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Child sentencing legislation not currently defective, Court of Appeal says

Summary

In a Court of Appeal hearing on 15 February 2023, Mr Justice John Edwards upheld the constitutionality of the Children Act 2001, rejecting a challenge that the legislation was defective. The case concerned a 17‑year‑old boy, who was 13 when he raped his seven‑year‑old cousin, and who had been found guilty of rape and four counts of sexual assault. Mr Justice Edwards noted that the Act provides no mechanism for deferring or suspending a custodial sentence for a minor, and that the trial judge, Ms Justice Karen O'Connor, had no alternative but to impose immediate detention. Mr Justice Edwards said the law must be applied as it stands, and that any amendment would be the responsibility of the Oireachtas. The appeal will be heard by a non‑jury, three‑judge court on 27 February, as the defendant turns 18 next month. The boy's sentence appeal remains pending. The judge denied bail for the defendant. The unnamed 17-year-old pleaded not guilty.

Who, what, where, when and why

What: Report matter: Child sentencing legislation not currently defective, Court of Appeal says. Charges or matters: orally raping his female cousin by a jury following a trial earlier this year; the rape but pleaded guilty to four counts of sexual assaulting her on dates between October 1 and December 31, 2018. Procedural stage: appeal. Findings: Found guilty

When:

• October 1 Hearing Or Sentence
• December 31, 2018 Hearing Or Sentence
• February 27 Hearing Or Sentence
• 2023-02-15 Publication

Why: The teen, who cannot be named because he and the victim are still both minors, was 13 at the time of the offending, while his victim was aged seven. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report