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'Heinous' grooming and repeated rape of girl (8) sees sentence increased
Summary
The Court of Appeal has increased the sentence of a 39-year-old man who pleaded guilty to multiple counts of rape, sexual assault, and sexual exploitation of his eight-year-old niece. The offences, which occurred between November 2018 and January 2019, involved grooming and were described by the court as heinous, cold, and premeditated. The Director of Public Prosecutions appealed against the original eight-year effective custodial term, arguing it was unduly lenient for abuse of the most depraved kind. The man's counsel argued that his surrender to gardai at Dublin Airport and lack of physical violence warranted the original discretion. Justice Kennedy, sitting with Justices Birmingham and McCarthy, found that the sentencing judge had erred. The court quashed the previous sentence, determining that the appropriate starting point was 15 years. However, considering mitigation factors including his guilty plea, remorse, and previous good character, the court reduced the total sentence to 10 years. Unlike the previous ruling, no portion of this sentence was suspended. The court also ordered five years of post-release supervision. The matter was concluded with this finalised appellate decision.
Who, what, where, when and why
What: Report matter: 'Heinous' grooming and repeated rape of girl (8) sees sentence increased. Procedural stage: appeal
When:
- November 1, 2018 Incident
- January 15, 2019 Incident
- 2020-07-03 Publication
Why: Counsel noted that he had admitted refraining from one type of abuse because it could have caused an infection, which might have led to suspicion. CNI source report
Case subjects
Applicant
Outcome: Justice Kennedy said that they were of the opinion that the judge had erred in his sentence and they quashed it.
Places mentioned
- Court of Appeal
- The Central Criminal Court
Topics
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