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.