Courts / Tipperary / Report

Judge told he is facing jail for attempted rape and sex abuse of six young men

Date
2024-04-29

Stage
Sentence

Primary locality
Tipperary

Summary

A former Circuit Court judge, Gerard O'Brien, aged 59, was told by the court that he is likely to receive a custodial sentence for attempted rape and sexual assault of six young men between 1991 and 1997. O'Brien, a former teacher and solicitor, was convicted in December 2023 of one count of attempted anal rape and eight counts of sexual assault. The victims, aged 17 to 24, were either his students or former students. The judge, Mr Justice Alexander Owens, said he would impose a custodial sentence when the case is finalised on 29 May 2024 and remanded O'Brien on continuing bail. O'Brien pleaded not guilty to all allegations. The court considered psychological reports, victim impact statements and O'Brien's personal circumstances, including his disability and history of depression, but did not yet decide the final sentence.

Who, what, where, when and why

What: Report matter: Judge told he is facing jail for attempted rape and sex abuse of six young men. Charges or matters: all the allegations. Procedural stage: sentence. Findings: Convicted

When:

March 1991 Incident
November 1997 Incident
May 29 Adjournment
July 2020 Other
March 2022 Hearing Or Sentence
December 2021 Hearing Or Sentence
November 2023 Hearing Or Sentence
2024-04-29 Publication

Case subjects

Gerard O'Brien

Applicant

Charges: all the allegations (Proven)

Plea: Not guilty

Finding: Convicted

Outcome: Convicted; Michael O'Higgins SC asked the court to consider a non-custodial sentence after submitting that a psychological report states O'Brien is psychologically vulnerable, has limited coping skills, has suffered episodes of major depressive disorder and has "unmet sexual needs due to being gay in a homophobic society and his disability". Mr Justice Alexander Owens today said his provisional view is that he will impose a custodial sentence when he finalises the case on May 29 next.; He asked for a report from the Irish Prison Services in relation to the facilities that would be available to O'Brien and remanded him on continuing bail until the next date.