Courts / Tipperary / Report
Judge commends bravery of abuse victims for coming forward
Summary
In a judgment on 11 November 2016, Mr Justice Alan Mahon dismissed an appeal against the 14‑year prison sentence imposed on a 53‑year‑old man for multiple sexual offences. The man had pleaded guilty to one count of rape and six counts of sexual assault of his sister, aged five to nine, between 1978 and 1981, and to five counts of defilement of a child, one count of oral rape and three counts of sexual assault of his niece, aged 14, between 2005 and 2007. Mr Justice Patrick McCarthy had originally imposed consecutive sentences of seven years each, suspending the final two years, on 6 July 2015. The appeal argued that the judge had misjudged the gravity of the offences and ignored mitigating factors; the Court of Appeal upheld the original sentence as "reasonable and appropriate".
Who, what, where, when and why
What: Report matter: Judge commends bravery of abuse victims for coming forward. Charges or matters: one count of rape and six counts of sexual assault of his sister at their family home in Tipperary between 1978 and 1981; five counts of defilement of a child, one count of oral rape and three counts of sexual assault of his niece at different locations around the county between 2005 and 2007. Procedural stage: appeal
When:
- July 6, 2015 Hearing Or Sentence
- 1978 and 1981 Incident
- 2005 and 2007 Incident
- 2016-11-11 Publication
Why: In an effort to provide a degree of justice to the victims of serious sexual abuse and in order to deter such offending, the courts, in general, take a tough line in relation to sentencing for these types of offences, Mr Justice Mahon said. CNI source report
Case subjects
Defendant
Charges: one count of rape and six counts of sexual assault of his sister at their family home in Tipperary between 1978 and 1981; five counts of defilement of a child, one count of oral rape and three counts of sexual assault of his niece at different locations around the county between 2005 and 2007 (Admitted)
Plea: Guilty
Outcome: Mr Justice Patrick McCarthy imposed consecutive sentences of seven years each for the offences against the two victims, suspending the final two years, on July 6, 2015. Comparing cases and the sentences imposed in the context of consistency is a difficult exercise, Mr Justice Mahon said, as there is often a significant variation in the facts of the many cases that come before the courts.
Places mentioned
- Court of Appeal
Topics
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