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Man has 5-year sentence for having sex with mentally impaired cousin reduced to 18 month jail term on appeal
Summary
In 2013, a 53‑year‑old Dublin man was convicted of eight counts of unlawful sexual intercourse with his mentally impaired female cousin, receiving a five‑year sentence on each count to run concurrently. He pleaded not guilty but admitted a sexual relationship, claiming ignorance of her impairment. After an unsuccessful appeal in 2014, he was released on bail and later voluntarily returned to custody. On 10 December 2015, the Court of Appeal re‑sentenced him to three years imprisonment, with the final 18 months suspended, and backdated the sentence eight months to account for time served. He was required to post a €100 bond and comply with the sex‑offender register. The appeal focused on the trial judge's treatment of the victim's mental impairment as an aggravating factor and the manner of her evidence, which the appellate judges found insufficiently considered. No further convictions or outcomes are mentioned in the article.
Who, what, where, when and why
What: Report matter: Man has 5-year sentence for having sex with mentally impaired cousin reduced to 18 month jail term on appeal. Charges or matters: eight counts of unlawful sexual intercourse with his mentally impaired female cousin at different locations between 1998 and 2003. Procedural stage: appeal. Findings: Found guilty
When:
- February 8 2013 Hearing Or Sentence
- July 2013 Hearing Or Sentence
- 1998 and 2003 Other
- 2015-12-10 Publication
Case subjects
Convicted Person
Charges: eight counts of unlawful sexual intercourse with his mentally impaired female cousin at different locations between 1998 and 2003 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He successfully appealed his sentence today and was accordingly re-sentenced to three years imprisonment with the final 18 months suspended. Mr Justice Mahon, who sat with Mr Justice George Birmingham and Mr Justice John Edwards, re-sentenced the man to three years imprisonment with the final 18 months suspended.
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