Courts / Ireland / Report

Ex-priest who abused niece avoids jail for second time in "rare and exceptional" case

Date
2016-11-22
Stage
Appeal

Summary

An ex‑priest aged 60, who had sexually abused his niece between 1979 and 1985 when she was six to thirteen, pleaded guilty to 12 counts. Judge Pat McCartan imposed wholly suspended 18‑month sentences on 1 March 2016. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient. The Court of Appeal, with Mr Justice Alan Mahon, upheld the judge's discretion. Mr Justice Mahon noted the offender had informed his bishop, cooperated with Church authorities, sought laicisation in 1994, left the priesthood in 1995, moved to London, married, and engaged in counselling. He had also avoided contact with his niece and lived in the UK. The Court found an error in the maximum sentence for counts after 5 June 1981, quashed those sentences, and re‑sentenced him to four years imprisonment, wholly suspended. He entered a good‑behaviour bond for the suspended period. The victim, now an adult, has largely turned her life around.

Who, what, where, when and why

What: Report matter: Ex-priest who abused niece avoids jail for second time in "rare and exceptional" case. Charges or matters: 12 counts of sexually assaulting his niece on dates between 1979 and 1985 when she was aged between six and 13 and he was in his 20s. Procedural stage: appeal

When:

Why: Nothing further appears to have been done at that time because of the reluctance of the victim's parents to pursue the matter, Mr Justice Mahon said. CNI source report

Case subjects

Unnamed 60-year-old

Appellant

Charges: 12 counts of sexually assaulting his niece on dates between 1979 and 1985 when she was aged between six and 13 and he was in his 20s (Admitted)

Plea: Guilty

Outcome: It was necessary for the court to quash the sentences imposed in respect of those counts. He was re-sentenced to four years imprisonment but these were suspended in their entirety.

Places mentioned

Court Venue
  • Court of Appeal

Topics

Stage Appeal

Read the original CNI report

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