Courts / Kilkenny / Report

Uncle who abused niece at sleepover has jail term cut

Date
2022-05-12
Stage
Appeal
Primary locality
Kilkenny
County
Kilkenny

Summary

A 49‑year‑old man was sentenced to five years' imprisonment for sexually assaulting his 10‑year‑old niece at a sleepover on 27 November 2016. He pleaded not guilty, but a jury found him guilty of one count under Section 2 of the Criminal Law (Rape Amended) Act 1990. Judge Patrick Meghen imposed the sentence at Kilkenny Circuit Criminal Court in June 2021. The man, who was 43 at the time of the offence, appealed, arguing the sentence was excessive and disproportionate. On appeal, the Court of Appeal quashed the five‑year term, citing a fundamental error in treating his refusal to accept the verdict as an aggravating factor and the failure to suspend any portion of the sentence. The court reinstated the original seven‑year sentence with three years suspended, effectively reducing the custodial term by one year.

Who, what, where, when and why

What: Report matter: Uncle who abused niece at sleepover has jail term cut. Charges or matters: sexually assaulting the girl, who was also his goddaughter, when she was staying with cousins on November 27, 2016. Procedural stage: appeal. Findings: Found guilty

When:

Case subjects

Unnamed 49-year-old

Appellant

Charges: sexually assaulting the girl, who was also his goddaughter, when she was staying with cousins on November 27, 2016 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; A 49-year-old man who was jailed for sexually assaulting his 10-year-old niece at a sleepover has had his five-year sentence reduced by one year on appeal. He had been originally sentenced to seven years, with three years suspended, for sexually assaulting the young girl at a house in the south of the country after he had attended a quiz night with relatives in nearby public house, the judge explained.

Places mentioned

Court Venue
  • Kilkenny
  • Kilkenny Circuit Criminal Court
  • Court of Appeal
Incident
  • Director's view

Topics

Stage Appeal

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