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Man who sexually assaulted his neighbour while her child lay in bed beside her has suspended sentence increased

Date
2014-11-24
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

In a Dublin suburb, a 43‑year‑old man was found guilty of sexually assaulting a neighbour while her eight‑year‑old son lay in bed beside her. He had been drinking and claimed he thought the victim was his partner. The boy woke to find the man in the bed, tried to stop him, and the neighbour arrived minutes later, after which the man left. The DPP appealed a two‑year suspended sentence, arguing the offence was more serious because it occurred in the victim's home while her child was present. The Court of Appeal agreed, increasing the suspended sentence to four years, which was then fully suspended and back‑dated to July 2013. The judge noted the man's guilty plea, cooperation, and remorse, but also his single prior conviction and relocation. The victim's father expressed distress at the man walking out of court. No jail time was imposed.

Who, what, where, when and why

What: Report matter: Man who sexually assaulted his neighbour while her child lay in bed beside her has suspended sentence increased. Charges or matters: sexual assault in a Dublin suburb on July 15, 2012. Procedural stage: appeal

When:

Why: However the 43-year-old man, who cannot be named in order to protect the identity of the victim, will not spend any time in jail as his new four-year sentence was also suspended in full by the Court of Appeal today. CNI source report

Case subjects

Unnamed 43-year-old

Appellant

Charges: sexual assault in a Dublin suburb on July 15, 2012 (Admitted)

Plea: Guilty

Outcome: A man who sexually assaulted his neighbour while her eight-year-old son lay in bed beside her has had his two-year suspended sentence increased following a successful appeal by the Director of Public Prosecutions. In July 2013 the man was sentenced to two years suspended by Judge Martin Nolan, having pleaded guilty at Dublin Circuit Criminal Court to sexual assault in a Dublin suburb on July 15, 2012.

Places mentioned

Court Venue
  • Court of Appeal
  • Dublin
  • Dublin Circuit Criminal Court
Incident

Topics

Stage Appeal

Related court reports

Read the original CNI report

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