near to the apartment complex's main door. Advertisement The court heard the woman saw the glass smash inwards, and she got pushed against a wall. Scared by the speed of the fire, the woman took a young child who was sleeping in the apartment outside. She then went back inside to ensure that her partner had also left and shouted and made noise to alert her neighbours. Both the apartment and its contents were severely damaged. CCTV footage from the area showed Hughes walking towards the complex before climbing over the balcony's railings. He left shortly afterwards, and two minutes later, flames became visible. Launching an appeal against his conviction at the Court of Appeal today, defence counsel Giollaíosa Ó Lideadha SC argued that the 12-year headline sentence was too high, that the sentencing judge failed to properly consider Hughes' personal circumstances, and that a portion of the sentence should have been suspended to incentivise rehabilitation. Advertisement He said the offence should have been placed in the middle of the mid-range, attracting a headline sentence of between five and ten years. A discount should have been applied thereafter, counsel said, and a further portion of the sentence should have been suspended to incentivise rehabilitation. Counsel said that whilst there was no doubt this was "a very serious case" where a custodial sentence was required, the court was bound to take into account the fact that Hughes was a very young man, aged just 19 at the time, who had lived a 'chaotic life' and who had made a serious suicide attempt on the same day as this incident occurred. He noted Hughes has ADHD and other cognitive difficulties and had witnessed domestic violence. Advertisement Mr Ó Lideadha said Hughes's parents had separated when he was eight, and the death of another 'father figure' in his life had a 'devastating effect' on Hughes, leading to him going 'totally off the rails'. 'His offending and his drug activity and suicide attempts occurred in those circumstances of extreme adversity,' he said. The barrister said one of the victims in the case was Hughes's estranged father and noted the appellant's brother had died in a fire before he was born. Counsel said there was evidence in the psychological report that Hughes felt 'aggrieved' by his estrangement from his father and had stated he would never have committed the offence if he had been sober. Mr Ó Lideadha said the trial judge had made a specific error in stating that an accelerant was used. He said the evidence indicated that Hughes set something on the balcony on fire. Advertisement He said Hughes is clearly someone who 'needs residential treatment' and who has 'work to do' in terms of his own life and taking responsibility for his actions. He said it was 'in the public interest' that a portion of the sentence ought to have been suspended to incentivise rehabilitation. Aoife McNickle BL, for the Director of Public Prosecutions, noted the injured parties in this case were present in court for the appeal hearing. Ms McNickle contended that the circumstances of this case brought the offence into the upper band. She noted the fire was set at a residential property in the early hours of the morning, and Hughes was aware the property was occupied by his father and others at the time. Ireland Conor McGregor continues appeal without fresh evid... Read More She said, but for the fact that one of the residents happened to be up at the time and noticed the blaze, the alarm would not have been raised as quickly as it was. The barrister said the fire could be seen on CCTV within two minutes of Hughes leaving the scene and burned 'ferociously enough' to blow in the windows of the sitting room. She said it could be inferred from the psychological report that Hughes's motivation was due to 'some animosity or anger' towards his father. In relation to the argument put forward that part of the sentence should have been suspended, Ms McNickle said there was nothing put before the court that would have obliged the sentencing judge to suspend any portion of the jail term. She said the judge had taken the relevant mitigating factors into account in discounting three and a half years from the headline sentence. Mr Justice Patrick McCarthy said the three-judge court would reserve judgment and deliver its decision at a later date.
Irish Times
24-06-2025
- Irish Times
Principal of school in Blackrock, Dublin, given further 16 months for indecent assault charges
A former school principal jailed for indecently assaulting two students has been told he will spend a further 16 months in prison for indecently assaulting another four boys. Aidan Clohessy (85) was jailed for four years on Monday for indecently assaulting two boys in the 1980s. He was convicted of 19 counts of indecent assault in relation to six boys following two separate trials at Dublin Circuit Criminal Court last month. On Tuesday, Judge Martin Nolan imposed sentence in relation to the second trial, in which Clohessy was convicted of five counts of indecently assaulting four boys. READ MORE Two of these counts of indecent assault related to one boy, with one count each in relation to the other three boys. All of these offences took place between 1969 and 1986. Clohessy was acquitted of three further counts of indecent assault. After hearing facts on Monday, Judge Nolan adjourned the case overnight to consider sentence and the defence's submission in relation to the totality principle. Judge Nolan said the indecent assaults were 'undoubtedly very serious' for the injured parties, noting that many of the incidents described were 'obviously physical chastisement as well'. He said the aggravating features included that Clohessy was in a position of trust which he betrayed. The judge also noted that the injured parties were vulnerable and said Clohessy 'took advantage of their vulnerability'. He said there was some 'small mitigation', including Clohessy's age. Judge Nolan said if this was a stand-alone trial, and Clohessy was younger, he would impose a sentence of between three and four years. But, the judge said the court had to take into account the totality principle and that Clohessy is already serving a sentence. He imposed a 16-month sentence, which is to run consecutive to the four-year sentence imposed on Monday. This means Clohessy has received a sentence of five years and four months for his offending against the six injured parties. A member of the Order of St John of God, Clohessy was the principal of St Augustine's School, Blackrock, Co Dublin, from the early 1970s until 1993, when he was appointed to lead a mission in Malawi. Clohessy, with an address at the Hospitaller Order of St John of God, Granada, Stillorgan, Co Dublin, voluntarily returned to Ireland in 2013. The six boys were all pupils of the school. Some were boarders at the school, which catered for boys with mild to moderate learning disability at that time. The injured parties were aged between 10 and 13 when Clohessy's offending took place. The abuse primarily took the form of inappropriate touching, the court heard. In the first trial, Clohessy was convicted of 14 counts of indecent assault – 10 in relation to one boy and four in relation to a second boy on dates between 1983 and 1985. The court heard that some of the complainants had no objection to being identified.
