Courts / Louth / Report
Convicted rapist who fathered son with estranged daughter challenges temporary release refusal
Summary
A 52‑year‑old convicted rapist who fathered a son with his estranged daughter has been allowed to pursue a High Court action against the governor of the Midlands Prison and the Minister for Justice after his request for temporary release on medical grounds was refused. The man, who was sentenced in January 2023 to 10 years' imprisonment with the final year suspended, suffers ill health, including a chronic, infected wound on his right knee that may require inpatient care. His lawyers argue that there is no statutory prohibition on temporary release for sexual offence offenders and that the refusal was unlawful. They seek a declaration that the Minister's fixed policy denying release for such offenders is unlawful, an order for the reasons for the refusal, and a declaration that the Minister's discretion has been fettered. The High Court has granted permission for the case to proceed and adjourned it to January.
Who, what, where, when and why
What: Report matter: Convicted rapist who fathered son with estranged daughter challenges temporary release refusal. Procedural stage: sentence
When:
- January 2023 Hearing Or Sentence
- September 2023 Other
- 2024-12-09 Publication
Why: The man claims he was "orally informed" by a prison officer that his request for temporary release was declined because of the nature of the conviction recorded against him. CNI source report
Case subjects
Convicted Person
Outcome: In January 2023, the man, who suffers with ill health, was sentenced to 10 years' imprisonment with the final year suspended. Judge Quinn was also told that the man was jailed by the Central Criminal Court for six years in 1996 for rape and for three-and-a-half years by Dundalk Circuit Court in 2003 for sexual assault.; Ms Justice Mary Rose Gearty told Ms Leader that she would grant permission for the man to pursue his legal actions and adjourned the matter to January.
Places mentioned
- High Court
- At Dundalk Circuit Criminal Court
- Dundalk
- Central Criminal Court
- Dundalk Circuit Court
- Midlands Prison
Topics
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