Courts / Kildare / Report

Man who defiled girl at sleepover has jail term cut

Date
2017-05-26
Stage
Appeal
Primary locality
Kildare
County
Kildare

Summary

A 42‑year‑old man was convicted at Naas Circuit Criminal Court of defilement of a child and sexual assault against a 14‑year‑old schoolgirl who was staying for a sleepover at her friend's house. He pleaded guilty to five counts in January and February 2014. Judge Michael O'Shea imposed an effective eight‑year sentence on 4 December 2015. On appeal, the Court of Appeal suspended the final twelve months of that term, citing the early guilty plea as a mitigating factor that should have been specifically addressed in the original sentence. The appeal judge, Mr Justice George Birmingham, noted the victim's Asberger's Syndrome and the severe impact of the offence, but upheld the eight‑year term with a suspended year, leaving a three‑year post‑release supervision period in place. The case involved a significant age gap and grooming elements, with the offender's partner being the victim's friend's mother.

Who, what, where, when and why

What: Report matter: Man who defiled girl at sleepover has jail term cut. Charges or matters: five counts at Naas Circuit Criminal Court including defilement of a child and sexual assault at a location in Co Kildare on dates in January and February 2014. Procedural stage: appeal

When:

Case subjects

Unnamed 14-year-old

Appellant

Charges: five counts at Naas Circuit Criminal Court including defilement of a child and sexual assault at a location in Co Kildare on dates in January and February 2014 (Admitted)

Plea: Guilty

Outcome: A man who defiled a 14-year-old schoolgirl, who was sleeping over at her friends house, has had the final year of his prison sentence suspended on appeal. Mr Justice Birmingham said it was not clear how the mitigating factors, particularity the early guilty plea, impacted on the sentence that was actually imposed.

Places mentioned

Court Venue
  • Naas
  • Naas Circuit Criminal Court
  • Court of Appeal
Incident
Residence
  • Appeal's view
Secondary Mention

Topics

Stage Appeal Violent Crime

Related court reports

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