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First man to be convicted of coercive control appeals 10.5-year sentence

Date
2023-03-28
Stage
Appeal
Primary locality
Dublin
County
Dublin

Summary

Daniel Kane, the first man convicted by a jury of coercive control in Ireland, is appealing his 10.5-year sentence at the Court of Appeal. Kane, 54, pleaded not guilty to charges of coercive control, intimidation, assault, and 12 counts of assault causing harm arising from a 20-month relationship between May 2018 and January 2020. He separately pleaded guilty to intending to pervert the course of justice between March and July 2020, allegedly by threatening to send intimate images to the victim's family to force her to withdraw her statements. At the appeal hearing, Kane's counsel, Padraig Dwyer SC, argued the cumulative sentence was excessive and disproportionate for a first-time offender with no relevant prior convictions, citing his alcohol issues and current remorse. The State, represented by Anne Marie Lawlor SC, countered that the sentence was proportionate given the severity of the violence, including burning, cutting, and strangulation, and the continued coercive control exercised via 250 prison phone calls. The trial judge had noted Kane's lack of remorse and the brutal nature of the attacks. The Court of Appeal, presided over by Mr Justice George Birmingham, has adjourned the matter, with a judgment expected on Thursday of this week.

Who, what, where, when and why

What: Report matter: First man to be convicted of coercive control appeals 10.5-year sentence. Charges or matters: all the offences at Dublin Circuit Criminal Court; a separate charge of intending to pervert the course of justice in the period between March and July 2020. Procedural stage: appeal

When:

Case subjects

Daniel Kane

Appellant

Charges: all the offences at Dublin Circuit Criminal Court; a separate charge of intending to pervert the course of justice in the period between March and July 2020 (Alleged Or Contested)

Plea: Not guilty

Outcome: At the Court of Appeal today, Kane's barrister Padraig Dwyer SC said his client was appealing the length of his cumulative sentence, submitting to the three-judge court that it was "excessive". Ms Lawlor said the assaults were of the most serious kind, that Kane had never expressed remorse at the trial and that the trial judge imposed a "significant" sentence on the appellant that had due regard to proportionality and the totality of the offending.

Places mentioned

Court Venue
  • Court of Appeal
  • Dublin
  • Dublin Circuit Criminal Court
Residence
Incident

Topics

Stage Appeal Violent Crime

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