Courts / Ireland / Report

Appeal court rules wholly suspended sentence imposed on man who raped his wife's sister was too lenient

Date
2015-03-03
Stage
Appeal

Summary

The Court of Appeal ruled that a wholly suspended seven‑year sentence imposed on a 53‑year‑old man for raping and indecently assaulting his wife's sister was unduly lenient. The man pleaded not guilty to two counts of rape and two counts of indecent assault committed between 1985 and 1986. A jury at the Central Criminal Court found him guilty on all counts and the trial judge, Mr Justice Garrett Sheehan, imposed the suspended sentence on 7 June 2013, citing the man's need to support his family, including two autistic sons who require 24‑hour care. The Court of Appeal dismissed the man's appeal against conviction and agreed with the Director of Public Prosecutions that the sentence was too lenient. The court noted that the man had been married to the complainant's elder sister, had two children, and that the offences occurred in the house's bedroom when the complainant was staying over.

Who, what, where, when and why

What: Report matter: Appeal court rules wholly suspended sentence imposed on man who raped his wife's sister was too lenient. Charges or matters: two counts of rape and two counts of indecent assault committed against his wife's sister on dates between 1985 and 1986. Procedural stage: appeal. Findings: Found guilty

When:

Why: Prior to that period, there was evidence that the then schoolgirl had been very reluctant to approach her mother because of that lady's personality, Mr Justice Ryan said. CNI source report

Case subjects

Unnamed 53-year-old

Appellant

Charges: two counts of rape and two counts of indecent assault committed against his wife's sister on dates between 1985 and 1986 (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; The Court of Appeal has found that a wholly suspended seven year sentence imposed on a man for raping and indecently assaulting his wife's sister was "unduly lenient". A jury at the Central Criminal Court found him guilty on all counts and he was given a wholly suspended seven years sentence by Mr Justice Garrett Sheehan on June 7, 2013.

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court

Topics

Stage Appeal Violent Crime

Read the original CNI report

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