Courts / Dublin / Report

Jail term cut for man who abused sister as a teenager

Date
2018-01-26
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Brian Butler, aged 32, pleaded guilty in the Central Criminal Court to sexually assaulting and orally raping his younger sister between January 2000 and December 2002, when he was 14 to 17 and she was nine to twelve. The abuse was discovered after the sister confided in a friend, leading to family notification and social services involvement. Butler attended therapeutic services for child sex offenders, and a formal complaint was made to the Gardaí in 2013. In November 2016, Mr Justice Patrick McCarthy sentenced him to six years' imprisonment with four years of post‑release supervision, including participation in sexual offenders programmes. On appeal, the Court of Appeal quashed the original sentence and imposed a new six‑year term, suspending the final two years, citing insufficient consideration of Butler's rehabilitation progress and mitigating factors. The headline sentence remained eight years, deemed appropriate for a minor offender with aggravating circumstances.

Who, what, where, when and why

What: Report matter: Jail term cut for man who abused sister as a teenager. Charges or matters: sexual assault and oral rape of his sister at their family home on dates between January 2000 and December 2002. Procedural stage: appeal

When:

Case subjects

Brian Butler

Defendant

Charges: sexual assault and oral rape of his sister at their family home on dates between January 2000 and December 2002 (Admitted)

Plea: Guilty

Outcome: In November 2016, Mr Justice Patrick McCarthy sentenced Butler to six years imprisonment including four years post release supervision to include participation in sexual offenders programs. He had the final two years of a new six-year sentence suspended following a successful appeal today, with the Court of Appeal holding that there was nothing in the sentence to incentivise his continued rehabilitation.

Places mentioned

Secondary Mention
Court Venue
  • Central Criminal Court
  • The Central Criminal Court
  • Court of Appeal

Topics

Stage Appeal

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