Courts / Westmeath / Report
Violent, manipulative abuser had child with girl he repeatedly defiled
Summary
The Court of Appeal dismissed the appeal of a 38‑year‑old man who had been sentenced to eight years' imprisonment, with two years suspended, for repeatedly defiling and sexually assaulting a girl who was 13 when the first offence occurred. The man had pleaded guilty to defilement of a child under 15, defilement of a child under 17 and a single count of sexual assault. He claimed he believed the girl was 16 and that he had ceased the relationship when he discovered her true age, but he returned and continued the abuse for over three years, during which the girl gave birth to their daughter at age 15. The appeal argued the sentence was excessive, citing the man's early age and the fact that he had pleaded guilty, but the court upheld the judge's decision, noting the protracted nature of the abuse, the man's violent and manipulative conduct, and the lack of mitigation from the families.
Who, what, where, when and why
What: Report matter: Violent, manipulative abuser had child with girl he repeatedly defiled. Charges or matters: the defilement of a child under 15, defilement of a child under 17 and a single count of sexually assaulting the girl; the three offences and had expressed remorse for his behaviour. Procedural stage: appeal
When:
- December 1, 2006 Hearing Or Sentence
- February 28, 2007 Hearing Or Sentence
- 2023-02-21 Publication
Why: The man, who cannot be named in order to protect the victim's identity, had first defiled the girl when she was 13 years old on dates between December 1, 2006, and February 28, 2007, at a residential address in the midlands. CNI source report
Case subjects
Appellant
Charges: the defilement of a child under 15, defilement of a child under 17 and a single count of sexually assaulting the girl; the three offences and had expressed remorse for his behaviour (Admitted)
Plea: Guilty
Outcome: The now 38-year-old man was sentenced to 10 years' imprisonment with the last two suspended at Mullingar Circuit Criminal Court in April of last year. Ms Justice Kennedy said that while the Court of Appeal might have differently sentenced the man there was no error in principle made by the sentencing judge that warranted intervention and dismissed the appeal.
Places mentioned
- Mullingar
- Mullingar Circuit Criminal Court
- Court of Appeal
Topics
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