Courts / Ireland / Report
Wholly suspended sentence for rape of niece (8) is overturned on appeal
Summary
The Court of Appeal quashed a wholly suspended sentence that had been handed to a 21‑year‑old man who admitted raping his eight‑year‑old niece when he was 14. The original non‑custodial term was deemed unduly lenient. The appeal judge imposed a new headline term of seven‑and‑a‑half years, reduced by one‑third for mitigating factors such as the offender's autism diagnosis and his age at the time of the offence. Two‑and‑a‑half years of that term were suspended, leaving a custodial period of five years. The man had pleaded guilty to multiple counts of rape, sexual assault and using technology to facilitate the sexual exploitation of a child between May 2016 and April 2019. He was taken into custody after the judgment was delivered.
Who, what, where, when and why
What: Report matter: Wholly suspended sentence for rape of niece (8) is overturned on appeal. Charges or matters: sample counts of rape, contrary to Section 4 of Criminal Law (Rape) Amended Act, and sexual assault, contrary to Section 2 of the same Act, at various dates and locations in the south of the country between May 2016 and April 2019; a single count of using technology to facilitate the sexual exploitation of a child, contrary to Section 8 (1) of the Criminal Law (Sexual Offences) Act. Procedural stage: appeal
When:
- May 2016 Incident
- April 2019 Incident
- 2022-05-24 Publication
Why: Ms Justice Kennedy also explained that the court had decided to suspend the final two-and-a-half years of the term to encourage the continued rehabilitation of the man, who was taken into custody after the judgement was delivered. CNI source report
Case subjects
Appellant
Charges: sample counts of rape, contrary to Section 4 of Criminal Law (Rape) Amended Act, and sexual assault, contrary to Section 2 of the same Act, at various dates and locations in the south of the country between May 2016 and April 2019; a single count of using technology to facilitate the sexual exploitation of a child, contrary to Section 8 (1) of the Criminal Law (Sexual Offences) Act (Admitted)
Plea: Guilty
Outcome: by Peter Doyle The wholly suspended sentence handed down to a man who admitted to raping his eight-year-old niece when he was 14 after he had viewed pornography has been quashed on appeal. During submissions, Court President Mr Justice George Birmingham observed the sentence imposed by Ms Justice Murphy had been "out of the norm". "Entirely suspended sentences are very rare indeed," said Mr Justice Birmingham, who was sitting with Mr Justice Patrick McCarthy and Ms Justice Isobel Kennedy.
Places mentioned
- Court of Appeal
- Central Criminal Court
Topics
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