Courts / Ireland / Report

Reliance of innocent family on abuser can't justify non-custodial sentence, judge notes

Date
2023-03-13
Stage
Sentence

Summary

In a High Court case, Mr Justice Paul Burns sentenced two brothers, aged 46 and 44, to three‑year terms for repeated rape and sexual assault of a younger brother in their family home. The 46‑year‑old pleaded guilty to 15 charges of sexual assault and anal rape between May 1990 and December 1993; the 44‑year‑old pleaded guilty to 13 similar charges. Each brother received a three‑year term with the final 18 months suspended for the rape charges and a concurrent 12‑month prison term for the sexual assault. Both men are now registered sex offenders. The judge noted that the brothers' low risk of re‑offending and the fact that they were children at the time of the offences meant a post‑release supervision order was unnecessary. He expressed sympathy for the victim and hoped that further intervention and family support might lessen the harm caused.

Who, what, where, when and why

What: Report matter: Reliance of innocent family on abuser can't justify non-custodial sentence, judge notes. Charges or matters: a total of 15 charges of both sexual assault and anal rape, while his 44-year-old brother pleaded guilty to a total of 13 charges of both sexual assault and anal rape on dates between May 1990 and December 21, 1993. Procedural stage: sentence

When:

Case subjects

Unnamed 46-year-old

Convicted Person

Charges: a total of 15 charges of both sexual assault and anal rape, while his 44-year-old brother pleaded guilty to a total of 13 charges of both sexual assault and anal rape on dates between May 1990 and December 21, 1993 (Admitted)

Plea: Guilty

Outcome: Mr Justice Paul Burns sentenced each of the brothers to a three-year term with the final 18 months suspended for the rape charges and a concurrent 12-month prison term for the sexual assault of their brother.

Places mentioned

Court Venue
  • High Court
  • Central Criminal Court

Topics

Stage Sentence Violent Crime

Read the original CNI report

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