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DPP appeals against two-year sentence imposed on Clare man convicted of indecent assault

Date
2015-01-15
Stage
Appeal
Primary locality
Ennis
County
Clare

Summary

James Maher, 71, of Clonroad Beg, Ennis, was convicted of 18 counts of indecent assault on two boys between 1982 and 1985. He pleaded guilty and was sentenced on 14 January 2013 to two years imprisonment on each count, with the sentences running concurrently, by Judge Carroll Moran at Ennis Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was unduly lenient and that Judge Moran was misinformed about the maximum penalty, which counsel said could have been up to ten years per count. The appeal contends that the concurrent sentences were incorrect and that the judge's sentencing scale was wrong. The Court of Appeal will decide on 10 February whether to increase Maher's sentence. The case highlights the legislative history of indecent assault penalties and the 2007 clarification that the maximum for a male victim cannot exceed that for a female victim. The appeal is pending.

Who, what, where, when and why

What: Report matter: DPP appeals against two-year sentence imposed on Clare man convicted of indecent assault. Charges or matters: 18 counts of indecent assault on two boys between January 1982 and April 1985. Procedural stage: appeal

When:

Why: Maher targeted vulnerable young people giving them gifts, money and alcohol in order to groom and control them. CNI source report

Case subjects

James Maher

Appellant

Charges: 18 counts of indecent assault on two boys between January 1982 and April 1985 (Admitted)

Plea: Guilty

Outcome: He was sentenced to two years imprisonment on each count to run concurrently by Judge Carroll Moran at Ennis Circuit Criminal Court on January 14 2013. Had Maher committed the offences against a female, Ms Lawlor said, the maximum sentence that could have been imposed on him would have been one of ten years.

Places mentioned

Court Venue
  • Court of Appeal
  • Ennis
  • Ennis Circuit Criminal Court
Residence

Topics

Stage Appeal Violent Crime

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