Courts / Cork / Report
Court orders 'high risk' rapist must be supervised upon release
Summary
Patrick O'Driscoll, now aged 23, of Rosewood Drive, Charleville, Co Cork, has been re-sentenced by the Court of Appeal following an appeal against his seven-year prison sentence for the rape of a woman in Co Cork on May 10, 2016. O'Driscoll was 18 at the time of the offence. The appeal was heard by Mr Justice John Edwards, Ms Justice Isobel Kennedy, and Ms Justice Aileen Donnelly. The Court of Appeal rejected the appeal regarding O'Driscoll's conviction, stating that the trial judge did not err in dealing with conflicting accounts of the night of the incident or in directing that the case be taken away from the jury. The appeal also sought to have a portion of the sentence suspended, but this was rejected due to the serious nature of the case. The Court of Appeal found that there was no error in the headline sentence of ten years and that a mitigated sentence of seven years could be considered 'generous'. However, the Court of Appeal addressed the lack of post-release supervision, noting a strong need for such supervision in the circumstances of the case. The appeal was allowed, and the sentence imposed by the court was quashed. O'Driscoll was re-sentenced to seven years' imprisonment with a post-release supervision order for a period of five years.
Who, what, where, when and why
What: Report matter: Court orders 'high risk' rapist must be supervised upon release. Procedural stage: appeal. Findings: Convicted
When:
- March 2019 Hearing Or Sentence
- May 10, 2016 Hearing Or Sentence
- 2020-10-19 Publication
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; Ms Lankford also submitted that the trial judge erred in failing to suspend a portion of the sentence imposed, particularly in light of his very young age and his personal difficulties. In the Court of Appeal's ruling, Mr Justice Edwards said that the appellant was seeking to have a proportion of the sentence suspended to give O'Driscoll some "light at the end of the tunnel" but the judge rejected the application due to the serious nature of the case.
Places mentioned
- Court of Appeal
- Central Criminal Court
- Rosewood Drive
- Charleville
- Cork
Topics
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