Courts / Dublin / Report
Approach to sentencing for indecent assault upheld
Summary
A 53‑year‑old man who sexually abused his younger sister 16 times between 1983 and 1987, when she was aged 7 to 11, was found guilty by a jury at the Dublin Circuit Criminal Court and sentenced to nine years' imprisonment by Judge Martin Nolan on 12 January 2015. The man, who pleaded not guilty, appealed the severity of the sentence. Mr Justice George Birmingham dismissed the appeal, stating the abuse began around the time of the victim's first communion and occurred roughly four or five times a week, amounting to "in excess of a couple of hundred times." He noted aggravating factors such as the sibling relationship, the duration spanning a significant part of the victim's childhood, and the frequency of abuse. The judge's approach of imposing a substantial sentence on one count while considering the others was deemed permissible, and the appeal was rejected. The sentence remained within the maximum 10‑year scale.
Who, what, where, when and why
What: Report matter: Approach to sentencing for indecent assault upheld. Charges or matters: 16 sample counts of indecently assaulting his sister at the family home on dates between March 1, 1983 and March 1, 1987, when she was aged between 7 and 11 and he was aged between 21 and 25. Procedural stage: appeal. Findings: Found guilty
When:
- March 1, 1983 Hearing Or Sentence
- March 1, 1987 Hearing Or Sentence
- January 12, 2015 Incident
- 2016-10-06 Publication
Case subjects
Appellant
Charges: 16 sample counts of indecently assaulting his sister at the family home on dates between March 1, 1983 and March 1, 1987, when she was aged between 7 and 11 and he was aged between 21 and 25 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at Dublin Circuit Criminal Court and sentenced to nine years imprisonment by Judge Martin Nolan on on January 12, 2015.
Places mentioned
- Dublin
- Dublin Circuit Criminal Court
Topics
Sexual Offences Stage Appeal Violent Crime
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