Courts / Tipperary / Report

Two years in jail doesn't "come close", DPP submits

Date
2020-01-24
Stage
Appeal
Primary locality
Tipperary
County
Tipperary

Summary

In January 2020 the Court of Appeal ruled that Dan Flynn's two‑year jail sentence for raping a six‑year‑old girl in 1979 was unduly lenient. Flynn, a 76‑year‑old former farm labourer, was 36 when he assaulted the child, who later testified that he forced his penis into her mouth and spat on her. He pleaded guilty at the Central Criminal Court, where he was sentenced to six years, with four years suspended, in May 2019. The appeal was brought by the Director of Public Prosecutions, who argued the brutality and long‑term impact on the victim warranted a harsher penalty. Flynn's counsel contended the sentence was within normal limits, citing his medical condition and the guilty‑plea discount. The Court of Appeal will resentencing Flynn on 13 February 2020, pending a detailed medical report for prison conditions.

Who, what, where, when and why

What: Report matter: Two years in jail doesn't "come close", DPP submits. Charges or matters: raping the child at his home on a date in 1979. Procedural stage: appeal

When:

Why: Mr Cody said the medical report was terse because it spoke for itself. CNI source report

Case subjects

Dan Flynn

Defendant

Charges: raping the child at his home on a date in 1979 (Admitted)

Plea: Guilty

Outcome: He now suffers from Parkinson's Disease and requires a mobility aid, which Mr Justice Michael White considered when he sentenced him to six years imprisonment with the final four suspended on May 13, 2019. He said Flynn had spent six years in two nursing homes, where he required full time care, by the time he came to be sentenced.

Places mentioned

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

Topics

Stage Appeal

Related court reports

Read the original CNI report

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