Courts / Offaly / Report

Teacher withdraws appeal against sentence for raping student after court warns of "full powers"

Summary

Kevin Carroll, a drama teacher from Birr, Co Offaly, withdrew his appeal against the severity of his sentence after the Court of Appeal warned it had the power to increase his term. Carroll, 58, had pleaded not guilty to two categories of raping a girl aged between six and eight at an Offaly school between 1996 and 1998. He was found guilty on both counts by a jury at the Central Criminal Court and sentenced to 10 years imprisonment by Ms Justice Margaret Heneghan on February 26, 2016. Carroll previously lost an appeal against his conviction in July. During today's proceedings, President of the Court of Appeal Mr Justice George Birmingham told Carroll's lawyers that the court possessed its "full range of powers." Later that morning, Carroll's barrister, Roderick O'Hanlon SC, informed the court that the appeal against the sentence was being withdrawn. The three-judge panel, which included Mr Justice John Hedigan and Ms Justice Marie Baker, had earlier dismissed Carroll's unsuccessful appeal against his conviction. In that decision, the court rejected the defence argument that a juror's facial expression constituted improper communication, stating that such reactions are part of the human element of jury trials and did not interfere with the process. The court found the trial satisfactory and the verdict safe.

Who, what, where, when and why

What: Report matter: Teacher withdraws appeal against sentence for raping student after court warns of "full powers". Charges or matters: two categories of raping the girl at the Offaly school on a date between 1996 and 1998 when she was aged between six and eight. Procedural stage: appeal. Findings: Found guilty

When:

• February 26, 2016 Hearing Or Sentence
• 1996 and 1998 Other
• 2018-11-05 Publication

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report