Courts / Ireland / Report
Sexual assault sentence hearing "not sufficiently sensitive" to victim, appeal court finds
Summary
The Court of Appeal has refused the Director of Public Prosecutions' application to quash a suspended sentence imposed on an unnamed former jockey and horse trainer. The appellant pleaded guilty on January 30, 2013, to a sexual assault charge arising from an incident in October 2005. At the Central Criminal Court, Mr Justice Barry White adjourned sentencing overnight and delivered a five-year suspended sentence on conditions on April 23, 2013. The DPP appealed on grounds of undue leniency. President Mr Justice Seán Ryan, joined by Justices Birmingham and Sheehan, refused the appeal, stating it would not be just to impose immediate custody at this stage. However, the court found the original sentencing hearing was not sufficiently sensitive to the victim's rights. The judges criticized Mr Justice White for being too ready to infer that the victim's impact statement attempted to pressure him and for making critical remarks regarding the victim's naivety. While the Court of Appeal identified significant procedural errors and defects in the sentencing process, it declined to make a declaration of undue leniency or error in principle, simply refusing the application.
Who, what, where, when and why
What: Report matter: Sexual assault sentence hearing "not sufficiently sensitive" to victim, appeal court finds. Procedural stage: appeal
When:
- January 30, 2013 Incident
- April 24, 2013 Incident
- October 27 2005 Incident
- October 27 Incident
- April 23 2013 Adjournment
- 2014-11-27 Publication
Why: He said the circumstances of the incident were not entirely clear because facts outlined by the investigating garda were at odds with statements made by Ms A to the gardaí and the garda accepted there were potential conflicts in the prosecution's evidence. Prosecution account reported by CNI
Case subjects
Appellant
Plea: Guilty
Outcome: The sentenced man, a former jockey and horse trainer who cannot be identified, pleaded guilty on January 30, 2013 to the offence. In those circumstances Mr Justice White imposed a suspended sentence of five years on conditions.; Mr Justice White adjourned sentencing overnight and delivered it on the following day, April 23 2013.
Places mentioned
- Central Criminal Court
- Court of Appeal
Topics
Animal Related Sexual Offences Stage Appeal Violent Crime
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