Courts / Ireland / Report

Court asked 'tall order' of entirely quashing teen rapist's sentence, as he faces serving one month in adult prison

Date
2023-06-08
Stage
Appeal

Summary

The Court of Appeal has been asked to consider quashing the sentence of a teenager who raped his seven‑year‑old cousin. The boy, aged 17 when convicted in February, was sentenced to one year's detention in Oberstown. He is now over 18 and will be transferred to an adult prison by 17 October, where he must serve the remaining 31 days. Lorcan Staines SC argues that the trial judge could not have imposed a non‑custodial sentence on a child and that the appellate court should either quash the sentence or affirm it. The State, represented by John William Fennelly BL, notes that the 31 days are not excessive given the nature of the offences and that the appellant did not accept the jury verdict. The court will reserve judgment. The unnamed 17-year-old pleaded guilty.

Who, what, where, when and why

What: Report matter: Court asked 'tall order' of entirely quashing teen rapist's sentence, as he faces serving one month in adult prison. Charges or matters: four counts of sexual assault. Procedural stage: appeal. Findings: Found guilty

When:

Why: The teenager appealed the length of the sentence and Mr Staines today told the Court of Appeal that because the boy was sentenced to detention and not prison, the appellate court could only "quash altogether the original sentence or affirm it". CNI source report

Case subjects

Unnamed 17-year-old

Appellant

Charges: four counts of sexual assault (Proven)

Plea: Guilty

Finding: Found guilty

Outcome: Found guilty; Lorcan Staines SC, for the teenager, said that the boy was sentenced to one years' detention in Oberstown last February, when he was still a juvenile. In February of this year, the then 17-year-old, who was found guilty by a jury of raping his cousin between October 1 and December 31, 2018 was sentenced at the Central Criminal Court.

Places mentioned

Court Venue
  • Court of Appeal
  • Central Criminal Court
Facility
  • Wheatfield Prison

Topics

Stage Appeal

Read the original CNI report

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