Courts / Dublin / Report

Appeal court finds nothing to prevent naming of man who abused babysitter (13)

Date
2020-03-05

Stage
Appeal

Primary locality
Dublin

County
Dublin

Summary

In March 2020 the Court of Appeal upheld a June 2019 decision that allowed the media to publish the name of Joseph Carey, 63, who was convicted of sexually assaulting a 13‑year‑old babysitter in August 2001. Carey, who lived in St Ronan's Green, Clondalkin, denied the assault and had previously apologized, but the apology was later denied. He was found guilty by a jury and sentenced to two‑and‑a‑half years' imprisonment, with the final four months suspended. The appeal against the sentence was dismissed by a three‑judge panel, which found no error in principle. The court noted that the victim had lived near Carey for over a decade after the assault and that the offence involved a breach of trust, as the victim considered him an uncle and his home a safe place. The ruling also clarified that the victim's anonymity could not be protected by law, allowing his identity to be published.

Who, what, where, when and why

What: Report matter: Appeal court finds nothing to prevent naming of man who abused babysitter (13). Procedural stage: appeal. Findings: Found guilty

When:

2020-03-05 Publication

Why: Carey was not named following his conviction, despite the wishes of the now adult woman, because arguments were made in a separate case by a Wicklow child rapist that complainants cannot waive their right to anonymity as a matter of law. CNI source report

Case subjects

Joseph Carey

Applicant

Finding: Found guilty

Outcome: Found guilty; He was found guilty by a jury and sentenced to two-and-a-half years imprisonment with the final four months suspended by Judge Elma Sheahan last June, which was upheld by the Court of Appeal today. Dismissing an appeal against the severity of Carey's prison sentence, Mr Justice Patrick McCarthy said the three-judge court could find no error in principle.