Courts / Ireland / Report

Rapist step father not entitled to shorter sentence because of Crohn's disease

Date
2021-11-08
Stage
Appeal

Summary

In a 2021 appeal, a rapist step‑father who had claimed a shorter sentence because of Crohn's disease was denied a reduction. He had repeatedly raped his partner's daughter from age six over a five‑year period, threatening her with death if she spoke out. The Central Criminal Court convicted him in May 2014 of eight sexual assault and four rape counts between June 2003 and May 2008. Mr Justice Patrick McCarthy sentenced him to 12 years' imprisonment. The appellant appealed both conviction and sentence. The Court of Appeal dismissed the appeal, rejecting the argument that the trial judge failed to consider his medical condition. Court President Mr Justice George Birmingham noted the offence's great seriousness and that the judge had explicitly considered the disease when sentencing. The Director of Public Prosecutions said the sentence was appropriate and that further medical management would be a prison matter.

Who, what, where, when and why

What: Report matter: Rapist step father not entitled to shorter sentence because of Crohn's disease. Procedural stage: appeal. Findings: Convicted

When:

Why: A rapist step-father who claimed he was entitled to a shorter jail term because he suffers from an incurable bowel disease has lost his bid to have his prison sentence reduced. CNI source report

Case subjects

Unnamed man

Convicted Person

Finding: Convicted

Outcome: Convicted; He was later sentenced to a total of 12 years' imprisonment by Mr Justice Patrick McCarthy. In response, Pieter Le Vert BL, for the Director of Public Prosecutions, said the sentence imposed was "appropriate in this particular case".

Places mentioned

Court Venue
  • Central Criminal Court
  • Court of Appeal

Topics

Stage Appeal Violent Crime

Read the original CNI report

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