Courts / Cork / Report
Man (19) who sexually assaulted girl (14) should have been jailed, State says
Summary
The Court of Appeal has heard an appeal by the Director of Public Prosecutions regarding the sentencing of a 22-year-old man who pleaded guilty to sexually assaulting a 14-year-old girl. The appellant admitted to the offence, contrary to Section 2 of the Criminal Law (Rape) (Amended) Act 1990, at the District Court, Midleton, Co Cork, in December 2020. He also admitted to asking the victim to touch him and contacting a child for sexual exploitation. In February this year, Judge Seán Ó Donnabháin at Cork Circuit Criminal Court imposed a two-year suspended sentence. The DPP argues this entirely suspended sentence was unduly lenient and not in accordance with principle, citing the appellant's prior flight to England to evade prosecution and his knowledge of the victim's age as aggravating factors. Defence counsel Elizabeth O'Connell SC contended that the appellant, who had no previous convictions, pleaded guilty at the earliest opportunity, spent a month in custody, and is now in full-time employment. She argued the onus was on the DPP to demonstrate a substantial departure from sentencing norms. The Court of Appeal has reserved its judgement on the appeal.
Who, what, where, when and why
What: Report matter: Man (19) who sexually assaulted girl (14) should have been jailed, State says. Charges or matters: sexually assaulting the girl, contrary to Section 2 of the Criminal Law (Rape) (Amended) Act 1990, at a hearing at the District Court, Midleton, Co Cork, in December 2020; this offence, and has not come to the attention of gardai since, she continued. Procedural stage: appeal
When:
- December 4, 2018 Incident
- July 2020 Incident
- December 2020 Hearing Or Sentence
- 2021-12-09 Publication
Case subjects
Appellant
Charges: sexually assaulting the girl, contrary to Section 2 of the Criminal Law (Rape) (Amended) Act 1990, at a hearing at the District Court, Midleton, Co Cork, in December 2020; this offence, and has not come to the attention of gardai since, she continued (Admitted)
Plea: Guilty
Outcome: At a later hearing at Cork Circuit Criminal Court, in February this year, he was given a two-year suspended sentence by Judge Seán Ó Donnabháin. Donal T McCarthy BL, for the DPP, told the Court of Appeal that an entirely suspended sentence in this case was "not in accordance with principle".
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