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Sunday school teacher has sex abuse sentence cut on appeal
Summary
Thomas Garvan, aged 64, of Corbally Glade, Westborrk Glen, Tallaght, was sentenced to four‑and‑a‑half years in prison on 23 March 2017 for seven counts of sexually assaulting an 11‑year‑old boy between December 1996 and October 1999. The boy, aged 11 to 14 at the time, was a member of a religious congregation where Garvan taught Sunday school and was a trusted friend of the family. Garvan pleaded guilty early, a factor the Court of Appeal considered significant. The Court of Appeal, in a three‑judge panel headed by Justice Alan Mahon, held that insufficient credit had been given for the guilty plea and reduced the sentence by 25 %. Garvan was resentenced to three years and nine months imprisonment. The appeal did not alter the nature of the offences or the victim's impact, merely the length of custodial time imposed.
Who, what, where, when and why
What: Report matter: Sunday school teacher has sex abuse sentence cut on appeal. Charges or matters: seven counts of sexually assaulting the boy on dates between December 1996 and October 1999; the prosecution in circumstances where a number of charges had to be withdrawn because they could not have been committed by the then accused at a particular address. Procedural stage: appeal
When:
- December 1996 Hearing Or Sentence
- October 1999 Hearing Or Sentence
- March 23, 2017 Incident
- July 2016 Incident
- 2018-03-06 Publication
Why: Giving judgement in the three-judge court, Mr Justice Alan Mahon said Garvan had pleaded guilty at an early opportunity, which was of significant value to the prosecution in circumstances where a number of charges had to be withdrawn because they could not have been committed by the then accused at a particular address. Prosecution account reported by CNI
Case subjects
Appellant
Charges: seven counts of sexually assaulting the boy on dates between December 1996 and October 1999; the prosecution in circumstances where a number of charges had to be withdrawn because they could not have been committed by the then accused at a particular address (Admitted)
Plea: Guilty
Outcome: He was sentenced to four-and-a-half years imprisonment by Judge Martin Nolan on March 23, 2017 The maximum sentence for the offence was five years. Garvan successfully appealed his sentence today, with the Court of Appeal holding that insufficient credit was given for the guilty plea.
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