Courts / Dublin / Report

10-year sentence for man who abused grandnieces is upheld

Date
2018-07-26
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Francis Rafferty, 68, of Drumcondra, was convicted at the Central Criminal Court of two counts of raping a girl aged nine to twelve and of sexually assaulting her older sister, while acquitted of two other rape charges. He had pleaded guilty to sexually assaulting the younger girl. The court imposed concurrent sentences totalling ten years imprisonment. Ms Justice Margaret Heneghan noted a Probation Service report that Rafferty had no understanding of the hurt, trauma or long‑term effect of his actions, and that he could not equate his own childhood abuse with that of his victims. The Court of Appeal upheld the sentence, finding it within the range available to the judge, and dismissed Rafferty's appeal. The decision was delivered by Mr Justice George Birmingham, joined by Mr Justice John Edwards and Mr Justice John Hedigan.

Who, what, where, when and why

What: Report matter: 10-year sentence for man who abused grandnieces is upheld. Charges or matters: sexually assaulting one girl when she was aged between nine and 12 years old between 2005 and 2008. Procedural stage: appeal. Findings: Acquitted

When:

Case subjects

Francis Rafferty

Convicted Person

Charges: sexually assaulting one girl when she was aged between nine and 12 years old between 2005 and 2008 (Admitted)

Plea: Guilty

Finding: Acquitted

Outcome: Acquitted; Handing down concurrent sentences totalling 10 years imprisonment, Ms Justice Margaret Heneghan noted a report from the Probation Service which stated that Rafferty had no understanding of the hurt, trauma or long term effect of his actions on his victims. Mr Justice Birmingham, who sat with Mr Justice John Edwards and Mr Justice John Hedigan, said the effective sentence of 10 years did not fall outside the range available to the Circuit Court judge having regard to the gravity of the offending.

Places mentioned

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

Topics

Stage Appeal

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