Appeal court cuts man’s sentence for defiling 14-year-old girl to two years

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

The Court of Appeal reduced a man’s sentence for defiling a 14-year-old girl to two years’ imprisonment, with 12 months of supervision after his release. The appeal proceedings were reported on October 30, 2018.

He pleaded guilty at Dublin Circuit Criminal Court to one count of engaging in a sexual act with a girl under 15. The offence took place on July 17, 2015. He cannot be named to protect the girl’s identity.

Judge Melanie Greally sentenced him in November 2017 to four years’ imprisonment, suspending the final 12 months. She credited his guilty plea, previous good character, cooperation with gardaí, remorse, upbringing and limited intellectual capacity.

The court heard that the man, then 19, had agreed to bring the girl home after a teenage disco. She was intoxicated and unwell. After collecting her, he made her perform oral sex in his car. He later apologised and made admissions to gardaí.

Court of Appeal President Mr Justice George Birmingham said the girl’s condition was a cause for serious concern. He said that, because she was close to her 15th birthday, the sentencing judge should not have chosen a starting point above five years. The maximum was life imprisonment for the offence; it would have fallen to five years had the girl been 15.

Mr Justice Birmingham set a four-year headline sentence and reduced it by two years for mitigating factors, including the man’s apology, admissions, guilty plea, remorse, background and intellectual limitations. He sat with Mr Justice Michael Peart and Mr Justice Brian McGovern.