Courts / Limerick / Report

Man "overwhelmed by the enormity" of being jailed for abusing nephew seeks to lodge appeal 17 months late

Summary

The Court of Appeal has adjourned an application by a 43-year-old man to extend the time limit for appealing his sentence. The appellant, whose identity is protected, pleaded guilty at the Central Criminal Court to the rape and sexual assault of his nephew in Limerick during the 1990s. He was sentenced to eight years' imprisonment, with the final two years suspended, by Ms Justice Isobel Kennedy in October 2015. His counsel, Diarmuid Collins BL, argued that the 17-month delay in lodging the appeal was not excessive and that the appellant was "overwhelmed by the enormity" of the events, lacking the emotional strength to appeal earlier. Counsel for the Director of Public Prosecutions, Úna Tighe BL, opposed the extension, citing the victim's interest in finality and arguing that the appellant's claimed lack of strength indicated a prior decision not to appeal. The panel, comprising Mr Justice George Birmingham, Mr Justice Alan Mahon, and Mr Justice John Edwards, noted that while there is no statutory time limit, Superior Court rules generally allow 28 days. Mr Justice Birmingham referenced the Supreme Court's decision in the case of Nicky Kelly, who was sentenced to 12 years' penal servitude, to establish that extensions must be guided by the justice of the case and the victim's interest in finality. The court was not persuaded at this stage that the interests of justice were served by extending time based on current information. Consequently, the matter was adjourned to the next list to fix dates, with the court prepared to review the application if further information is provided.

Who, what, where, when and why

What: Report matter: Man "overwhelmed by the enormity" of being jailed for abusing nephew seeks to lodge appeal 17 months late. Procedural stage: appeal

When:

• October 27, 2015 Incident
• 2017-07-25 Publication

Why: The man did not lodge an appeal against the severity of his sentence because, it was claimed, he was "overwhelmed by the enormity" of what had occurred and lacked the emotional strength to appeal. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Related court reports

• Manager at global IT firm denies company 'lied' about position of former Irish employee
• High Court refuses to surrender Limerick man wanted for alleged human trafficking in Greece
• Tipperary man admits attempted murder
• Volunteer who said he was sacked for warning Church officials of 'rogue' relic traders can't pursue case, WRC rules
• Appearance of tips machine in cafe that pulled in €5k unexplained, tribunal notes
• 'You've to get the morning after pill': man who was 18 when he raped girl (15) gets seven years

Read the original CNI report