Courts / Kildare / Report

Man who raped 11-year-old girl should not be jailed as he was minor at time of assaults, defence argues

Summary

In an appeal-stage procedural context, the Central Criminal Court addressed the sentencing of a 23-year-old Kildare man who pleaded guilty to two counts of sexual assault and two counts of oral rape committed against an 11-year-old victim between 2008 and 2009. The defendant, who was 15 at the time of the offences, admitted the charges in July 2016, with pleas accepted on the basis that the abuse occurred more frequently than the four listed incidents. Defence counsel Hugh Hartnett SC argued that under the 2001 Children's Act, detention must be a last resort for juveniles, urging a non-custodial sentence given the offender's age, remorse, and lack of prior convictions. Prosecution counsel Mary Rose Gearty SC highlighted the victim's testimony that the abuse destroyed her childhood and self-confidence. Mr Justice Tony Hunt acknowledged the case was "finely balanced" and distinct from typical rape sentencing, noting the Court of Appeal had recently overturned a suspended sentence for Norwegian Magnus Meyer Hustveit, who pleaded guilty to repeatedly raping his partner while she slept. Mr Justice Hunt adjourned the case to November 28 for sentence, remanding the defendant on continuing bail while explicitly stating that this bail decision was not an indication of the eventual sentence.

Who, what, where, when and why

What: Report matter: Man who raped 11-year-old girl should not be jailed as he was minor at time of assaults, defence argues. Charges or matters: repeatedly raping his then partner while she slept; two counts of sexual assault in a shed at his home in Co; oral rape at his home in April 2009 and in a woodland near his home in May 2009; the four charges in July 2016 when his case was listed for trial but that an offer to plead guilty had been made previously. Procedural stage: appeal

When:

• December 2008 Incident
• April 2009 Incident
• May 2009 Incident
• November 28 Adjournment
• July 2016 Hearing Or Sentence
• 2016-11-15 Publication

Why: Lawyers for a Kildare man who raped an eleven year old girl have said he should not be jailed because he was a minor at the time of the assaults. CNI source report

Case subjects

Places mentioned

Topics

Sexual Offences Stage Appeal Violent Crime

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Read the original CNI report