Courts / Cork / Report

Pair who sexually assaulted one woman and assaulted another get more suspended from sentences

Date
2014-11-25

Stage
Appeal

Primary locality
Cork City

County
Cork

Summary

Two teenage men, Adam Heneghan (21) and Colin O'Sullivan (22), had their suspended prison sentences increased by the Court of Appeal after they sexually assaulted one woman and assaulted another with a bottle in Cork on 3 December 2011. Heneghan pleaded guilty to assault causing harm and sexual assault, receiving a nine‑year sentence with the final year suspended; O'Sullivan was found guilty by jury of assault causing harm and later pleaded guilty to sexual assault, receiving a ten‑year sentence with the final year suspended. The Court of Appeal, citing the seriousness of the offences and the defendants' youth, lack of prior convictions, and O'Sullivan's developmental issues, increased the suspended portions: Heneghan's suspended period was raised to four years, and O'Sullivan's to three‑and‑a‑half years. Both men will serve the remaining custodial time and have bonds of €1,000 to maintain good behaviour. The appeal was upheld on 25 November 2014.

Who, what, where, when and why

What: Report matter: Pair who sexually assaulted one woman and assaulted another get more suspended from sentences. Charges or matters: one count of assault causing harm and one count of sexual assault against two women on December 3 2011 in Cork City; one count of sexual assault. Procedural stage: appeal. Findings: Found guilty

When:

December 3 2011 Incident
February 27 2013 Incident
July 2012 Incident
2014-11-25 Publication

Why: They pretended to be "drunker than they were in order to give affect to their plans," Mr Justice Birmingham said. CNI source report

Case subjects

Adam Heneghan

Convicted Person

Charges: one count of assault causing harm and one count of sexual assault against two women on December 3 2011 in Cork City; one count of sexual assault (Admitted)

Plea: Guilty

Outcome: He was sentenced to nine years imprisonment with the final year suspended – three years imprisonment on the first count and six years imprisonment on the second count to run consecutively – at Cork Circuit Criminal Court by Judge Patrick Moran on February 27 2013 Colin O'Sullivan (22), with a last address at Kilbrin, Mallow, Co Cork, was found guilty by a jury of assault causing harm and "eventually" pleaded guilty to one count of sexual assault. In the case of Heneghan, the court began with a sentence of nine years and suspended four.

Colin O'Sullivan

Appellant

Charges: one count of sexual assault (Proven)

Plea: Guilty

Finding: Found guilty

Outcome: Found guilty; O'Sullivan was sentenced to ten years imprisonment with the final year suspended – four years imprisonment on the first count and six years imprisonment on the second count to run consecutively – by Judge Moran on February 27 2013. Accordingly, in the case of O'Sullivan the court looked at the starting point of ten years and suspended a period of three-and-a-half years, bringing his sentence down from ten to six-and-a-half.