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Former Christian Brother has sentence for sexually abusing deaf boys cut on appeal

Summary

The Court of Appeal has reduced the prison sentence of John McCabe, a former Christian Brother, following an appeal against his conviction for indecently assaulting three young deaf boys between 1981 and 1984. McCabe, who pleaded guilty to six counts at Dublin Circuit Criminal Court, was originally sentenced to 12 years in prison with three suspended by Judge Martin Nolan in May 2012. The appeal succeeded because the Circuit Court operated on an incorrect maximum sentence; a recent Court of Appeal decision established that the maximum penalty for indecently assaulting males in the 1980s was two years, not ten. Mr Justice George Birmingham, speaking for the court, noted that while the offences were serious and committed by a person in a position of authority, McCabe had made full video-taped admissions, which deserved significant credit. The court also considered that McCabe was assessed as a low risk of reoffending and had taken significant steps toward rehabilitation. The DPP's request for an adjournment to appeal a related decision was refused. Consequently, the Court of Appeal imposed a new sentence of five years, structured as two years for the first complainant, two years for the second, and one year for the third, all to run consecutively. McCabe was returned to prison to serve this reduced term.

Who, what, where, when and why

What: Report matter: Former Christian Brother has sentence for sexually abusing deaf boys cut on appeal. Charges or matters: six counts of indecently assaulting three young deaf boys on dates between 1981 and 1984. Procedural stage: appeal

When:

• May 9 2012 Hearing Or Sentence
• 1981 and 1984 Other
• 2015-03-27 Publication

Why: A former Christian Brother jailed for sexually abusing three young boys at a school for the deaf has had his prison sentence reduced by the Court of Appeal because the Circuit Court operated on the basis of an incorrect maximum sentence. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report