BreakingNews.ie
24-06-2025
- BreakingNews.ie
Former school principal receives more jail time for indecently assaulting students
A former school principal jailed for indecently assaulting two students has been told he will spend a further 16 months in prison for indecent assaulting another four boys. Aidan Clohessy (85) was jailed on Mondays for four years for indecently assaulting two boys in the 1980s. Advertisement He was convicted of 19 counts of indecent assault in relation to six boys following two separate trials at Dublin Circuit Criminal Court last month. On Tuesday, Judge Martin Nolan imposed sentence in relation to the second trial, in which Clohessy was convicted of five counts of indecently assaulting four boys. Two of these counts of indecent assault related to one boy, with one count each in relation to the other three boys. All of this offending took place between 1969 and 1986. Clohessy was acquitted of three further counts of indecent assault. After hearing facts on Monday, Judge Nolan adjourned the case overnight to consider sentence and the defence's submission in relation to the totality principle. Advertisement Judge Nolan said the indecent assaults were 'undoubtedly very serious' for the injured parties, noting that many of the incidents described were 'obviously physical chastisement as well'. He said the aggravating features included that Clohessy was in a position of trust which he betrayed. The judge also noted that the injured parties were vulnerable and said Clohessy 'took advantage of their vulnerability'. He said there was some 'small mitigation', including Clohessy's age. Judge Nolan said if this was a standalone trial, and Clohessy was younger, he would impose a sentence of between three and four years. Advertisement But, the judge said the court had to take into account the totality principle and that Clohessy is already serving a sentence. He imposed a 16-month sentence, which is to run consecutive to the four year sentence imposed on Monday. This means Clohessy's has received a global sentence of five years and four months for his offending against the six injured parties. A member of the Order of St John of God, Clohessy was the principal of St Augustine's School, Blackrock, Co. Dublin from the early 1970s until 1993, when he was appointed to lead a mission in Malawi. Clohessy, with an address at the Hospitaller Order of St John of God, Granada, Stillorgan, Co. Dublin, voluntarily returned to Ireland in 2013. Advertisement The six boys were all pupils of the school. Some were boarders at the school, which catered for boys with mild to moderate learning disability at that time. The injured parties were aged between 10 and 13 when Clohessy's offending took place. The abuse primarily took the form of inappropriate touching, the court heard. In the first trial, Clohessy was convicted of 14 counts of indecent assault - 10 in relation to one boy and four in relation to a second boy on dates between 1983 and 1985. The court heard that some of the complainants had no objection to being identified. Advertisement Mr Clohessy was handed a sentence of four years in relation to the offending against these two injured parties. Imposing sentence on Monday, Judge Elva Duffy said Clohessy was 'living a life full of good deeds during the day', but was also 'an ogre' who carried out 'what can only be described as atrocities at night time, when no one could see that behaviour'. Victim impact statements were read to the court on behalf of all six injured parties during the two separate sentence hearings. They outlined how the abuse affected the men's mental health, relationships, education and later employment opportunities. In a statement read by his wife to the court, Gerard Quinn addressed Clohessy directly. 'Brother Aidan, I don't forgive you but I don't judge you anymore. That responsibility does not belong to me. 'One day, you will stand before the man you chose to serve. One day, you will stand before your maker, and on that day, you will be handed your judgement.' Another man said he struggled to learn his wedding vows or to read his children a story. Clohessy denied wrongdoing when interviewed voluntarily by gardaí, but acknowledged that corporal punishment was used in the school, including by him. He told gardaí this included striking boys on their bare buttocks, but said this was only for the most serious offences and only of those boys who were residents at the school. The investigating gardaí agreed with Ronan Kennedy SC, defending, that his client was co-operative during the investigation and has been subject to adverse publicity. Mr Kennedy said Clohessy lives 'a humble and quiet existence' and supports other members of the religious community who have significant health issues. Ireland Jury watches CCTV footage of moment man is fatally... Read More A medical report and two testimonials were handed to the court on Clohessy's behalf. Mr Kennedy asked the court to take into account his client will find custody more difficult due to his age and health issues. He submitted that his client would have to live with the stigma of being a sex offender and has already been subject to negative publicity. 'In many respects, he was already condemned and judged in the court of public opinion before he was ever tried in this court,' Mr Kennedy said.
