Courts / Kildare / Report
Violent sex attacker who told ex-wife he'd 'every right to touch her' has jail sentence increased
Summary
A 27‑year‑old Kildare man who violently sexually assaulted his estranged wife, recorded on camera saying he had "every right" to touch her, had his original five‑year sentence increased by eight months after a successful appeal by the State. The Court of Appeal quashed the initial sentence, which had a 20‑month suspended portion, and re‑sentenced him to five years and eight months' imprisonment, with the final 20 months suspended. The judge noted the man's guilty plea and the mitigating factor of an acquired brain injury sustained in 2017. The appeal hearing highlighted the violence, breach of trust, and the impact of the brain injury, while the State argued the sentence was too lenient and the defence emphasised the injury as a key mitigating factor. The woman's victim impact report described the assault as frightening and menacing, and she had previously sought a protection order and stayed in a women's refuge.
Who, what, where, when and why
What: Report matter: Violent sex attacker who told ex-wife he'd 'every right to touch her' has jail sentence increased. Charges or matters: the aggravated sexual assault of his estranged wife at her home in Co Kildare on November 19, 2020. Procedural stage: appeal
When:
- November 19, 2020 Incident
- December 2017 Hearing Or Sentence
- 2023-05-18 Publication
Case subjects
Defendant
Charges: the aggravated sexual assault of his estranged wife at her home in Co Kildare on November 19, 2020 (Admitted)
Plea: Guilty
Outcome: The 27-year-old Kildare resident, who cannot be named to protect the identity of his former wife and their child, initially received a five-year prison sentence with the final 20 months suspended and was due to be released tomorrow. Mr Coffey said the reduction from the headline sentence to the sentence imposed, the degree in which that was suspended and the period it was suspended for was "cumulatively too much".
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