Courts / Dublin / Report

Rapist husband has jail sentence increased despite wife's plea for clemency

Date
2019-10-15
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

In 2015 a 38‑year‑old man raped his wife at their Dublin home. He was convicted at the Central Criminal Court and originally sentenced to five years' imprisonment with two years suspended. The Court of Appeal found the sentence too lenient and increased it to seven‑and‑a‑half years with two years suspended. The judge noted the offence was aggravated by a breach of trust and the victim's fear and humiliation. The wife had pleaded for clemency, arguing that imprisonment would add to her suffering, but the Court of Appeal considered the crime an attack on society and set the headline sentence at seven‑and‑a‑half years, suspending the final two years as before. The decision was delivered by Justice Isobel Kennedy, Justice George Birmingham and Justice John Edwards.

Who, what, where, when and why

What: Report matter: Rapist husband has jail sentence increased despite wife's plea for clemency. Procedural stage: appeal. Findings: Found guilty

When:

Why: He said she "regretted" making the complaint only because she didn't realise what the consequences would be. CNI source report

Case subjects

Unnamed 38-year-old

Convicted Person

Finding: Found guilty

Outcome: Found guilty; A man jailed for raping his wife after she asked a judge not to send him to prison has had his sentence increased by the Court of Appeal. He submitted that the sentencing judge could have imposed a wholly suspended sentence on strict conditions to "avoid any repetition" of the offences. "Some people might say" the woman's plea for clemency was "foolish" but it was in the case.

Places mentioned

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

Topics

Stage Appeal

Related court reports

Read the original CNI report

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