Courts / Sligo / Report

Rapist father has custodial portion of sentence tripled by appeal court

Date
2015-01-26
Stage
Appeal
Primary locality
Carney
County
Sligo

Summary

Patrick O'Brien, aged 74, was sentenced by the Court of Appeal to 12 years' imprisonment with a three‑year suspension, following a review of his original 12‑year custodial sentence that had been deemed too lenient. The appeal court confirmed the custodial term and adjusted the suspended period from nine to three years. O'Brien had pleaded guilty to 16 counts of rape and indecent assault of his daughter, Fiona Doyle, committed in the 1970s and 80s. The judge noted O'Brien's serious health problems and advanced age but ruled that these did not preclude imprisonment. The sentence was imposed on the same conditions as the original, with O'Brien required to post a €100 bond and remain in custody from the date of release. The court emphasised that the guilty plea was a mitigating factor in determining the final sentence. The decision was made by Mr Justice Seán Ryan, sitting with Mr Justice Garrett Sheehan and Mr Justice Alan Mahon.

Who, what, where, when and why

What: Report matter: Rapist father has custodial portion of sentence tripled by appeal court. Charges or matters: 16 sample counts of rape and indecent assault of his daughter Ms Doyle at Mackintosh Park, Pottery Road in Dun Laoighaire in the 1970s and 80s. Procedural stage: appeal

When:

Case subjects

Unnamed 74-year-old

Appellant

Charges: 16 sample counts of rape and indecent assault of his daughter Ms Doyle at Mackintosh Park, Pottery Road in Dun Laoighaire in the 1970s and 80s (Admitted)

Plea: Guilty

Outcome: (Photo: Collins) Patrick O'Brien has been sentenced to 12 years in prison with the final three suspended for raping his daughter Fiona Doyle following a finding by the Court of Appeal that his original sentence was too lenient. Taking account of his health problems, Mr Justice Carney sentenced O'Brien to 12 years in prison, suspended the final nine and granted him continuing bail pending an appeal.

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court
Incident
  • Mackintosh Park
  • Pottery Road
Secondary Mention
Facility
  • Irish Prison

Topics

Stage Appeal Violent Crime

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