Courts / Westmeath / Report
Father gets more jail for rape of daughter
Summary
The Court of Appeal has increased the prison sentence of Oliver Berry, a 63-year-old father from Mullingar, Co Westmeath, from ten to 13 years for the rape and sexual assault of his daughter, Jennifer Berry. In November 2018, a jury at the Central Criminal Court convicted Berry of 105 counts of raping and sexually assaulting his daughter between December 1982 and December 1994, when she was aged seven to 19. Berry, who pleaded not guilty to all charges, maintains his innocence and has a separate application before the Court of Appeal against his conviction. The Director of Public Prosecutions appealed the original ten-year term, arguing it was too lenient given the severity of the offences, which included rape during the victim's pregnancy. The Court of Appeal, presided over by Mr Justice George Birmingham, found that the sentencing judge had erred by giving undue weight to mitigating factors such as Berry's age and lack of previous convictions. The court ruled that the original reduction from a headline sentence of 15 years was disproportionate. Consequently, the actual custodial sentence was increased to 13 years. Jennifer Berry waived her right to anonymity to allow her father to be publicly named in the proceedings.
Who, what, where, when and why
What: Report matter: Father gets more jail for rape of daughter. Charges or matters: all the offences, still maintains his innocence and has a separate application before the Court of Appeal against his conviction. Procedural stage: appeal. Findings: Convicted
When:
- November 2018 Hearing Or Sentence
- December 1982 Incident
- December 1994 Incident
- 2020-09-18 Publication
Why: Mr McGinn said the offences against her only ceased because she had moved out of the family home. CNI source report
Case subjects
Appellant
Charges: all the offences, still maintains his innocence and has a separate application before the Court of Appeal against his conviction (Alleged Or Contested)
Plea: Not guilty
Outcome: Opposing the appeal Róisín Lacey SC, for Berry, said the sentencing judge was very aware that her client was continuing to protest his innocence when weighing up what custodial sentence to impose on him.
Convicted Person
Charges: all the offences, still maintains his innocence and has a separate application before the Court of Appeal against his conviction (Proven)
Plea: Not guilty
Finding: Convicted
Outcome: Convicted; Opposing the appeal Róisín Lacey SC, for Berry, said the sentencing judge was very aware that her client was continuing to protest his innocence when weighing up what custodial sentence to impose on him.
Places mentioned
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