At Cavan Circuit Criminal Court

2021-11-18 · Cavan

Violent attacker who had it 'in his mind' to rape victim (85) has sentence increased

A man from Ballyjamesduff, Co Cavan, has had his prison sentence increased following an appeal by the Director of Public Prosecutions. Shane Smith (32) pleaded guilty to sexually assaulting an elderly woman at her home in April 2018 after forcibly entering the property early in the morning and restraining her on her bed. He also admitted falsely imprisoning the same victim. At Cavan Circuit Criminal Court in November 2020, he received four years and six months for sexual assault and one year and ten months for false imprisonment, both to run concurrently. Smith had additionally pleaded guilty to assaulting a man with a shovel and knife in November 2018. The DPP appealed on grounds of undue leniency. The Court of Appeal found that the trial judge erred in principle by imposing concurrent rather than consecutive sentences. The court increased the overall sentence to seven years, with the final twelve months suspended, determining the original sexual assault sentence was too lenient.

2021-11-16 · Cavan

Violent attacker said it was 'in his mind' to rape victim (85)

A man from Ballyjamesduff, County Cavan, is the subject of a Director of Public Prosecutions appeal against sentence at the Court of Appeal. Shane Smith, aged 32, had pleaded guilty to sexually assaulting an elderly woman during a break-in at her home on 6 April 2018, and to falsely imprisoning her. He also admitted assaulting a man with a shovel and knife on 23 November 2018. At Cavan Circuit Criminal Court in November 2020, Smith received concurrent sentences totalling four years and six months for the sexual assault, one year and ten months for false imprisonment, and three years for the assault. The DPP argues the sentences were unduly lenient, contending they should have been consecutive and substantially longer, citing aggravating factors including the victim's age and the premeditated nature of the attacks. Smith's counsel contends the sentencing was appropriate and highlights his guilty plea and mental health history. Judgment has been reserved.