Courts / Galway / Report
Remorseless abuser loses appeals against conviction and sentence
Summary
James Kelly, 59, from Cashel in Connemara, lost an appeal against his conviction and six‑year sentence for indecent assault on a boy aged six to ten between January 1976 and December 1979. He pleaded not guilty to 16 counts at Galway Circuit Criminal Court, but a jury found him guilty on all counts. Judge Rory McCabe imposed a net sentence of six years, with two years for each of the first 14 counts running concurrently and two years for the final two counts running consecutively. On appeal, Mr Justice John Edwards dismissed Kelly's challenge to the sentence, noting no remorse and that the trial judge had properly directed the jury. The appeal against conviction was also dismissed, with the court agreeing that the judge had not misdirected the jury. The case involved a progression from molestation to buggery, with the victim threatened by Kelly if he disclosed the abuse.
Who, what, where, when and why
What: Report matter: Remorseless abuser loses appeals against conviction and sentence. Charges or matters: 16 counts of indecent assault committed against a boy aged between six and ten on dates between January 1976 and December 1979 in the county. Procedural stage: sentence
When:
- January 1976 Incident
- December 1979 Incident
- February 18, 2014 Incident
- 2015-07-27 Publication
Why: Dismissing Kelly's appeal against sentence today, Mr Justice John Edwards said there was no basis on which suspending part of the sentence could have been considered, as was submitted by his barrister Damien Colgan SC, because the trial had been contested and "no manifestation of remorse" had been displayed by Kelly. CNI source report
Case subjects
Convicted Person
Charges: 16 counts of indecent assault committed against a boy aged between six and ten on dates between January 1976 and December 1979 in the county (Alleged Or Contested)
Plea: Not guilty
Outcome: Kelly was unanimously found guilty on all counts by a jury and was given a net sentence of six years imprisonment by Judge Rory McCabe on February 18, 2014. He was sentenced to two years imprisonment – the maximum available sentence for the offence – on each of the first 14 counts to run concurrently and two years on the final two counts each to run consecutively.
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