Courts / Cork / Report
Court rejects State's bid to jail man who sexually assaulted underage girl
Summary
In a Court of Appeal decision on 25 January 2022, the court rejected the State's request to jail a 22‑year‑old man who had sexually assaulted a 14‑year‑old girl after befriending her on Snapchat. The man had pleaded guilty to the assault, to asking the girl to touch him, and to contacting a child for sexual exploitation, all offences under Irish law. In February 2021 he received a two‑year suspended sentence from Judge Seán Ó Donnabháin at Cork Circuit Criminal Court. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, but the three‑judge panel, led by Mr Justice John Edwards, decided not to interfere with the original sentence. The court noted the man had fled to England after the incident, returned to Ireland in July 2020, and had spent a month in custody following his arrest. No further action was taken in this appeal.
Who, what, where, when and why
What: Report matter: Court rejects State's bid to jail man who sexually assaulted underage girl. 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. Procedural stage: appeal
When:
- December 2020 Hearing Or Sentence
- December 4, 2018 Incident
- July 2020 Incident
- 2022-01-25 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 (Admitted)
Plea: Guilty
Outcome: In February last year, he was given a two-year suspended sentence at Cork Circuit Criminal Court by Judge Seán Ó Donnabháin. Seeking to evade prosecution was another aggravating factor, Donal T McCarthy BL, for the DPP told the appellate court, adding that an entirely suspended sentence in this case was "not in accordance with principle".
Places mentioned
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