Courts / Roscommon / Report
"Depravity amounting to torture": Appeal Court finds eight-year sentence for raping neighbour's daughter too lenient
Summary
The Court of Appeal has determined that an eight-year prison sentence imposed on a Roscommon man convicted of raping his neighbour's daughter was unduly lenient. President of the Court of Appeal Mr Justice Seán Ryan delivered the decision on 1 December 2014, describing the offences as standing "on the most heinous level" and involving "depravity amounting to torture". The man had pleaded guilty to multiple counts of rape and sexual assault perpetrated between 2004 and 2008 against a child who was five years old when the abuse commenced. The original sentence, imposed in July 2013 by Mr Justice Paul Carney, comprised concurrent terms across fifteen rape charges and five sexual assault charges. The Director of Public Prosecutions successfully challenged the sentencing as inadequate. Mr Justice Ryan stated the sentencing judge had erred gravely in considering eight years appropriate for the rape charges. The existing sentence will remain in place pending a new sentencing hearing scheduled for 13 February 2015.
Who, what, where, when and why
What: Report matter: "Depravity amounting to torture": Appeal Court finds eight-year sentence for raping neighbour's daughter too lenient. Charges or matters: similar offences. Procedural stage: appeal
When:
- July 2004 Other
- January 2008 Other
- July 31, 2013 Hearing Or Sentence
- February 13 2015 Hearing Or Sentence
- 2004 and 2008 Incident
- 2004 to 2008 Other
- 2014-12-01 Publication
Why: Mr Justice Seán Ryan said the sentencing judge did not say anything about the facts of the case because other court proceedings concerning the victim were pending at the time. CNI source report
Case subjects
Convicted Person
Charges: similar offences (Admitted)
Plea: Guilty
Outcome: The Court of Appeal has found that an eight-year prison sentence imposed on a man for raping his neighbour's daughter was too lenient. Ms Biggs told the court that the victim's mother has since been sentenced to 14 years imprisonment with four-and-a-half suspended and her father had also pleaded guilty to similar offences.
Places mentioned
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