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Appeal court jails 74-year-old for sexually abusing boy in the 1980s
Summary
Thomas Mooney, aged 74, was sentenced by the Appeal Court to 14 months' imprisonment, with 11 months suspended, for indecently assaulting a boy between 1983 and 1985. The court found that the maximum sentence for indecent assault at the time was two years, not ten as previously thought. Mooney had pleaded not guilty at the Dublin Circuit Criminal Court, where he was found guilty after an eight‑day trial and originally sentenced to four years, two of which were suspended. He had been granted bail pending appeal. The judge noted that the victim was paid to visit Mooney's flat for sexual acts, which ceased when the victim entered an industrial school. Mooney had no prior convictions, was a bachelor with limited intellectual capacity, and his health was deteriorating, factors the court considered in reducing the custodial term. The appeal was heard by Mr Justice Alan Mahon, Mr Justice George Birmingham and Mr Justice Garrett Sheehan.
Who, what, where, when and why
What: Report matter: Appeal court jails 74-year-old for sexually abusing boy in the 1980s. Charges or matters: eight counts of indecently assaulting a boy when he was aged between 11 and 14 on dates between October 1983 and June 1985. Procedural stage: appeal. Findings: Found guilty
When:
- October 1983 Hearing Or Sentence
- June 1985 Hearing Or Sentence
- July 25 2014 Hearing Or Sentence
- 2015-12-17 Publication
Why: Mooney, who had been granted bail pending an appeal, successfully appealed his sentence today because it has since transpired that the maximum sentence for indecently assaulting a male at the time of his conviction was two years in prison and not 10 as was widely believed. CNI source report
Case subjects
Appellant
Charges: eight counts of indecently assaulting a boy when he was aged between 11 and 14 on dates between October 1983 and June 1985 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury following an eight day trial and sentenced to four years imprisonment with the final two suspended by Judge Catherine Murphy on July 25 2014. The court heard that arrangements had been put in place to safeguard the tenancy on his home and Mr Justice Mahon, who sat with Mr Justice George Birmingham and Mr Justice Garrett Sheehan, re-sentenced him to 14 months in prison with the final 11 months suspended.
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