Courts / Ireland / Report

Abuse victims "entitled to closure", appeal court finds

Summary

The Court of Appeal has refused an application by an unnamed 45-year-old man for an extension of time to appeal his sentence. The defendant, whose identity is protected to preserve victim anonymity, pleaded guilty at the Central Criminal Court to representative counts of rape, sexual assault, and anal rape committed between 1989 and 2001. He was sentenced to consecutive terms totalling 14 years on November 11, 2016, for abusing three young relatives. His counsel, Roderick O'Hanlon SC, argued the client intended to appeal within the 28-day window but was overwhelmed by the sentencing process and incarceration. However, the application was lodged in March 2018, approximately 16 months late. President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Máire Whelan, rejected the request. The court held that the victims were entitled to closure and that reopening the case so long after the fact would deny them the ability to move forward. The judges noted that no discrete grounds of appeal were identified beyond a formulaic claim that the sentence was severe. The panel emphasized the public interest in finality and the necessity of allowing victims to put the matters behind them, thereby refusing the extension of time.

Who, what, where, when and why

What: Report matter: Abuse victims "entitled to closure", appeal court finds. Charges or matters: representative counts of rape, sexual assault and anal rape on dates between 1989 and 2001. Procedural stage: appeal

When:

• November 11, 2016 Hearing Or Sentence
• March 2018 Hearing Or Sentence
• 1989 and 2001 Incident
• 2018-11-05 Publication

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report