BreakingNews.ie
16-05-2025
- BreakingNews.ie
Man avoids jail after three-year campaign of coercive control
A man who subjected his wife to a three-year campaign of coercive control has been given a three-year suspended sentence. Ian Barry (44), of the Ashes, Trimleston, Goatstown, Dublin 14, was sent forward from the District Court on a signed guilty plea of coercive control on dates between 2019 and 2022 at another address in south Dublin. Advertisement Dublin Circuit Criminal Court heard evidence that Barry was verbally abusive towards the victim, calling her names including 'Adolf' and a 'liar'. Barry also subjected her to physical violence by throwing objects at her. He exerted financial control over her, forcing her to account for every penny spent, the court heard. She was occasionally given a bank card to use to buy groceries, but Barry directed a set amount of her to spend. She also had to return with four bags of groceries, and Barry would inspect the receipts. In 2019, Barry insisted she use her income from her new part-time job to pay for their groceries, instead of the bank card. He also sought to control and monitor her movements into and out of their then-home. Advertisement Sentencing Barry on Friday, Judge Martin Nolan said it was a 'close run thing' but he had decided not to jail Barry. He said he made this decision to give Barry a chance due to mitigating factors, including his previous good record. 'If you harass your wife or in any way make her life miserable, you'll be brought back to this court and you won't escape that time,' the judge told Barry. He told Barry: 'Your behaviour was disgraceful' and 'You have a lot to make up for.' He handed down a three-year sentence and suspended it on a number of conditions. Advertisement The court heard that after their relationship ended in early 2022 and Barry had left their home, he continued to use a Ring doorbell camera to monitor the house. He accessed it 32 times in one day, the court was told. The injured party later removed it. Garda Ciara Larkin told Emer Ní Chúagáin BL, prosecuting, that the couple were married for 17 years, but are now separated. The victim made a complaint to gardaí in late 2022. She outlined a pattern of coercive control in the final years of the relationship. Advertisement She said it began with Barry calling her names, and using abusive language towards her. Threatening behaviour He also used threatening behaviour, including raising his fist, or leaning forward as if to headbutt her, though he did not follow through on these threats. Barry would be verbally abusive in some situations including if he wasn't happy with meals or considered the house untidy. When the injured party expressed concerns, Barry told her to 'fuck off, no one was listening'. She told gardaí she felt embarrassed and humiliated when Barry made remarks in front of others. Advertisement While working from home during the Covid-19 pandemic, Barry would observe the woman's movements into and out of the house from an upstairs window. The woman started a new job during the period of Barry's offending. She told gardaí that Barry was pleased about the extra income for the household, but unhappy she was working. Barry berated her for issues that arose while she was working. He also kicked the dishwasher if it wasn't empty and threw meals on the floor or in the bin if he wasn't happy with them. Physical violence Gda Larkin outlined four specific instances of physical violence by Barry towards his then-wife between 2019 and 2022. In the first incident, Barry threw a toilet roll at the victim while they were in the kitchen. It hit her eye and she had a mark afterwards. She was crying and in shock afterwards. Separately, Barry threw a TV remote at her, hitting her collarbone. She got a fright and left the room crying. In another incident, Barry - who had been drinking - pushed an office chair into her back, while she was cleaning on the floor in a bedroom. The injured party suffering bruising and pain. Another incident of violence occurred around Christmas 2021, when Barry jabbed his fingers into the injured party's spine, after being verbally abusive and aggressive towards her. Barry would be apologetic for a time after each of these incidents, before resuming his previous behaviour, Gda Larkin said. The woman had to ask Barry's permission to leave the house to meet her sister and he would often become verbally abusive. The court heard evidence that on multiple occasions, Barry asked her 'what's in it for me' as an attempt to exchange sex for permission to leave the house. The injured party told gardaí she consented to sex in these situations, but felt it was a way to placate him when he didn't want her to leave the house. A victim impact statement was provided to the court and not read aloud. Barry was voluntarily interviewed by gardaí in July 2023, and denied the allegations of coercive control. He told gardaí he was 'not a perfect husband' but added that he 'hadn't done anything to warrant being in a garda station'. He said he had 'never laid a finger' on the injured party. When asked about the specific instances of physical violence, Barry described them as accidents. He admitted calling the woman names during arguments, saying she was antagonising him. He called himself as a 'victim' who was 'being provoked' by the injured party. Gda Larkin agreed with Silvia-Maria Crowley BL, defending, that her client co-operated with the investigation. Ms Crowley put it to the garda that the couple were in financial difficulties at the time. Gda Larkin said she was not aware of this, but noted that the couple's financial liabilities were in Barry's name. It was also accepted that Barry has not come to recent negative garda attention. Ireland Thief who faked her own death faces risk assessmen... Read More Ms Crowley asked the court to take into account her client's very early guilty pleas, remorse, shame and acceptance of responsibility. Several letters and other documents were handed to the court. Barry works as a senior software engineer. Ms Crowley said her client was under financial stress and worried about a debt of around €85,000. He repaid €30,000 over a five-year period as part of personal insolvency arrangement. Her client did not recognise his actions at the time as coercive control, but now realises his behaviour was 'intolerable', counsel said.
