Courts / Kilkenny / Report

"New depths of depravity": convicted killer loses appeal over violent sex assault

Date
2018-07-03
Stage
Appeal
Primary locality
Kilkenny
County
Kilkenny

Summary

Walter Morrissey has lost his appeal against the severity of his sentence for aggravated sexual assault and intentionally or recklessly causing serious harm to his former partner. The Court of Appeal, presided over by Mr Justice John Edwards with Mr Justice John Hedigan and Mr Justice Patrick McCarthy, dismissed the appeal without hesitation. Morrissey, 74, was found guilty by a jury of assaulting a woman in Kilkenny between December 1 and 8, 2011. Medical evidence indicated he used his fist to cause severe injuries, which a gynaecologist described as comparable to machete rape in sub-Saharan Africa, stating self-infliction was impossible. In 2013, Mr Justice George Birmingham sentenced Morrissey to 13 years imprisonment, describing him as cunning, devious, and manipulative. Counsel Seán Gillane SC argued the sentence was excessive compared to typical rape cases. However, the appellate court found the sentence lenient, noting the case fit within a 15-year-to-life category before a generous four-year reduction for age. The court stated the depravity reached new depths. Morrissey's criminal history includes a 1977 conviction for the double manslaughter of Francis McEnery and his son Marcus, and a 1999 conviction for seven counts of indecent assault. He previously lost an appeal against his conviction for the current sexual assault charges in May.

Who, what, where, when and why

What: Report matter: "New depths of depravity": convicted killer loses appeal over violent sex assault. Charges or matters: the double manslaughter of a father and son by deliberately driving his car into them; seven counts of indecent assault of a woman. Procedural stage: appeal. Findings: Found guilty

When:

Case subjects

Francis McEnery

Appellant

Charges: seven counts of indecent assault of a woman (Alleged Or Contested)

Walter Morrissey

Convicted Person

Charges: the double manslaughter of a father and son by deliberately driving his car into them; seven counts of indecent assault of a woman (Proven)

Finding: Found guilty

Outcome: Found guilty; That degree of force, impossible." Sentencing him to 13 years imprisonment in 2013, Mr Justice George Birmingham described Morrissey as a cunning, devious, and manipulative man who represents a significant threat to the public. Counsel for Morrissey, Seán Gillane SC, had submitted that few rape cases would attract a 13 year sentence and was typically higher than a sentence for attempted murder.

Places mentioned

Court Venue
  • The Central Criminal Court
  • Court of Appeal
Journey Or Route

Topics

Stage Appeal Violent Crime

Related court reports

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