Courts / Mayo / Report

Elderly abuser has sentence cut on appeal

Date
2017-06-19
Stage
Appeal
Primary locality
Castlebar
County
Mayo

Summary

A 78-year-old American resident has had his prison sentence reduced following a successful appeal at the Court of Appeal in Dublin. The man, who cannot be identified for legal reasons, pleaded guilty at Castlebar Circuit Criminal Court to sexual assault, possession of child pornography, and attempted buggery of a minor between 2000 and 2005. He was originally sentenced to eight-and-a-half years imprisonment in June 2016. The Court of Appeal reduced his sentence to five years, finding that the sentencing judge had insufficiently considered his age and serious medical conditions, which render him largely wheelchair dependent. Mr Justice Alan Mahon stated that while the offences were very serious and involved grooming and abuse of a teenager, courts must give appropriate consideration to the health difficulties of elderly offenders. The three-judge court determined that without these mitigating factors, a sentence of approximately eight years would have been imposed.

Who, what, where, when and why

What: Report matter: Elderly abuser has sentence cut on appeal. Charges or matters: two counts of sexual assault, two counts of possessing child pornography and one count of attempted buggery of a person under the age of 17 at various locations on dates between 2000 and 2005; the sentencing judge, while the jury were waiting in their room. Procedural stage: appeal

When:

Case subjects

Unnamed man

Appellant

Charges: two counts of sexual assault, two counts of possessing child pornography and one count of attempted buggery of a person under the age of 17 at various locations on dates between 2000 and 2005; the sentencing judge, while the jury were waiting in their room (Admitted)

Plea: Guilty

Outcome: A wheelchair dependent man, jailed for sexually abusing a teenager whose family he visited from America over several summers, has had his prison sentence cut on appeal. He was sentenced to eight-and-a-half years imprisonment by Judge Rory McCabe on June 14, 2016.

Places mentioned

Court Venue
  • Castlebar
  • Castlebar Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal Violent Crime

Related court reports

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