Courts / Tipperary / Report
Foster father seeks to have rape conviction overturned
Summary
The Court of Appeal has reserved judgment on an appeal by Richard Moloney, a 42-year-old man from Roscrea, Co Tipperary, who seeks to have his convictions for rape and two other sexual offences declared unsound. Moloney was found guilty by a jury in July 2019 of raping his then 16-year-old foster daughter, Ciara Monaghan, at their home in 2016. He was acquitted of a fourth count of alleged anal rape. In November of the previous year, the Central Criminal Court sentenced Moloney to 12 years in jail. His legal team argued that the trial judge's jury directions created a risk that jurors felt obliged to choose between competing versions of evidence, ignoring the possibility of a third outcome. They also appealed the severity of the sentence, claiming the headline 14-year term was excessive given the single-incident nature of the offences. The Director of Public Prosecutions opposed the appeal, noting the jury's ability to distinguish evidence by acquitting one count while convicting on others. Counsel for the DPP also opposed any sentence reduction, highlighting the "explosively destroyed" trust in the foster relationship. Ms Monaghan, who waived her anonymity, stated in a victim impact statement that she had made multiple suicide attempts since the incident. The appeal was heard by Mr Justice George Birmingham, Ms Justice Isobel Kennedy, and Ms Justice Úna Ní Raifeartaigh, who reserved their judgment.
Who, what, where, when and why
What: Report matter: Foster father seeks to have rape conviction overturned. Procedural stage: appeal. Findings: Found guilty
When:
- July 2019 Hearing Or Sentence
- July 16, 2016 Hearing Or Sentence
- 2020-09-24 Publication
Case subjects
Appellant
Outcome: Opposing any reduction in sentence, Mr Devally said the events had resulted in Ms Monaghan's trust in her foster father being "explosively destroyed".
Convicted Person
Finding: Found guilty
Outcome: Found guilty; Moloney was subsequently sentenced to 12 years in jail for the offences at a sitting of the Central Criminal Court last November. Separately, Moloney's lawyers also appealed the severity of the 12-year sentence imposed on their client, claiming the headline sentence of 14 years set by the judge was excessive.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
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