Courts / Ireland / Report
Man spared jail for abusing niece begins prison sentence following prosecutors' appeal
Summary
A 66‑year‑old man who had pleaded guilty to three counts of sexual assault against his niece, aged five, six and eight between 2003 and 2006, was originally given a wholly suspended five‑year sentence by Judge Thomas Teehan on 17 December 2015. Prosecutors appealed, and the Court of Appeal, led by Mr Justice George Birmingham, resentenced him to five years' imprisonment with the final four years suspended. The judge described the assaults as involving rubbing the victim's private parts inside her underwear when she was five, forced masturbation when she was six, and digital penetration when she was eight. He noted the victim's powerful impact report and the family's distress. The court acknowledged mitigating factors such as the man's early plea, good character, and remorse, but concluded that custodial time was necessary. The man was ordered to serve the custodial portion of his sentence and to comply with a good‑behaviour bond and restrictions on contact with minors.
Who, what, where, when and why
What: Report matter: Man spared jail for abusing niece begins prison sentence following prosecutors' appeal. Charges or matters: three counts of sexual assault committed against his niece when she was aged five, six and eight on three occasions between 2003 and 2006. Procedural stage: appeal
When:
- December 17, 2015 Incident
- 2003 and 2006 Incident
- 2016-06-13 Publication
Why: She had asked the sentencing judge to give him a suspended sentence out of the kindness of his heart because her husband was her only carer. CNI source report
Case subjects
Appellant
Charges: three counts of sexual assault committed against his niece when she was aged five, six and eight on three occasions between 2003 and 2006 (Admitted)
Plea: Guilty
Outcome: He was given a wholly suspended five year sentence by Judge Thomas Teehan on December 17, 2015. The Director of Public Prosecutions successfully sought a review of the man's sentence today, through counsel, David Humphries BL, and he was accordingly resentenced by the Court of Appeal to five years imprisonment with the final four years suspended.
Places mentioned
- Court of Appeal
Topics
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request