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What is the maximum sentence for indecent assault against a male (1981-1991)?

Summary

On 2 February 2016 a seven‑judge panel heard the DPP's appeal against the Court of Appeal's decision in DPP v Maher. The Court of Appeal had held that, following the 1937 Constitution and the 1935 Criminal Law Amendment Act, the maximum sentence for indecent assault against a male between 1981 and 1991 was two years, the same as for a female at that time. The DPP argued that the Supreme Court had misapplied DPP v SM, which had not limited the penalty for a male to two years but had only set a statutory maximum of ten years for a female. The Supreme Court, in its determination, agreed that the issue was of general public importance and allowed the appeal, recognising that the correct sentencing guidelines for indecent assault against a male between 1981 and 1991 should be based on the statutory maximum of ten years rather than the two‑year limit imposed by the Court of Appeal. The unnamed accused pleaded guilty and was convicted.

Who, what, where, when and why

What: Report matter: What is the maximum sentence for indecent assault against a male (1981-1991)?. Charges or matters: numerous counts of indecent assault against young males committed between 1966 and 1976; 19 counts of indecent assault against young males between 1982 and 1984. Procedural stage: appeal. Findings: Convicted

When:

• Tuesday, 2nd February Hearing Or Sentence
• June 1981 Incident
• January 1991 Incident
• 1981 and 1991 Incident
• 1966 and 1976 Incident
• 1982 and 1984 Incident
• 2016-02-02 Publication

Why: In DPP v SM (No 2) [2007] 4 IR 369 (High Court) Laffoy J held that s 61 0f the 1861 Act did not survive the enactment of the Constitution in 1937 because of the disparity between the penalty for indecent assault against a male and the penalty for the same offence against a female. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

Read the original CNI report