Courts / Wexford / Report
One-year jail sentence for oral rape of half-sister
Summary
Bernard Maguire, aged 29, was sentenced to a one‑year jail term for orally raping his younger half‑sister, Bethany Maguire, when she was six to seven and he was fifteen to sixteen. The offences occurred between September 2006 and September 2008 at their father's home. Maguire pleaded guilty before the Central Criminal Court. The court noted the serious nature of the offence, the breach of trust by an older sibling, and the age gap as aggravating factors, while also considering Maguire's immediate admissions, remorse, and youth at the time. The judge imposed a two‑year sentence with the final year suspended, subject to conditions including participation in the Better Lives program. Bethany waived her right to anonymity, allowing the parties' names to be published. The case was heard under the Children Act, with the victim's impact statement highlighting lasting trauma and fear of her brother. The sentence reflects the court's assessment of the offence's gravity and the defendant's circumstances.
Who, what, where, when and why
What: Report matter: One-year jail sentence for oral rape of half-sister. Charges or matters: two charges of orally raping his half-sister at their father's home on dates between September 2006 and September 2008; the offence but still maintains he was younger than the charges reflect. "He is convinced that he was 11 or 12 years old at the time, but challenging that would have meant that he would have had to cross-examine her (the victim) and he was insistent that this would not happen," Mr Murray said. Procedural stage: sentence
When:
- September 2006 Hearing Or Sentence
- September 2008 Hearing Or Sentence
- 2021-01-28 Publication
Case subjects
Defendant
Charges: two charges of orally raping his half-sister at their father's home on dates between September 2006 and September 2008; the offence but still maintains he was younger than the charges reflect. "He is convinced that he was 11 or 12 years old at the time, but challenging that would have meant that he would have had to cross-examine her (the victim) and he was insistent that this would not happen," Mr Murray said (Admitted)
Plea: Guilty
Outcome: He had earlier noted that as the man was a child at the time of the offence but is now being sentenced as an adult, certain case law and sentencing guidelines need to be considered. Mr Justice White imposed a two-year sentence with the final year suspended on conditions including that Maguire attend for assessment for the Better Lives program in prison.
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