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Tipperary man jailed for having sex with babysitter (13) when he was 15 loses appeal against 3.5 year sentence

Date
2015-06-05
Stage
Appeal
Primary locality
Tipperary
County
Tipperary

Summary

A 21‑year‑old Tipperary man, who pleaded guilty to having sex with a 13‑year‑old babysitter when he was 15, was sentenced to three‑and‑a‑half years' imprisonment on 12 June 2013. The case involved the babysitter being assaulted by the man and a co‑accused after they entered her home. The judge described the offence as very serious and noted that the co‑accused had not reoffended, whereas the appellant had 31 prior convictions. The appeal focused on the difference between the appellant's sentence and that of the co‑accused, who received a fully suspended sentence. The Court of Appeal, sitting with Justices John Edwards and Alan Mahon, dismissed the appeal, upholding the original sentence and the judge's decision to impose no suspended portion for the appellant. The appeal was rejected on 5 June 2015.

Who, what, where, when and why

What: Report matter: Tipperary man jailed for having sex with babysitter (13) when he was 15 loses appeal against 3.5 year sentence. Charges or matters: engaging in a sexual act with a child under the age of 17 on March 28 2009. Procedural stage: appeal

When:

Case subjects

Unnamed 13-year-old

Appellant

Charges: engaging in a sexual act with a child under the age of 17 on March 28 2009 (Admitted)

Plea: Guilty

Outcome: A Tipperary man jailed for having sex with a 13-year-old babysitter when he was 15 has lost an appeal against his three-and-a-half year prison sentence. Mr Justice Birmingham said it was "striking" that no part of of the appellant's sentence was suspended while the sentence imposed on his co-accused was entirely suspended.

Places mentioned

Secondary Mention
Court Venue
  • Clonmel
  • Clonmel Circuit Criminal Court
  • Central Criminal Court
  • Court of Appeal

Topics

Stage Appeal

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