Courts / Dublin / Report

Judge criticises media commentary on rape sentences

Date
2018-05-01
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

During a sentencing hearing on 1 May 2018, Mr Justice Tony Hunt criticised media commentary that described rape sentencing as "opaque and not transparent". He was sentencing a 30‑year‑old man who had sexually molested his 13‑year‑old cousin when he was 15. The judge imposed a 14‑month jail term, citing a Court of Appeal decision that reduced the headline sentence for rape from four years to two years and six months on the basis of the offender's immature age at the time of the offence. Mr Justice Hunt noted that the Court of Appeal had previously reduced a similar case involving a 15‑year‑old to 18 months with six months suspended, and that sentencing decisions are firmly based on Court of Appeal rulings. He also highlighted the offender's employment history, education and young children, and the lack of genuine remorse shown. The unnamed 30-year-old pleaded not guilty and was convicted.

Who, what, where, when and why

What: Report matter: Judge criticises media commentary on rape sentences. Charges or matters: five charges of sexual assault and one charge of attempted rape at a house in Dublin on a date in June or July of 2003. Procedural stage: appeal. Findings: Convicted

When:

Case subjects

Unnamed 30-year-old

Appellant

Charges: five charges of sexual assault and one charge of attempted rape at a house in Dublin on a date in June or July of 2003 (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted; He jailed the 30-year-old man for 14 months after citing a Court of Appeal decision which reduced the headline sentence for rape from four years to two years and six months on the basis of that man's immature age at the time of the attack. Last July, the Court of Appeal reduced the sentence imposed by Mr Justice Hunt, ultimate reducing it, after other mitigating factors, to 18 months with six suspended.

Places mentioned

Court Venue
  • High Court
  • Court of Appeal
  • Central Criminal Court
Incident

Topics

Stage Appeal

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