Courts / Meath / Report

Survivor says 'incredibly hard' to stand out against abuse in the face of 'lenient' sentences as relative has jail term increased

Date
2025-12-05

Stage
Appeal

Primary locality
Athboy

County
Meath

Summary

The Court of Appeal has quashed the original sentence of David Hamilton and resentenced him to eight and a half years for the rape, oral rape, and sexual assault of two female relatives in Meath between 2004 and 2008. Hamilton, who pleaded guilty to the charges, had previously been sentenced to seven and a half years by Mr Justice Tony Hunt at the Central Criminal Court. The Director of Public Prosecutions successfully appealed on the grounds that the original term was unduly lenient. Ms Justice Isobel Kennedy noted the prolonged nature of the abuse and the defendant's awareness of its wrongfulness. The new sentence includes a suspended final year, with the suspension remaining in place for life. Jonathan Hamilton, David's brother, was separately sentenced to three years for one count of rape and sexual assault of the older victim in 2005, with the final six months suspended for life. The younger victim stated she was happy with the additional year added to David Hamilton's term, expressing hope to begin healing without fear.

Who, what, where, when and why

What: Report matter: Survivor says 'incredibly hard' to stand out against abuse in the face of 'lenient' sentences as relative has jail term increased. Charges or matters: rape, oral rape and sexual assault of the older girl and sexual assault of the younger girl in Meath on dates between 2004 and 2008; one count of rape and sexual assault of the older girl on one occasion on a date in 2005. Procedural stage: appeal

When:

2004 and 2008 Incident
2005 and 2008 Incident
2025-12-05 Publication

Why: She said in order to incentivise rehabilitation, the court would suspend the final year on the same terms as in the court below. CNI source report

Case subjects

David Hamilton

Defendant

Charges: rape, oral rape and sexual assault of the older girl and sexual assault of the younger girl in Meath on dates between 2004 and 2008; one count of rape and sexual assault of the older girl on one occasion on a date in 2005 (Admitted)

Plea: Guilty

Outcome: Speaking after David Hamilton was re-sentenced today, the younger victim said she was happy with the outcome of one additional year added to his sentence. "I will not let my voice be silenced or go unheard ever again," she said. "I hope that I can now begin the long journey towards healing and to finally seek therapy without fear." In March this year, David Hamilton was sentenced to seven and a half years with the final 12 months suspended by Mr Justice Tony Hunt at the Central Criminal Court. That has to be distinguished from the earlier offending," said Mr Finnegan. "We say that it was when you look at the methodology, there was a lack of attention given to the change in the level of culpability." However, John Hayen SC, for David Hamilton, said what the court had to concern itself with was the ultimate sentence imposed.

Jonathan Hamilton

Defendant

Charges: one count of rape and sexual assault of the older girl on one occasion on a date in 2005 (Admitted)

Plea: Guilty

Outcome: Jonathan Hamilton was sentenced to three years with the final six months suspended.