Courts / Cavan / Report

Pearse McAuley has jail sentence increased for "horrifying" attack on wife

Date
2016-11-07
Stage
Appeal
Primary locality
Kilnaleck
County
Cavan

Summary

An appeal has been heard in the Court of Appeal regarding the sentence imposed on Pearse McAuley for seriously assaulting and falsely imprisoning his estranged wife, Pauline Tully, and other related offences committed at their former home in Kilnaleck, Co Cavan on Christmas Eve 2014. McAuley, who pleaded guilty to the charges, was initially sentenced to 12 years imprisonment with the final four years suspended by Judge John Aylmer on December 2, 2015. The Court of Appeal found that the effective sentence of eight years was 'unduly lenient' and re-sentenced McAuley to 12 years imprisonment with the final two years suspended. Appeal Mr Justice Seán Ryan noted that the headline sentence of 12 years was 'modest' given the 'horrifying circumstances' of the case, but the Director of Public Prosecutions did not contest the headline sentence. Rather, the DPP's barrister, Monica Lawlor BL, argued that the effective sentence was too lenient. The matter was adjourned for further consideration.

Who, what, where, when and why

What: Report matter: Pearse McAuley has jail sentence increased for "horrifying" attack on wife. Charges or matters: seriously assaulting and falsely imprisoning his estranged wife Pauline Tully as well as other related offences committed at the home they previously shared in Kilnaleck, Co Cavan on Christmas Eve 2014. Procedural stage: appeal

When:

Case subjects

Appeal Mr Justice Seán

Applicant

Outcome: Appeal Mr Justice Seán Ryan, said the headline sentence of 12 years seemed "modest" in view of the "quite horrifying circumstances of his case" but the DPP had not taken issue with the headline sentence. Rather, the DPP's barrister, Monica Lawlor BL, submitted that the effective sentence or jail term of eight years was too lenient.

Pearse McAuley

Appellant

Charges: seriously assaulting and falsely imprisoning his estranged wife Pauline Tully as well as other related offences committed at the home they previously shared in Kilnaleck, Co Cavan on Christmas Eve 2014 (Admitted)

Plea: Guilty

Outcome: He was sentenced at Cavan Circuit Criminal Court to 12 years imprisonment with the final 4 suspended by Judge John Aylmer on December 2, 2015. Counsel for the Director of Public Prosecutions, Monica Lawlor BL, who brought the appeal, said an issue had arisen in respect of McAuley's time spent in custody since being sentenced.

Places mentioned

Secondary Mention
Court Venue
  • Cavan
  • Cavan Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal

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