Courts / Waterford / Report
Sex offender who violently raped niece and abused her sister appeals 15-year sentence
Summary
A 55-year-old man is appealing his combined 15-year prison sentence at the Court of Appeal. He pleaded guilty at the Central Criminal Court to one count of rape and one count of sexual assault against his niece, occurring between 2012 and 2018. Ms Justice Karen O'Connor sentenced him to 11 years, with the final 15 months suspended, on October 31, 2023. This sentence is to be served consecutively to a six-year term imposed by Judge Eugene Kelly at Waterford Circuit Court on October 26, 2023, for four counts of sexual assault against the niece's sister. The man's counsel, Colman Cody SC, argued the sentences were excessive and that a greater portion should have been suspended to incentivize rehabilitation, citing mitigating factors including his guilty plea, cooperation, and personal circumstances. The Director of Public Prosecutions, represented by Vincent Heneghan SC, contended the sentences were appropriate and within judicial discretion, noting the violence of the offenses. The court reserved judgment on the appeal.
Who, what, where, when and why
What: Report matter: Sex offender who violently raped niece and abused her sister appeals 15-year sentence. Charges or matters: one count of rape against the first victim on a date unknown between September 1, 2012 and December 31, 2013 and one count of sexual assault on a date unknown between May 1, 2017 and July 31, 2018 at an address in Waterford; four counts of sexual assault against the second victim at the Circuit Court hearing and was sentenced to six years in prison for these offences by Judge Eugene Kelly on October 26, 2023. Procedural stage: appeal
When:
- September 1, 2012 Incident
- December 31, 2013 Incident
- May 1, 2017 Incident
- July 31, 2018 Incident
- October 31, 2023 Incident
- October 26, 2023 Incident
- Christmas Incident
- 2026-05-19 Publication
Case subjects
Convicted Person
Charges: one count of rape against the first victim on a date unknown between September 1, 2012 and December 31, 2013 and one count of sexual assault on a date unknown between May 1, 2017 and July 31, 2018 at an address in Waterford; four counts of sexual assault against the second victim at the Circuit Court hearing and was sentenced to six years in prison for these offences by Judge Eugene Kelly on October 26, 2023 (Admitted)
Plea: Guilty
Outcome: He was sentenced to 11 years in prison with the final 15 months suspended by Ms Justice Karen O'Connor on October 31, 2023. Opening an appeal against his sentences at the Court of Appeal today, the man's senior counsel Colman Cody argued that a portion of the six-year sentence imposed in by Judge O'Kelly at Waterford Circuit Court should have been suspended.
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