Courts / Dublin / Report

State's 'unconscionable delay' sees abuser receive suspended sentence

Date
2020-07-17

Stage
Sentence

Primary locality
Dublin

County
Dublin

Summary

Kevin Brazil, 50, of Terenure, Dublin, pleaded guilty at Dublin Circuit Criminal Court to seven counts of sexually assaulting a child in the city on unknown dates between April 1, 2002, and June 30, 2002. Judge Elma Sheahan sentenced Brazil to three years' imprisonment but suspended the entirety of the sentence for a period of three years. The judge cited the State's "unconscionable delay" in prosecuting the case, noting that Brazil had admitted his guilt to gardaí in 2002, yet no file was sent to the Director of Public Prosecutions. She stated that without this delay, a custodial sentence would have been inevitable. Brazil has 16 previous convictions for sexually assaulting a child, for which he was sentenced in 2004 to three years' imprisonment with the final year suspended. Superintendent Barry Walsh, the applicant, testified that he was unaware of these specific offences at the time of the 2004 prosecution and could not explain why the 2002 file was not forwarded. The court heard that Brazil had not offended since his release from custody in 2006. The judge acknowledged the victim's anxiety due to the lack of closure but emphasized that the delay was not Brazil's fault. Mitigating factors included his early guilty plea, admissions, employment history, and remorse.

Who, what, where, when and why

What: Report matter: State's 'unconscionable delay' sees abuser receive suspended sentence. Charges or matters: seven counts of sexually assaulting a child in the city on unknown dates between April 1, 2002 and June 30, 2002. Procedural stage: sentence

When:

April 1, 2002 Hearing Or Sentence
June 30, 2002 Hearing Or Sentence
March 2000 Other
July 2002 Other
2020-07-17 Publication

Why: She sentenced Brazil to three years imprisonment, but said because he acknowledged his guilt in 2002 and has not offended since his release from custody, the principle of proportionality was best served by suspending the entirety of the three year sentence for a period of three years. CNI source report

Case subjects

Kevin Brazil

Accused

Charges: seven counts of sexually assaulting a child in the city on unknown dates between April 1, 2002 and June 30, 2002 (Admitted)

Plea: Guilty

Outcome: She sentenced Brazil to three years imprisonment, but said because he acknowledged his guilt in 2002 and has not offended since his release from custody, the principle of proportionality was best served by suspending the entirety of the three year sentence for a period of three years. In 2004, Brazil was sentenced for these offences to three years imprisonment with the final year suspended.

Superintendent Barry Walsh

Applicant

Plea: Guilty