Courts / Mayo / Report
Teen brothers who abused sister were raised in 'toxic sexual environment', court hears
Summary
Two brothers whose guilty pleas were entered at Castlebar Circuit Criminal Court in October 2019 have had their sentences reviewed at the Court of Appeal following challenges on grounds of severity and insufficient weight given to mitigating circumstances. The older brother, convicted of sexually assaulting his sister in 2007-2008 when he was aged 19 to 20, received a three-and-a-half-year sentence with the final 12 months suspended. The younger brother, aged 15 at the time of his offence under child protection legislation, was sentenced to two years with nine months suspended. On appeal, the younger brother's sentence was found to be too severe by the three-judge court, which directed his immediate release subject to probation supervision for 18 months. His suspended portion commenced on 19 November. The older brother's appeal was dismissed, with the court finding the custodial term fell within appropriate judicial discretion.
Who, what, where, when and why
What: Report matter: Teen brothers who abused sister were raised in 'toxic sexual environment', court hears. Charges or matters: a non-custodial sentence; did not involve penetration, Mr Clarke conceded the offence was still "a serious sexual assault". Procedural stage: appeal. Findings: Convicted
When:
- October 2019 Incident
- January 15, 2007 Incident
- January 14, 2008 Incident
- November 19 Hearing Or Sentence
- 2021-11-09 Publication
Why: "His moral culpability seems to have been derailed because he was being abused by a neighbour," Mr Clarke added. CNI source report
Case subjects
Appellant
Charges: a non-custodial sentence; did not involve penetration, Mr Clarke conceded the offence was still "a serious sexual assault" (Proven)
Plea: Guilty
Finding: Convicted
Outcome: Convicted; In both appeals, it was stated the sentences were too harsh and that the judge failed to give sufficient weight to mitigating factors, such as early pleas and the personal circumstances of the accused, when jailing both men. In a judgement delivered today by Ms Justice Isobel Kennedy, who was sitting with Court President Mr Justice George Birmingham and Mr Justice Patrick McCarthy, the younger brother was told that the sentence imposed on him was "too severe".
Places mentioned
- Castlebar
- Castlebar Circuit Criminal Court
Topics
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