Courts / Westmeath / Report

Violent, manipulative abuser had child with girl he repeatedly defiled

Date
2023-02-21
Stage
Appeal
Primary locality
Mullingar
County
Westmeath

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:

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

Unnamed 38-year-old

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

Court Venue
  • Mullingar
  • Mullingar Circuit Criminal Court
  • Court of Appeal

Topics

Stage Appeal Violent Crime

Related court reports

Read the original CNI report

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